chiang mai

You're just trying to cause trouble, make upset and make something out of nothing. You found the expert package at 26k but ignored the first one on the list that costs 8K. You also chose to ignore the following: We are authorised and regulated by the Thailand Federation of Accounting Professions (TFAC) Shame on you! https://www.expattaxthailand.com/services/essential-tax-filing-service-for-expats-in-thailand/

Give it a rest, the services start at 7k baht as I recall but there is a top of the line option, which you've shown. You gotta be fair about this neeranam.

Feel free to go on a ramage if that's what turns you on, I think you'll find the business is kosher and owned by Thai CPA partners.

I've already reported confused 26 emoji's in three minutes, I hope this is not you again YT!

I'm pretty sure you will find that they are licensed as financial and tax advisors, he has been in Asia for a long time and is not unsucessful.

Do try and keep up YT! The earlier discussion was about a foreign Thai tax resident who made a remittance to his Thai based wife, from his overseas account and whether or not his remittance was assessable on him, because he owned the funds in Thailand, until they were deposited into his wifes account. Sooooo, no, physical location of an individual is not totally irrlevent.

I understand that most of the complaints are aimed at a single expat tax advisor who is well known to AN members and who has a very poor reputation in the community. It was the American tax guy who said in a video that everyone should get a TIN, that's who I'm pretty certain the lawyers comments are aimed at. ExPat Tax and Carl Turner is one of the good guys, again, the information they have provided has been invaluable.

He is part of a Thai based tax advisory service that produces videos and webinars on tax, his material is actually very good. I understand that the company he works for is Thai owned and that the owner is a Thai CPA, presumably he has a work permit, unsure.

....it's also about remittance, which depends on where you are when the remittance is made, as in the case of the recent discussion.

I don't know the answer to that and couldn't realistically begin to guess, sorry.

The Gift Tax rule allows gifts to assessendents, descendants and others, marriage is only one part of the picture.

I think the process is that TRD can make their own assessment of how much tax you owe for any particular year, based on their estimate of what they see. Their assessment is open to challenge at Tribunal but that forces people to file a return. If their challenge fails, they owe the estimated amount, plus interest, plus penalties.

Solely my opinion is that being not resident in Thailand when the gift is made, probably is the safest but that's more about intuition than anything else.

I have always agreed that anyone using the Gift Tax rule should seek professional advice, the question is, where best to obtain it. There is anecdotal evidence that even the large tax firms are unsure/confused/uncertain about the correct application of Gif Tax rules, much of it appears to be belt and braces covering every possible angle. Maybe that's the right thing, I don't know. The problem stems from Gift Tax being the domain of the wealthy and the subjective views of different offices and the degree to which influence can be brought to bear. All of which goes some way towards explaining why the safest route is to make the gift overseas and allow the gifter to make the remittance.

Yes, that's better, that would constitute an overseas or offshore transfer or gift which would remove the gifter from the tax equation. I can't be certain however about the fact the gifter was both Thai tax resident and physically resident in Thailand when the gift was made or whether that affects things. For it to be certain and squeaky clean, the gifter would make the gift whilst overseas.

Yes, but the concept of government pensions being exempt, applies to many countries so the same principles apply.

No, what's sad here is that for the past six months you have challenged almost everything I have said, in addition to being convinced that I am the reincarnated Lister and conducting a smear campaign to convince others of your beliefs. You are obsessed with refuting anything I say and you grasp at straws, be it on the subject of Gift Tax, Capital Gains, Rental income or anything else....you need help. Now please, be a good chap and put me on ignore or simply go away.

Well good luck with it, let us know how it turns out for you! I asked you to provide proof from an independent source or quote the relevant TRD Code section and all you could do was post another thread that YOU deem to be expert professional advice..... you might as well have posted your holiday snaps for all the good that does! We're done . PS don't forget to leave your ritual sad emoji.

