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SHA 2 BKK

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Posts posted by SHA 2 BKK

  1. 8 minutes ago, hcvc said:

    I have an appointment to receive a LTR Visa for Wealthy Pensioners at One Stop Service Center (OSS).

     

    On the BOI website under the heading Wealthy Pensioner - Application Process – Visa Issuance – Dress Code Guidelines for Appointment Date - a pictorial displays a cartoon of a man wearing a suit and tie. Individual cutouts of a cartoon suit and pants are also shown.

     

    Above the pictorial is a message (warning) stating - * Remarks: * Please dress politely in proper formal clothes and shoes. The immigration officer reserves the right to refuse service if inappropriate clothing is observed.

     

    I am a large framed fashionably challenged individual living on a rural farm and do not have a suit or tie. I have made several fruitless attempts to purchase a suitable suit online.

     

    For those who already have a BOI LTR Visa for Wealthy Pensioners - were you required to wear a suit and tie – or did you happen to observe any one denied a BOI LTR Visa for a dress code violation?

     

    Any help would be much appreciated.

    I wore a pair of jeans (no holes), long sleeve shirt with collar.  No tie.  No jacket.   Decent pair of shoes too.  
     

    No “Bag of Fruit” (Suit) needed.  Good luck cobber. 

    • Like 2
  2. 21 minutes ago, JohnnyBD said:

    Thanks for posting. Just to clarify, I assume "previous years income" means if I get a LTR WP in 2025, then 2024's income is exempt, and 2025, and future years too. Is that correct?  Also, I don't see anything about company pensions, stock dividends, bank interest or capital gains from abroad in the decree. Maybe it's spelled out in more detail in Sec 40 of the Revenue Code. I will try to research Sec 40. If you get time, can you please elaborate on those different income streams, whether they are exempt also. Thanks for your reply.

    1.  Yes it is my understanding that if you get your LTR WP in 2025 and remit 2024 income it is free of Thai Tax.  2025 income would be tax free in 2026.   But as with all tax comments here you may need to seek independent advice.  I am neither a tax planner/lawyer et al - but given the way the Decree is written and advice I (and others) have had from the BOI, if you got an LTR Visa next year, any income from this and previous years remitted to Thailand is tax free.

     

    2. Following is the whole of Section 40 in from the Thai RD.  It mentions income from Pensions, Stocks, Bank Interest and Capital Gains (but those of a Juristic Person or Company - if it was an individual Capital Gain, I think you would easily argue you are a Juristic Person in the sense that that you held the Capital that received the gain).   It seems to be a pretty broad brush and thus would exempt any income that I personally would earn if I remitted in a following year.

     

    Hope this helps.

     

    "Section 40 Assessable income is income of the following categories including any amount of tax paid by the payer of income or by any other person on behalf of a taxpayer.

    (1) Income derived from employment, whether in the form of salary, wage, per diem, bonus, bounty, gratuity, pension, house rent allowance, monetary value of rent-free residence provided by an employer, payment of debt liability of an employee made by an employer, or any money, property or benefit derived from employment.4

    4R.CT.No.29/2538

    (2) Income derived from a post or from performance of work, whether in the form of fee, commission, discount, subsidy, meeting allowance, gratuity, bonus, house rent allowance, monetary value of rent-free residence provided by a payer of income, payment of debt liability of a taxpayer made by a payer of income, or any money, property or benefit derived from a post or from performance of work, whether such post or performance of work is permanent or temporary.

    (3) Fee of goodwill, copyright or any other rights, annuity or annual payment of income derived from a will, any other juristic act, or court decision.

    (4) Income that is:

    (a) Interest on a bond, deposit, debenture, bill, loan whether with or without security, the part of interest on loan after deduction of withholding tax under the law governing petroleum income tax, or the difference between the redemption value and the selling price of a bill or a debt instrument issued by a company or juristic partnership or by any other juristic person and sold for the first time at a price below its redemption value. Such income also includes income assimilated to interest, benefit or other consideration derived from the provision of a loan or from a debt-claim of every kind whether with or without security. 5

    5M.R.No.126 Clause 2 (30) R.CT.No.30/2538

    (b) Dividend, share of profits or any other gain derived from a company or juristic partnership, a mutual fund or a financial institution established under a specific law in Thailand for the purpose of providing a loan in order to promote agriculture, commerce or industry; the part of dividend or share of profits after deduction of withholding tax under the law governing petroleum income tax.

