jerrymahoney

OK I missed that on IRA. Why is it bad news?

ARTICLE 20 Pensions and Social Security Payments Article 20 deals with the taxation of private (i.e., non-government) pensions, annuities, social security, and similar benefits. Paragraph 1 Paragraph 1 provides that private pensions and other similar remuneration paid in consideration of past employment are generally taxable only in the residence State of the recipient. The phrase “pensions and other similar remuneration” is intended to encompass payments made by private retirement plans and arrangements in consideration of past employment. https://www.irs.gov/pub/irs-trty/thaitech.pdf

Yes and from PwC: Individual - Foreign tax relief and tax treaties Last reviewed - 12 July 2023 Foreign tax relief Foreign taxes cannot be taken as a credit against Thai taxes unless permitted under a double tax treaty (DTT).

Thanks Mr. Australia.

Fearmongering is when you enjoy getting a rise out of someone for something you post that may or may not be correct.

All I will say is that IRA is not specifically mentioned in US-Thai DTA technical manual. https://www.irs.gov/pub/irs-trty/thailand.pdf Personally, I will only be taking minimum required distributions from IRA as it is available as payable-on-death no probate to my Thai wife.

All my income qualifies under Article 20 US-Thai DTA and cannot be taxed in Thailand.

20 years full-time in Thailand including 16 years on extension via retirement 65k/month method and I have yet to file any tax return. Obviously only 3 years so-far on the full bank account detail method -- via US Embassy affidavit prior to that.

Well non-state employment related pensions are on the US-Thai DTA as I noted in case some Yank was casually reading this and not aware of the minutia. But as long as there is some hiatus here, I would just like to note I have been on the receiving end of 2 doomsday scenarios: 1. Immigration Officer: "You farang -- you have retirement income of 65k per month. Show me your Thai tax return for your visa extension of stay showing that you paid tax on income of 65k monthly. 2. Be careful mate. That will bring you to their (RD) attention. ... and it is always better to not get noticed by any Thai Govt person or office. I wish you scaremongers were better coordinated.

He was also referring to non-state pensions.

Early morning edit: Private employment related pensions is 1. in US-Thai DTA.

See 3. (click jpg to enlarge)

Halloween is coming up -- is this your practice?

Thanks for that.

Yes it seems you went to the RD to ask about your particular situation. I may go to the local RD office here and do the same rather than waiting for the lawyers and chartered accounts to offer their "it depends" opinion.

Yes I read the BP opinion peace this AM: It clarifies that the those retirees, among others, need clarification of double taxation and other issues so they can make their plans on the government's forthwith clarification among other issues that need to be clarified.

So sometime next year I maybe will take me Social Security statements and my Thai bank statement showing that 100% of my deposits are covered by the SS to the local Thai RD office and ask: Do I have to file?

So if e.g. you receive 50,000 baht per month in US Social Security and that is 100% of the money you transfer to Thailand as a monthly deposit in a Thai bank, there is no need to file a Thai Income tax form.

Well if you are saying you have bee advised by RD officialdom, that for Article 20 DTA items, as they cannot be taxed by Thailand at all, and there is no need to file especially if such items are 100% of your Thai income, .. that is great info to hear.

The DTA doesn't say whether you have to file to declare income as under DTA. It also doesn't say that Thailand cannot make you report the income and then apply for the exemption. Unless somewhere there is a line of the form that says report income that is subject to DTA. As per the DTA Social Security could not be taxed in any manner.

There are current forms and guides available on this page. Last updated: 08.09.2023 https://www.rd.go.th/english/27934.html

I like this -- is there any hard-copy reference?

Sure. But after you and Ms. Lek have had your fun, Ms. Lek does not stamp and sign your passport.

In the linked OP Nation article it says: "The complainants said the evidence and the statement used to file charges against them had been obtained illegally by the senior officer, who was appointed deputy chief of the investigation committee." so at least currently the 48 Khon Kaen officer complainants are only objecting to the provenance of the evidence, not that the evidence is bogus.

That should be 1. not 3. -- click on any jpg to enlarge.