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NoDisplayName

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  1. You're almost there. This is covered by your DTA, not paragraph 25, which applies to Thai social security income. Harry receives $3500/month US social security. Let's say he pays $500 in tax and remits $3000/month to Thailand. That remittance is tax exempt by DTA. He doesn't need a tax credit, nor a claim on paragraph 25. Thailand can't touch it. Me? If I collect, I get a measly $1000/month and pay no tax. As that's my only income, I don't even have to file a return. I'll remit it all to Thailand, but I'm not worried. It's exempt. No matter if its not taxed, and I haven't paid tax so would have no foreign tax credit. I'd be over my TEDA for assessable income, but I don't need to file. I don't even need a TIN. And paragraph 25 still wouldn't apply. Thailand still can't touch it. When Trump makes good on his promise to abolish tax on social security benefits, the DTA language will still be there. US social security will remain exempt, not taxed anywhere. And paragraph 25 will still not be applicable. Thailand better not even look at it sideways, or tariffs will rain down bigly! But what of poor Victor V. from the Kingdom of Latveria, which does not have a DTA with Thailand? He receives Latverian social security of $5000/month, but the meanies at the LRD withhold 50% tax. He remits his $2500/month which is fully assessable and taxable by Thailand. Without a DTA he doesn't even get a tax credit. He pays tax. Paragraph 25 does not apply. Works the same for other types of income. My wife has a Schwab account holding mutual funds. As a non-resident she pays no capital gains tax in the US. When she remits her gains to Thailand she pays tax on the gains as ordinary income. Paragraph 23 excluding "Income from sale of investment units in a mutual fund" does not apply. As above, only applies to Thai income.
  2. I find it hard to understand that you don't understand. You are citing an exemption in a paragraph in Thai tax law that applies to the Thai social security fund and claiming, apparently because the translation sounds like a foreign social program, that it also applies to foreign funds. I am citing the same paragraph, citing similar exemptions for Thai sourced income, as evidence that the exemptions in that paragraph do not apply to foreign sources. That's it.
  3. That was just an example. Point is, all pension goes into this separate account, money from that account moves to Thailand. You can trace its location throughout the year, and can prove it. As to your gold coins..............didn't we hear that personal assets in the home country sold and cash remitted is not taxable. They used examples of cars and expensive watches and I think jewelry, also. Maybe track down what that rule was being referenced, maybe your stamp and coin collection would fall in that category.
  4. If you have your pension going to a dedicated bank account, which is sent to your Thai bank monthly, you would have a paper trail showing that specific bundle of money was remitted. The remainder would be the savings. Just my thought. Seems logical, but TiT.
  5. Refund? What refund? That paragraph is listing assessable income streams that are exempt from tax. Nothing about double taxation or refunds. I can pull tax-free money from the US, and according to you is also tax-free in Thailand. We buy a small family rice farm, and with subsidies and rebates and credits, we're squeaking by barely pulling in a $quarter million profit.......currently at zero tax. All of that can be remitted tax free to Thailand. Or we can take a real life example.........my wife and I file joint, with standard deduction and 0% capital gains bracket, we can earn ~$120,000 in capital gains from stock sales in the US with ZERO tax due. You telling me that's tax free if remitted into Thailand? Of course not. Those exclusions in that paragraph are solely limited to Thai situations. Thailand provides special subsidies to Thai rice farmers, Thailand does not tax gains on sales of Thai mutual funds and SET registered stocks. Thailand does not tax benefits from the Thai social security fund. I hope this post helps you to understand.
  6. So under the same paragraph, 15) Income of a farmer from sale of rice cultivated by the farmer and/or his family. I just found the bestest loophole! I can buy a rice farm in Mississippi, then all my income from rice sales will be exempt from tax. "Well, gosh, yer honour, it just says rice, it doesn't say Thai rice!" Or for the lazy folks, there's 22) Income from sale of investment units in a mutual fund. Another great loophole. My US brokerage capital gains from mutual fund sales are now fully tax exempt!