    For the purpose of income calculation under paragraph 1, if a lawful child who is a minor derives income and the marital status of the parents exists throughout the tax year, the income of the child shall be treated as income of the father. However, if the marital status of the parents does not exist throughout tax year, the income of the child shall be treated as income of the parent who exercises parental power, or of the father if both parents jointly exercise parental power.

    The provisions of paragraph 2 shall apply mutatis mutandis to an adopted child who is a minor deriving income.

    (c) bonus paid to a shareholder or partner of a company or juristic partnership;

    (d) a decrease of the capital holdings in a company or juristic partnership which does not exceed the total amount of profits and reserves;

    (e) an increase of capital holdings in a company or juristic partnership that is determined from the total amount of profits or reserves;

    (f) a benefit derived from the amalgamation, acquisition or dissolution of a company or juristic partnership and having the monetary value which exceeds the capital;

    (g) gains derived from transfer of partnership holdings or shares, debentures, bonds, or bills or debt instruments issued by a company or juristic partnership or by any other juristic person.6

    6M.R.No.126 Clause 2 (30)

    (5) Money or any other gain derived from:

    (a) rent of property,

    (b) breach of a hire-purchase contract,

    (c) breach of an installment sale contract, where the seller regains the property sold without paying back the money or gains already received.

    In the case of (a), if an assessment official has reason to believe that the taxpayer underreports the amount of income, he shall have the power to assess the income according to the reasonable rent of property under normal circumstances, and the amount so assessed shall be deemed assessable income of the taxpayer. In such case, the taxpayer may appeal against the assessment and shall apply the provisions on appeals under Part 2, Chapter 2, Title 2 mutatis mutandis.

    In the case of (b) and (c), all the money and gains received from the date of entering into contract to the date of breaching the contract shall be deemed assessable income of the year of which the contract is breached.

    (6) Income from liberal professions, namely, laws, arts of healing, engineering, architecture, accounting, fine arts or other liberal professions as prescribed by a Royal Decree;

    (7) Income derived from a contract of work where the contractor has to provide essential materials besides tools;

    (8) Income from business, commerce, agriculture, industry, transport or any other activity not specified in (1) - (7).

    The amount of tax under paragraph 1, which is paid for by the payer of income or by any other person on behalf of taxpayer on any category of income or in whichever tax year, shall be treated as income of the same category and of the same tax year as the income where payment of tax is made."

    • Like 2
  3. 7 hours ago, JohnnyBD said:

    When you get a LTR (wealthy pensioners) visa, are all monies remitted to Thailand exempt from income taxes, such as; pensions, dividends, interest & capital gains from investments? I read somewhere that only pensions and gains from property are exempt. Thanks.


    Royal Decree 743 says the following about remittances and their tax free status for LTR (WP). 
     

    “Section 5 Income tax under Part 2 of Chapter 3 in Title 2 of the Revenue Code shall be
    exempted for a foreigner categorised as Wealthy Global Citizen, Wealthy Pensioner, or Work-
    from-Thailand Professional who is granted a Long-Term Resident Visa under immigration law for
    assessable income under section 40 of the Revenue Code derived in the previous tax year from
    an employment, or from business carried on abroad, or from a property situated abroad, and
    brought into Thailand.”

     

    So as long as its previous years income you are pretty much covered.

  4. 5 hours ago, Ben Zioner said:

    I attempting to be facetious with that TM30 thing..

     

    In fact the on-line system works quite well, I came back from Bangkok yesterday and reported my address this morning. 

     

    Also, I used my new passport number and this din't cause any problem either. 

    I’m in Singapore at the moment.  I am my own “landlord” so can file my TM 30 online.  
     

