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Posts posted by Misty
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3 hours ago, ThailandRyan said:Wore a nice pair of golfing pants and a polo shirt, dressed like I do for Informal business meetings.
Yes, basic rules of common decency apply: be clean, shave if needed, comb hair, wear clean well-mended clothes, brush teeth. A collared shirt and long pants. No flip flops - closed toe shoes.
Probably all the folks who qualify for LTR visas know how to dress decently already.
From many years doing annual NonB extensions in CW immigration that may not be the case for expats there, but don't let that place be a guideline of acceptibility.
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6 hours ago, LivinLOS said:Its odd as the BOI lawyers I consulted with on video calls before applying were all 'yes of course just document your earnings'.
I'm not sure what a "BOI lawyer" is - is this a private sector firm charging a fee for advice, or a lawyer who works for the BoI directly, or something else?
The reason I ask is that the LTR unit itself seems to be the best source of information and advice, and there's no fee involved. My various applications were not at all straight forward or plain vanilla, and the LTR unit was great in getting it all done. There was no need to pay a third party for this.
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11 minutes ago, khunjeff said:On 5/12/2024 at 8:20 AM, SHA 2 BKK said:Anyway I've had my LTR for 18 months. Apart from coming and going at the airport haven't seen an Immigration Officer or the BOI for that matter since!
Ditto (though I've had mine for "only" 17 months). No visits to immigration, no forms to fill (I leave the country regularly), no bank statements, no photocopies. Visa matters are no longer the constant irritant in my life that they used to be - and I just now sped through Fast Track at the airport in under five minutes. I'm an LTR fan.
Same here - had an LTR visa since Oct 2022. BoI's LTR and its long-term digital work permit are way better than the years of annual hassle renewing NonB/work permit. No comparison.
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5 hours ago, Presnock said:I am pretty sure that all foreign remitted funds to Thailand are exempt under the LTR benefits (by royal decree). If one works legally in Thailand with the LTR work permit, the earned funds will be taxed a a different rate than normal- BOI will probably send you confirmation soon.
Just to clarify: for most LTR visas if you work in Thailand the earned funds will be taxed at the normal progressive rate schedule, reportable on a PND90 or PND91.
There's only one LTR visa (LTR HSP) where the earned funds will be taxed at a flat 17% rate reportable on a PND95. But the LTR HSP visa doesn't get the benefit for the royal decree tax benefit. If you have an LTR HSP and remit foreign funds into Thailand, the royal decree doesn't apply.
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1 hour ago, SingAPorn said:Not very clear on how immigration will start making their annual checks for LTR visa holders to see if they still qualify and to "maintain" the LTR. With the risk of having the visa unfairly cancelled. Not to mention the postings read on the annual reporting and some immigration refusing to consider the report and asking the ltr holder to come back in 60 days. What if one has planned to leave when the ask to come back ?
You don't seem interested in this particular visa. Why do you keep posting on this thread?
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21 hours ago, noobexpat said:
No doubt similar to our offshore bonds, which don't have one and every other offshore bond i've ever seen.
So lets see these policy terms.
They seem to be variously referred to as "offshore bonds" and also "offshore savings plans" "offshore investment schemes" "offshore pension schemes" and perhaps other terms.
When you say "our" offshore bonds -- whose offshore bonds do you mean? Is it possible you've only seen a subset of what seems to be out there?
As you note, these offshore IFA pushed products are "policies" - as in insurance products. Maturity dates are included. And surrender penalties if the policy is surrendered ahead of the maturity date.
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1 hour ago, noobexpat said:
We use onshore and offshore versions.
Who is "we" ? Are you one of these IFAs?
1 hour ago, noobexpat said:they have no maturity date.
The insurance policy wrapped investment products pushed by IFAs in Thailand and elsewhere do, in fact, have maturity dates listed in their "Policy terms"
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36 minutes ago, wordchild said:
The London Times article, which i linked in the OP, was referring to expats who had been the victims of offshore IFA,s sharp practice in the recent past, not from many years ago.