Really? If that inbound remittance, en-route to the giftee account, is not owned by the gifter (which clearly it can't be), who owns it, Mr Intransit! Funds remain owned by the sender or the receiver, custody many change but ownership of the funds doesn't change, just because a service is being used.

One more thing: If Gift Tax does indeed transfer the tax liability of assessable gifted income (subsequently negated by Gift Tax rules), why is gifted income not regarded/listed as exempt income on the tax forms or in the TRD Code....a rhetorical question of course!

But what about when that Government Pension is below the level that it could be taxed and the net effect is tax free? My US SSc is below the level of US tax so I can't show tax paid on it and the DTA says it is tax free in Thailand.

A useful reminder of what the Gift Tax law is and why: The Gift Tax Law in Thailand encompasses various regulations enacted under the Thai Revenue Code (the “TRC”) within the provisions governing Personal Income Tax, and was amended in 2015 (B.E. 2558) to address the issue of individuals attempting to evade estate tax obligations by transferring their wealth before they pass away. According to such regulations, receiving assets from another person is classified as taxable income under Section 40 (8) of the TRC. As such, individuals who receive assets from another person must declare their taxable income in their personal income tax return. This requirement also extends to non-Thai residents who stay in Thailand for more than 180 days. https://www.nishimura.com/en/knowledge/publications/understanding-the-regulations-and-Implications-of-thailands-gift-tax-law

NDN is entirely correct on this point. The remitted funds remain the property of the remitter/gifter, until they are deposited into the giftee's account, the giftee HAS to take possession before the gift is considered to be made. If the giftee's account is in Thailand and the remitter/gifter has remitted assessable income to that account, the gifter remains liable for tax on that remitted income, no matter that it is owned for 5 nanoseconds or five years. The assessability to tax by the receiver of the Gift, IS A SEPARATE ISSUE that is covered quite clearly by TRD Gift Tax rules. Were the Gift made outside Thailand, the tax status of the giver of the gift would not be an issue. If the receiver of the gift were to remit the gifted funds from overseas, to their own account, the remittance might initially come under scrutiny for assessment, but could be avoided and explained by declaring it as a gift. There is no issue with the Thai tax implications of receiving a gift, the Gift Tax rules explain the potential liabilities and benefits to the giftee quite well. The only issue is with the tax status of funds that are remitted and of the person who remits them. If the remitted funds are not assessable, there is no issue. If however the funds are assessable, the concept that transferring them to another person, also transfers substantial tax liabilities on those funds, which are then negated by Gift Tax rules, is alien. The concept is such a massive loop hole that its potential for abuse is sufficient to negate the Thai tax liabilities of any Thai tax resident with overseas income. Thai tax residents owning rental property overseas would no longer need to file Thai tax returns twice a year to declare rental income and pay Thai stepped tax rates on that income. All they would have to do is to remit the rental income to another person and claim it was a gift. Capital Gains realised overseas could be remitted to third parties at the rate of 10 or 20 million baht per year, based on their relationship and no Thai tax liability would arise, because it was claimed to be a gift. Freelance untaxed income, earned overseas, could be remitted to another person in Thailand and the income would remain untaxed, because it was a Gift............none of those things are a credible or viable scenario.

Under 20 mill. it is untaxed income, income of the gifter, what is so difficult for you to understand! We're done here, go argue with somebody else.

It's not me that needs to provide proof that assessable income, when remitted, is subject to tax assessment, that is fact. Any proof that it isn't assessable to tax, when remitted to a third party, needs to come from those who believe that. The tax law in many countries is littered with proof that taxpayers cannot escape tax by simply remitting oncome to third parties, some explicit, some implicit, were that not the case, evasion on a massive scale would prevail. The paid professional opinion I have read on these pages has been full of holes, albeit I have rarely said so at the time.........the paid professional advice on this subject is wrong, has been relayed incorrectly, misunderstood or whatever. If you have no proof to substantiate your opinion and instead want to continue playing bat the ball back and forth, count me out of explaining the things over and over again.