    1.  As an LTR Visa holder when I return to Thailand my reporting “clock” will reset to one year from now entry (similar to the 90 Day “clock” for other visas.  
     

    2.  I will do my TM 30 online.  This time I will print and take a screenshot as I need that piece of paper from immigration at Chamchuri Square to renew my drivers licence.  I have heard told me though that one doesn’t need to do another TM 30 if the residence stays the same even if travel outside Thailand but better safe than sorry. 

  5. 19 hours ago, richard_smith237 said:

     

    In 'developed' nations, there are also various types and styles of crossings...     thus, whilst lack of consistence could be used as an excuse I doubt that it would make any difference as the underlying cultural trait of 'do anything but slow or stop' and 'only slow & stop as a last resort' will not change'  until a cultural shift towards road safety itself and pedestrian safety is 'forced'....    and I mean forced because its ingrained in the Thai culture not to be considerate of anyone outside of the primary *circles of influence then I expect little will change...  

    At least until huge fines and effective policing is enforced at every crossing.

     

    *the circules of influence have been discussed before.

    1) - Inner Circle - Family and closest friends and loved ones - Thais are extremely giving

    2) - Second Circle - Acquaintances and colleagues - Thais are polite and somewhat considerate

    3) - Outer Circle - Everyone else - Complete indifference, don't care as if they don't exist

     

    This explains why Thai's can be so kind and polite face to face as we enter the 'second circle' yet can be treated with complete indifference and disregard when in the outer circulce - i.e. such as crossing a road and someone driving and it does not enter their consciousness to be careful about us.

     

     

    Perhaps this method of crossing the road (below) would force us into the second circle of drivers who'd otherwise not see us.

     

     

    image.png.3229c818ffdd9db57b8c6191c4c437c7.png

    I mentioned this Brick Idea to my Thai friend who said good in theory but many drivers in Thailand carry a gun or baseball bat and they may seek retribution for losing face to a pedestrian.  

    • Like 1
  6. I take 10mg Zolpidem most nights.  I have a condition which causes me to wake 20-30 times a night if not.  
     

    I Have done sleep tests and it’s not sleep apnea.  The Thai Zolpidem is manufactured in India under the Brand name Zydus.  As Cheryl mentioned distribution is strictly controlled.  
     

    I do see a neurologist at Bangkok Hospital every two months for this prescription and other meds that help me sleep.  
     

    It is quite expensive but the product is available through the hospital but most health funds won’t cover so it’s an out of pocket expense. 
     

    I do buy over the counter in Hong Kong through a Pharmacist I’ve known for years. It is much cheaper and I carry my prescription with me in case I am pulled up at customs - fortunately this has never happened.  
     

    Insomnia is terrible.   I’ve tried everything else from total exhaustion through exercise to meditation and diet. Even Ganja!   But it’s only the Zolpidem and some other medicines that allow me a decent sleep. 

     

    Those who don’t suffer this affliction, like many maladies of the mind, are often quick to judge we who depend on medicine for rest.  After feeling guilty for taking Zolpidem I have listened to my neurologist who tells me sleep is as important as exercise and eating so I take my medicine and sleep

    some. 
     

    Good luck to you friend.  I hope you find the land of Morpheus.  
     

     

  7. 1 minute ago, SHA 2 BKK said:

    And no stupid 90 day reports!     Quick access through airports.  Just keep earnings offshore for 12 months (I get 6% on these deposits) and bring in the following year “TAX FREE”.  All the way with LTR!  


    I must admit though, I got my LTR in 2022 when the old tax rules still applied.   Anyone getting their LTR this year needs to make sure they remit income from previous years as I did when I first got my LTR.  

    • Thumbs Up 1
  8. 1 hour ago, JimGant said:

    Sure it does -- it grandfathers you into the old rules, so that you can remit all your 2024 income into Thailand on Jan 1 2025, without incurring a tax situation. That option's gone for non LTR visa holders. But, need to await further info from BoI.