I know, for a fact, that the deVere Group (referenced in the article) still promote "offshore portfolio bond" structures to customers of their Dubai operation.
One needs to exercise extreme caution in dealing with any offshore financial advisors, especially those based in places like Thailand. As the original Times article illustrates you are running significant risks with your finances
Agreed. That whole LMIM scandal from just a few years back that resulted in Thai criminal charges being filed against some so-called "IFAs" involved an Australian property fund (really a Ponzi scheme) that was held in long-term offshore insurance wrappers with jurisdiction in places like the Isle of Man. To find recent examples just google "deVere's scam" and you'll find reports from the last year or two.
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4 hours ago, noobexpat said:
Total nonsense.
There is no investment product in 2024 that even has a fixed term. This is the over age 70 folks with their only experience being endowment "policies" from the 90's with their "maturity dates".
A qnups will likely have an admin fee for closure. A fixed amount, somewhere between £50 and £1,500. Standard practice.
That's great to hear that you think the only fees involved in this case will be between GBP50-1500. However, there are insurance-wrapped investments that have been sold much more recently than the 1990s with long maturity dates. It's the insurance wrapper, not the investment, that has the long date.
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23 hours ago, MrBanks said:
Hi, my problem is that I don’t really have the luxury of time, to take a wait and see approach.
My thinking is that if the government do change the IHT rules regarding non UK citizen spouses and affords them the same rights as a UK citizen spouse, I can always change the protective moves that I am making.
Thank you for your help.
Yes, if there's no or little cost for changing the protective moves. Most of the IFA sold products I've seen do have hefty costs/penalties for getting out of them, with long lock-in periods. Be sure to check the fine print, as I've run across people who thought they had a 5 year plan (IFA said verbally), when in writing it was 25 years.
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On 5/3/2024 at 11:59 AM, pedritosan said:
This is a 5-year visa with a 5-year option to renew.
Hi, if you have an LTR visa it's a 10 year visa (and you have already paid for all 10 years) - with a 5 year permission to stay.
On 5/3/2024 at 11:59 AM, pedritosan said:They told me that I should wait another 90 days before checking in. Is that correct? So, to be specific, I entered the country on May 5, 2023. I left in September 2023, and came back May 2, 2024
If you just re-entered Thailand on 2 May 2024, then with the LTR visa you have no reporting requirement until May 2025. If you have any doubt about this please check with the LTR unit itself.
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2 hours ago, SHA 2 BKK said:However, in the case of re-entering the Kingdom, the report will be due in 1 year from the date of the latest arrival.
Thanks very much for digging out this announcement to clarify for @Presnock or anyone else who might have missed it. I've been told the same in person, by email and in foreign chamber presentations. If you leave the country during the one year period, the clock for reporting starts over. I've had an LTR visa since Oct 2022 and have not been required to file an annual report because I do travel outside Thailand from time to time.
If anyone still doubts this is the case, please go ahead and make the annual report - can't see any harm in doing so, and maybe the LTR unit will clarify for you that it's not necessary if you have left the country during the past year.
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43 minutes ago, SingAPorn said:After all the hassle and red tape asking for extra documents, let's assume one gets the LTR P visa retiree.
But despite the 10 yr LTR stamp given on passport, it seems that the length of stay is to the discretion of the immigration boy on arrival who is free to put what he feels is an acceptable period of stay per trip. Read of reports in AN from LTR visa holders being asked to produce this or that document on arrival at the airport and given duration of stay only during the validity say of the health insurance produced. (that is for those who did have it). What if one only wants to say say 4 to 5 months per yer and already has a return ticket date reserved, Obviously more cost as one will have to keep the ticket open to change dates if on arrival the immigration fellow makes a fuss and puts some absurd period of stay stamp.
At the end of the day it's not worth the hassle for the winter birds as one remains at the mercy of the immigration staff on arrival at BKK airport. Not to mention that the process to get the visa is a long journey of hassles, extra documentation, fuss made on details...totally absurd as most of the candidates for retirement own property and do bring in money and spend in Thailand. Better of to spend elsewhere.