  7. The comment on social security was the claim that all social security benefits are not taxable under paragraph 25. That only applies to the Thai national fund, noting the wording Compensatory benefit received by the taxpayer from the social security fund under the law governing social security. That's the Thai social security fund under the law governing Thai social security. As to pensions, I believe they are normally considered assessable if remitted, unless otherwise exempt by DTA, royal decree, or specified law. There are reports of local TRD officials telling foreigners one thing, and other TRD officials telling them the opposite. "Some guy said a thing" is not always the best reason to believe the thing around these parts.
  8. No worries, Hunter and other family members have received a full pardon.
  9. It's only illegal if "they" do it. When we do it, it's for democrazy 'n sheet, yo.
  10. If the IO reset your 90-day, you should have a new receipt stapled in your passport.
  11. No English forms available for 2024. File online using Thai forms only. Note that 2021-2023 English paper forms did not have the year at the top, just a blank line where you enter the year. I'm betting there won't be any new forms this year. But what do I know?
  12. That's not a tax return, it's an attachment to either paper return PN90 or PN91 to claim your exemptions and allowances. This is filled out for you by the system when you file online. ************** Hey! No fair changing the link after I responded! Now you've got the "derived from employment only" form.
  13. What documentation? Pre-2024 prior savings remittances are non-assessable, not taxable, not declared on the tax return. They are invisible to the Thai tax system. No statements are provided nor needed. The system is set up for the taxpayer to self-determine assessability and then self-determine need to file. Assume the taxpayer can document if requested. If for some reason you were audited and had transferred in ten million baht, you would only need to produce documentation if questioned about that specific transaction, or were asked to list your NON-assessable remittances. Why volunteer unasked-for information? PIT calculations only include assessable income. You're providing the TRD staffer the opportunity to make a misteak that could cost you money. Once they've decided, it's nearly impossible to get them to admit their error. So you would have to pay the tax and then appeal in tax court. I consider this my Thai Miranda rights........"You have the right to remain silent about non-assessable remittances. Anything you submit can and will be used against you in a court of tax." ***OPINION ONLY, NOT ADVICE. FOR EXTERNAL USE ONLY.***
  14. That PN90 would be considered the long form......(like the US standard 1040)......that covers all forms of income, "not only from employment." This is where you report interest and dividends and capital gains and rental income.........AND employment income. Think of the PN91 (3 pages vs. 5 pages) as the short form......(like the old US 1040-EZ)............that covers "only income from employment." This one is restricted to income "derived from employment," which would include work-related pensions.
  15. When you file online, you have a dropdown menu to select one of three years. If you file 2022 and 2023, you would file under the rules in force at the time............i believe. File 2024 according to the new interpretation of the rules now in effect. In reality, there is no change yet. All of these years require declaring current year assessable income, but prior year income is exempt. It's only in 2026 when filing a 2025 return that the change will be effective, as income remitted in 2025 but earned in 2024 will be assessable. I'm not taxspurt, so this may be incorrect. Confirm with TRD to be safe.
  16. Note that according to the handout produced by Chiang Mai TRD, you may have your salary certificate authenticated by the Thai embassy in Thailand.
  17. No problems with 3 late filings last July, or this year's filing a few weeks ago. I did get a request for marriage certificate (joint filing), and the bank withholding statement. Uploaded those yesterday. I expect a refund letter in a couple weeks.