    And no stupid 90 day reports!     Quick access through airports.  Just keep earnings offshore for 12 months (I get 6% on these deposits) and bring in the following year “TAX FREE”.  All the way with LTR!  

  9. 4 hours ago, Pib said:

     

    A LTR visa cannot be issued if you currently have a visa/extension of stay.   So, what must happen is your current visa must be cancelled and then the LTR visa can be issued.   

     

    For an extension of stay the BOI immigration can cancel the extension (or at less they use to like when I got my LTR visa issued in late 2022) like say you are currently on a Non O or OA Retirement extension of stay the BOI Immigration office will/can cancel that extension and then they issue/stamp in the LTR visa.  If you are currently on say a Non O or OA "Marriage" extension of stay the BOI immigration office can also cancel that also "but will require a copy of your Thai spouse ID (signed by wife) can and a fresh KorRor 2 just like you would provide if you were renewing a Marriage Extension of Stay....basically the BOI immigration office wants to ensure the Thai spouse is aware you are switching visa types.  

     

    Now regarding the cancellation of a visa (not an extension of say but a visa which has had no extensions) I'm not sure if the BOI immigration can cancel that....you would need to ask them.

     

    When I got my LTR Pensioner visa issued in late 2022 I was on a Non OA Marriage Extension of Stay.  Before going to BOI to have the LTR issued/stamped into my passport I made copies of the wife's Thai ID, Thai passport, and got a fresh KorRor 2....had the spouse self-certify (i.e, sign) the Thai ID/passport.  The wife also went along since we live in Bangkok.  BOI Immigration cancelled my extension of stay and issued the LTR visa in a combo action...that is, Non O extension of stay cancelled....and then a few minutes later the LTR visa issued/stamped into my passport.

     

    I expect BOI immigration prefers an current visa/extension of stay to be cancelled "before" you arrive to have the LTR visa issued....just less work for them.  And I expect there may be some types of visa (as there are many types of visas) they require the issuing IO to cancel.    

     

    HOWEVER, BUT, maybe things have changed since late 2022 when I got my LTR visa issued in regards to if BOI immigration will cancel a visa/extension of stay issued by another immigration office.   Maybe BOI immigration now absolutely require the "issuing IO" to cancel the current visa/extension of stay but I expect it really just a preference and BOI immigration will still cancel a visa/extension of stay at their office and then a minute later issue the LTR visa.

     

    What kind of visa/extension are you currently on?

     

     

    Edit:  After posting above I found my LTR approval notification instructions from late 2022 and below is a partial quote regarding the cancellation of a visa I might currently be on.  You could arrange to have the BOI immigration office to cancel your current visa an issue the LTR visa same day/same time of LTR visa issuance.   As mentioned above I just had BOI immigration cancel my current visa extension of stay during my same visit to get the LTR visa issued.    I can't say for sure BOI immigration will still cancel a visa/extension issued by another immigration office....before they would prefer the issuing office did it but the BOI immigration office would still do it when required....my gut tells me they will still do it when you request in advance that's what you want to do.   

     

    Partial Quote from my LTR Approval Notice

    IMPORTANT:
    If you are currently on a Thai visa category which needs to be cancelled before
    receiving LTR such as Non-B, Non-O (spouse visa), Smart Visa, Non-O (except for
    Non-O Retirement visa), please terminate the current visa while asking the
    immigration officer to allow extra days of permission to stay after the cancellation or
    arrange for the visa cancellation on the same day as the appointment date at the
    immigration office where you got your current visa from.


    For further information about current visa termination, please contact the immigration
    office where you got the current visa from or contact the LTR Screen staff in-charge
    for guidance if you wish to get the LTR visa and terminate the current visa on the
    same day

    End Quote.

     

    Like Pib I got my LTR P at the end of 2022.  However Immigration at Chamchuri Square were able to cancel my Visa (Expiring Elite) and then stamp the LTR.  I don’t know if things have changed but my was a one stop and done and dusted in an hour.   
     

    Sorry I can’t give further advice but maybe you can advise your current visa etc and a wiser head than mine can lend a hand.  Good luck.  

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