For the winter birds, far better to either go elsewhere in Asia or to choose another type of visa. LTR makes one feel that one may be above the hassle, but ultimately it's just a huge amount they take and not worth it.
Please post links to these reports in AN you say you've read of LTR visa holders being stamped in for shorter periods than they have been given permission to stay. Never seen any sign of that myself. Even if this happened in the very rare case of an error, an LTR visa holder would only need get the stamp corrected. They need not change a ticket.
And what is this "huge amount" you say "they" take? Could you be confusing LTR with the elite card?
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18 hours ago, wordchild said:
great point, this whole situation is, very much, in flux.
the UK domicile rules are currently undergoing consultation pre new legislation, which may or may not be enacted by the current government.
In any event , i think it is likely that there will be a change in the definition of domicile to one which is based on time either resident or NOT resident in the UK.
I think the advice to wait , rather than implement a new series of arrangements is a good one.
I suspect, that whichever government finalizes the legislation , UK citizens who have been non resident UK for a significant number of years , will find that they are deemed to be non domiciled in the UK.
Agreed. Many cross-border tax rules and laws are changing, and with increased transparency and reporting, so is the level of enforcement.
Even without change, I'm also really skeptical about the claims that have been made about the initial tax advantages of products aggressively marketed or sold in offshore tax havens by unregulated expat salesmen calling themselves "IFAs." Often there was no real benefit to start with.
And even if another tax jurisdiction initially allowed a tax benefit, as you note in time this can change or the existing rules can suddenly be enforced. Years ago expat Americans were being sold investments wrapped in offshore "insurance policies" in the likes of Isle of Man, Jersey, Guernsey, etc. At first I think these largely got by the US IRS with Americans either not reporting them at all, or treating them on their annual tax filings as if they were the same as US insurance policies. Eventually there was a ruling and these policies were clearly disallowed as not meeting the requirements for the claimed tax benefits. Yet there is still an overhang of American expats with these types of unreported offshore "investments" unfortunately. Eventually they may be subject to significant penalties as the IRS starts to get more aggressive with its audits.
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6 hours ago, Richard007 said:
I’m happy to report that I received my Notification Letter for Qualifications Endorsement, exactly two weeks after I filed the application online. Since I am currently in the U.S., the next step for me is to apply for an e-visa at the Royal Thai consulate here in the U.S. I created a draft e-visa application and am not sure how to answer a few questions.
The application asks for my arrival and departure dates. Right now, I do not know the exact dates as I have some other traveling to do before I can get to Thailand. Can I put estimated dates on the e-visa application? Is this something that airport immigration in Thailand cares about, i.e. do they look at your plane tickets to confirm the dates match what’s on your e-visa application?
As of now, I have not booked a flight or accommodation for my arrival into Thailand but these appear to be required entries in the e-visa application. Any suggestions on how to address this? Again, does airport immigration compare this information against the e-visa application?
Regarding the required document indicating current location, is a current bank statement which shows my address in the U.S. acceptable?
FYI – I did send these questions to the Royal Thai consulate but have not heard back yet, so I’m curious to hear what others here did for their e-visa.
I received my initial LTR e-visa from the Royal Thai Consulate in NY and had similar questions during the application process. In that case I had a one way ticket to Thailand in November 2022, and no return ticket, and asked the NY Consulate on FB messenger how to fill out the application. They responded very quickly: " Hi, Please fill out information as is stated on your ticket. In the case you have only one way ticket, please fill out the estimate intended departure date from Thailand." In the end when the visa was granted the dates were Oct 22 - Oct 32 - so no relationship with my existing ticket. So my best guess would be estimated dates should be fine. And if you'd still like to get it straight from the Consulate, give FB messenger a try. They've been really prompt at answering that type of message in the past.
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37 minutes ago, noobexpat said:
As you won't understand what this actually is, its just the unused transferable nil rate band allowance being made available to a non dom spouse on 2nd death.
yes, and well done noobexpat. why wouldn't I understand?
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37 minutes ago, Mike Lister said:
I agree with Misty, before travelling the higher risk path, the op will be better served to confirm whether his domicile is moveable or not. But the issue of domicile is a minefield and very complex, as Lord Denning famously wrote, "domicile is not a raincoat that can be discarded at will"!