  18. No. PN 93 is half year tax filing, PN 94 additional child allowance. https://www.rd.go.th/english/65308.html
  19. See instructions for PN90, page 39: No. 11 item 13. Withholding tax credit and tax credit for tax paid in accordance with ภ.ง.ด. 93 and ภ.ง.ด. 94 ~~~ Other items may also be used as a tax credit, such as: 1. Income tax that you have paid using ภ.ง.ด. 94 (half year filing). 2. Income tax that you have paid using ภ.ง.ด. 93 (advanced filing). 3. Dividend tax credit (only in the case that you have filled in No. 3 item 5. and item 6. The amount is the same amount in No. 3 item 6. Please add up all the creditable tax in No. 11 item 15. This amount will then be deducted from your tax payable in No. 11 item 14. You will have to provide documents to the Revenue Department to prove the amount of withholding tax. https://www.rd.go.th/fileadmin/download/english_form/2023/GUIDE_90_66_Complete.pdf I enter my info online, then upload my bank withholding statement, and my dividend receipts showing tax withheld. Withholding tax is refunded. (All Thai-sourced for me, of course)
  20. Three separate years, three separate returns. You can file all three anytime this year, but after March the 2024 will be late. Late fee is 200 baht, but is only charged one time. You can pay by bank transfer from within the online system.
  21. Sorry, I really can't help you with the paper form. I file online only. The paper form has only ONE field to enter taxpayer number (TIN of company that paid you) for all the possible income streams. Is there a section 1 extension page we don't know about? Do you have to file an entire section 1 for each payer? You'd have to ask at your TRD office. Section 11(13) does allow you to enter withholding tax from PN93, PN94, and the withholding tax from the interest/dividends income you claimed in section 1. (but NOT foreign tax withheld, if my reading is correct.) If you file online, you scroll to the appropriate dropdown menu, pick your income type, and a popup window appears that lets you enter "total received", "total tax withheld", and "taxpayer ID." I fill in that info in two popup windows for my bank and my broker. That withheld tax entered in the popup window is automatically deducted from 11(13) when filing online. It appears on line 13 on the version you submit. You would have to enter it there yourself on the paper form. This is where two TRD ladies reportedly deducted foreign tax paid on remitted assessable income. Whether that is legal or just a wonky workaround is an open question.
  22. That's all CRS does to us as individuals. We have to identify ourselves and declare any other tax jurisdictions we fall under. Uncle Sam's property has always had to fill out FATCA IRS forms. Welcome to the club.
  23. Have you tried to file online? Get your bank withholding statement, take a photo, crop the JPEG. Upload when you file. Refund letter you take to Krung Thai (unless your bank lets you link pink ID to your account for PromptPay) should arrive in a couple weeks. If you read Thai, filing should take you ten minutes. Twenty if you have to cut-n-paste into google translate.
  24. Yes, but now you're planning to intentionally file an incorrect return. What happens if your return is chosen at random for audit? How do you answer why you only declared enough of your remittances to be under the taxable limit? That would send up the red smart flags, indicate tax evasion, and would potentially trigger a 5-year audit. This fortunately is one of the few areas that has been clearly defined. Savings prior to Jan 01,2024 is non-assessable. There are questions as to how that would be interpreted in relation to brokerage accounts, but if you have an actual savings account with a balance shown on a Dec 2023 statement, you're golden. **OPINION ONLY, NOT ADVICE. NOT AN EXPERT**
  25. It appears that you have remitted ASSESSABLE income, subject to taxation in Thailand. Technically, you do need to file if over the 60/120K threshold, even if no tax due. Not same-same as @Sheryl, as her remittances are non-assessable. This is the second report of a TRD officer saying to use section 11, line 13 to claim a foreign tax credit. The other claimant doesn't even have a TIN so nothing submitted there. You also have not yet submitted a return claiming a foreign tax credit, and will NOT claim a tax credit as you have no tax due. If/when you do file, please return with a report as to whether your return included a foreign tax credit. And are you sure your pension is assessable? You'd have to read your DTA to find out. The solution, as has been the case for decades, is to only declare assessable remittances on your return. Taxation is an honour system, and the taxpayer self-determines what income is assessable. Thus no provision on the tax forms to deduct non-assessable income. **OPINION ONLY, NOT ADVICE. NOT AN EXPERT**
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