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blackcab

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Posts posted by blackcab

  1. If overseas income is paid to you outside of Thailand that income is not taxable in Thailand.

     

    If the income is subsequently brought into Thailand within within the current Thai tax year the income becomes taxable in Thailand.

     

    If you keep the overseas income outside of Thailand past the end of the tax year (December 31st) and then bring that income into Thailand, the income is not taxable.

     

    It is up to you to declare the income for tax purposes in Thailand if you are liable, because in this situation the Thai Revenue Department has no way of knowing when you received the payment.

    • Like 2
  2. Perhaps it went like this:

     

    Somebody Senior: I want the area cleaned up.

     

    Staff: Pardon me, Sir, but that's the job of the police. Unfortunately these vendors are so well organised that the police, using all their resources, cannot manage.

     

    Somebody Senior: Send in ISOC then. They will do a good job.

     

    Staff: Unfortunately, Sir, ISOC doesn't have the powers of the police to arrest, charge and seize property unless it's a matter of national security.

     

    Somebody Senior: That's quite irksome. Tell me, who decides if it's a matter of national security or not?

     

    Staff: You do Sir.

     

    Somebody Senior: Jolly good, carry on.

  3. 15 minutes ago, kokesaat said:

    If my bank gave someone, 'claiming' to be Thai immigration, my bank info over the phone, it'd no longer be my bank.

     

    I think you will find that immigration and the banks have a specific point of contact who deal with each other on a regular basis.

     

    If immigration did check, and the bank didn't divulge any information whatsoever the result would be you wouldn't get an extension of stay until the query was resolved at your next appearance.

    • Thanks 1
  4. It is possible, but it will be tough, especially if you have no local contacts. You will have a lot of competition and you will have to be prepared to apply for a lot of jobs.

     

    You may not get the salary you are used to either.

     

    Ask yourself what do you have that a Thai person does not? You will need to decide if that special skill is realistically going to be worth a Thai company going through the expense and paperwork mountain to hire you.

     

    If it is worth it, could they hire an Indian person for half your proposed salary?

     

    For job vacancies you need to check Thailand job websites.

    • Like 1
  5. 52 minutes ago, darrendsd said:

    What does this mean? The landlord or myself have no rights?

     

    The first thing to understand is that the payment of stamp duty for a land or building lease is the responsibility of the lessor. The lessee can pay the stamp duty if they choose to however.

     

    If the stamp duty is not paid then a lease that is required to be executed in the presence of an official cannot be executed until the outstanding duty had been paid. This means a Court cannot act until the outstanding stamp duty has been paid.

     

    Importantly, you don't lose your rights. Nobody removes your ability to refer the lessor to Court for beach of contract. It's more that you have to resolve the outstanding debt to the government before a judge will hear your case.

     

    As a lessee bringing the matter to Court you can argue that this is unfair, but that's the way it is. The government wants its money.

     

    To put this in perspective, for a 1 year lease agreement with a rent of 10,000 baht per month, the total stamp duty payable is 120 baht. Tax stamps are freely available; all you need to do is stick them to the lease and cancel them by drawing a line through them. You only need to do that for one of the copies of the lease. The second copy needs a 5 baht tax stamp as a duplicate instrument.

     

    I would say the majority of residential landlords are genuinely uninformed about the need to pay stamp duty. It's not a matter of evasion; they just don't know.

     

    The final consideration must be, however, the cost of litigation and the length of time it takes to conclude litigation in Thailand.

     

    It is almost always the case that the total cost of litigation over a residential lease is going to far outweigh the judgement awarded by the Court. Most people choose to write off smaller sums because of this, and the likelihood that even after judgement the chances of successfully executing the judgement can often be slim.

  6. 1 hour ago, davidst01 said:

    is your lease registered at the land office with tax paid by yourself. If so you have a lot of rights...

     

    Only leases over 3 years in duration are required to be registered. This is why you see lots of 3 year commercial leases offered.

     

    The lease should have been reported to the Revenue Office though and stamp duty paid. Without stamp duty, the lease is unenforceable in Court. That doesn't really bother most people with a 6 or 12 month residential lease though as Court action is not something most people would take.

    • Thanks 1
  7. 8 hours ago, Halfaboy said:

    Would it be an idea to set up a loan agreement with the chanotte as security. So, you loan him money with is repaid by not paying the monthly rent.

     

    The bank has first charge on the property. This means the property cannot be used as collateral for a second charge without the holder of the first charge (the bank) agreeing.

     

    It's highly unlikely the bank as mortgagor would agree to this, as they want complete control over the liquidation of the asset if the mortgagee does not perform.

    • Like 2
  8. 8 hours ago, darrendsd said:

    Yes I know i am unlikely to get my deposit back but i will be trying my hardest - is not getting the deposit back a civil or police matter in Thailand?

     

    You can't get blood out of a stone.

     

    Easiest thing to do is not pay the last months rent and ask your landlord to keep the deposit.

     

    Remind him nicely that you have given him rent in advance in the past, and show him that you have paid all outstanding bills for water, electric, etc

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  10. You're entirely correct. Deposits are:

    1. Used in lieu of unpaid rent (rent which has already been taxed for stamp duty, and as such shouldn't be taxed twice)
    2. For dilapidations, which are not taxable for stamp duty

    Key money is an advance payment of rent, for example:

    1. The lessee would pay 2 million baht on signing the contract, then 100,000 baht each month thereafter, for a period of 3 years
    • Thanks 1
  11. @RLAretired

     

    Give Bistro 33 (on a side soi of Sukhumvit 33) a try. It might take a couple of attempts to meet people, but during some lunchtimes and afternoons there are often a few gentlemen gathered there, some of which, I know for certain, have spent several years in the Forces.

     

    There are some good lunch specials, and Barry, the owner, is a really nice and pleasant guy who it is always a pleasure to talk to.

     

    It's a manageable walk from BTS Phrom Phong exit 5. On site parking is available.

     

    Click here for a link in Google maps

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