"There are three main types of domicile: domicile of origin, domicile of dependence and domicile of choice. You may also be ‘deemed UK domiciled’, irrespective of your actual domicile". It may not be difficult to change two of the three but the domicile of origin is immovable. Whether or not this will be adequate for his needs is another story, but it's worth putting in some effort to find out because the risks of his offshore IFA's shouldn't be underestimated. The registered IFA's mentioned in Guernsey, IOM and Mauritius, may indeed be capable and regulated, which is great for people living and receiving advice in Guernsey, IOM and Mauritius, which doesn't include the op!
Interestingly, @MrBanks there is also another option in the Deloitte link for your wife to elect to be considered domiciled for the purposes of IHT taxes, "which would enable you to transfer assets to her free of IHT." And this election apparently can be made after your death and even backdated.
From the link: https://taxscape.deloitte.com/article/inheritance-tax--non-uk-domiciled-spouses.aspx
"Non-UK domiciled individuals who have a UK domiciled spouse or civil partner can elect to be treated as domiciled in the UK for IHT purposes only (i.e. not for other taxes such as income tax or capital gains tax). This enables assets to be transferred between spouses or civil partners free of IHT....Elections can be made by the non-UK domiciled individual either during the lifetime of the UK domiciled individual (a ‘lifetime election’) or following his or her death (a ‘death election’). In either case the election can be backdated to apply from an earlier date and so any gifts which were made from the date specified in the election should benefit from the uncapped spouse exemption available to UK domiciled couples. "
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5 hours ago, MrBanks said:
I was absolutely amazed, when I learnt that if a UK citizen was married to a non UK citizen, then if the UK citizen dies first, the spouse does not inherit tax free.
According to Deloitte, that isn't necessarily correct: "The spouse exemption is unlimited if neither of the spouses or civil partners is UK domiciled." Your spouse is not domiciled in the UK, but it is possible that you aren't domiciled there either. The concept of domicile is not the same thing as being a citizen. You say your home is in Thailand and you are not going back to the UK. That is the definition of nondom. So UK inheritance tax may not be an issue at all.
https://taxscape.deloitte.com/article/inheritance-tax--non-uk-domiciled-spouses.aspx
So before signing up with the complex structure you suggest with an unregulated IFA in Thailand, you may want to check into whether or not you are considered to be domiciled in the UK.
Perhaps @MikeLister can weigh in too.
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1 hour ago, Thalueng said:
For partial usage of your house, car, etc. make a rental agreement between you and the company. For items purchased privately sell them to the company after purchase. You cannot claim VAT, but then most sellers on Lazada and the like will not issue a "tax invoice/receipt" for the sale unless you pay 7% on top which means they also do not pay VAT.
But then you'd have to claim the rental income on your personal Thai income tax return, no? Unless I misunderstand it sounds like you'd be writing it off the company's expenses (corporate tax deduction), but then reporting it as personal taxable income.
Another way: get two rental agreements with your landlord - one for the company, one for you. Pay them separately, and get a Tax Invoice Receipt from your landlord for co's expense. If needed have your auditor review and approve the split between the two as being reasonable. (The company could also pay a portion of other expenses like electricity, etc.)
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11 hours ago, jakow said:
Man, I could've googled this for hours (more than I already have) and not have gotten this useful of info. Thanks again!
You're most welcome. You can ask for a ใบกำกับภาษี (Tax Invoice/Receipt) and vendors should know what you want
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9 hours ago, sabaiguy said:
LTR and TM30
I received my final approval today and instructed to schedule my appointment. I have a question for those who have actually gone through the appointment process. Do you have to provide a TM30? I asked BOI but don't think they quite understood me. They just responded with the general requirements for a TM30. I have been coming and staying in Thailand (for various lengths of time) for the last 25 years. Stay at my house (owned by my wife). I have never done a TM30 and never asked for one. In fact never heard of it until just a few years ago. Haven't done one on this trip. So anyone who has had their appointment, did you need the TM30? I have been in Thailand for almost a week. Can I still get one if necessary. Was thinking of getting one as soon as the LTR received. Very much appreciate anyones personal experiences.
I've not been asked for a TM30 by the LTR unit or any time while at Chamchuri. Not sure who would ask for it, but if you can get one it probably can't hurt to have it on file, just in case.
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5 hours ago, jakow said:
Thanks @Misty! That's really helpful info. So it sounds like you can't really claim partial personal/business expenses here, e.g. 50% of the internet at the house is used for business purposes and 50% is personal, since (I'm assuming) you couldn't get True to provide a tax invoice for 50% of the bill.
Would this tax invoice/receipt be a template type document that I would print out beforehand and bring along with me when purchasing things, and the merchant would just fill in the blanks? I guess for certain larger expenses we would need to go back to the merchant we purchased from in 2023 and have them fill out the document. Most things are ordered online so that's a bit difficult, however recently we've set up our accounts with the business name so next year we shouldn't have any issues.
I really appreciate the info!
I carry a small piece of paper with my company's info in my wallet to give to any merchant I've not done business with before so they can copy the info into their format. Many vendors/merchants have saved our company in their system by its business phone number so they just call it up and print off the official receipt. Others (usually restaurants) will hand copy the info onto their own receipts.
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47 minutes ago, Chetzee said:slightly off topic , but once a business has been set up and registered , have users found it fairly straight forward to get a business bank account ?
My experience is dated from 20 yrs ago, but it was a bit of a catch 22. In no small part it will depend on the bank and the branch manager. I first tried KBANK the bank I'd had my personal accounts at for years at that point, and they wouldn't open a business account although the business was set up and registered and the initial capital was sitting in my savings account with their bank. This was because I no longer had my work permit from my former employment, and I didn't yet have a work permit for my new venture. I couldn't get a new work permit until the new business was capitalized - so catch 22. Went across the street to BBL, and was able to open the business account immediately. Wrote a check off my KBANK account and deposited it in the new BBL account. BBL has been our corporate bank ever since.
Others may have more recent experiences.
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37 minutes ago, jakow said:My accountant is saying things about tax write-offs for businesses and I'm hoping someone can confirm if what she's saying is accurate, or if we need to find a new accountant. Basically what she is saying is that you cannot write off anything unless the receipt shows it was purchased for your company. For example, if you buy something for your business on Lazada using your personal account, you cannot write-off that expense for your business. You need need to set up your Lazada account to be a business account so the invoice shows your company name. The company is ran from a home office, so she says we cannot write-off a percent of our internet and electric bills, because the accounts are personal/home accounts and not business accounts. If clients come into town and we take them to lunch for a meeting, and we scan a QR code to pay using our personal banking account, we cannot write that off because it's not from a business banking account and we don't have a bill showing the company name. Is that accurate for how tax write-offs work in Thailand?
Hi, I've run a business here for c. 20 years. To credit expenses to our company, our accountant needs a "Tax Invoice/ Receipt" that includes certain information about the company. Usually this is the full name of the company, if it's the head quarters office or a branch office, the company'sThai tax ID number, and the registered business address. You can pay for items on Lazada with your personal account, but you would still need the Lazada seller to provide you with the Tax Invoice/Receipt. If your company's official office is listed at your home address, your accountant may agree to allow a portion of certain expenses to be used as business expenses but you will still need to get a Tax Invoice/Receipt from the provider (ISP, utility, landlord, etc) made out as suggested. Same goes for a business lunch with clients - you would need a Tax Invoice/Receipt from the restaurant made out to the company with all relevant information.
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BOI LTR important to maintain qualifications
in Thai Visas, Residency, and Work Permits
Posted
No, that sounds like something new. Interesting, I hope those folks are helpful! It sounds like you don't pay them, which is good.
I first did a pre-application in Aug 2023, then formal application in Sep 2023. Then switched LTR visa type in a complicated process in 2H 2023 (Change in qualification for LTR HSP made that one financially much better). No videos or people calling themselves "BoI lawyers." Lots of calls, emails, and some in person visits though.