
chiang mai
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Everything posted by chiang mai
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Your common sense approach hasn't done anyone any favours so far, if anything it's been a massive distraction and given only false comfort. You argued aggressively for many months that there was no penalty for not filing - there is. You swore to members they don't have to file null returns and you ridiculed those that had filed - it seems millions of people do. You want everyone to follow your idea and only do things that make sense to you and you now think the clerks in TRD will go along with this, you also tell us that nobody has ever been fined blah blah. You're trying to create your own rules for foreigner tax operations here when clearly you know less about Thai taxation than many members. TBH Jim, if somebody wanted to get into trouble with the TRD here, they only need to follow your advice because it's a fast track certainty. You may know your stuff when it comes to US taxation et al but you really ought to back pedal when it comes to telling people how to manage their Thai tax affairs.
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Those responses should not come as amy surprise to anyone who has lived here for a while, even the bank branches and Immigration offices give different answers to the same questions, depending where you are and who you see. It has been widely acknowledged in many of the video's and interviews I have seen it said several times that TRD HQ has done a poor job of communicating to the regions on this point, and then of course we have Region to District communications on top of that and District to Branch as well. Typically, the closer you are to the center, aka Bangkok, the better your chances of getting the right answers.
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Thailand's Expats Urged to Register with TRD for Tax, Says Expert
chiang mai replied to webfact's topic in Thailand News
I have read that issuing Tax Clearance certificates was originally suspended following protests by the Embassies, who thought obtaining one was too complicated and time consuming. If that was true, it seems unlikely they will want to go down that same road again. Yet they may still want to enforce compliance with the tax laws and the visa process would be the perfect mechanism for that. If I was them, that's what I would do. -
I would caution against using common sense as a guide to determining your actions. I would want to be guided by the letter of the law and the written (not spoken) word, no more, no less. I think where people get into difficulty is when they try to interpret things and give themselves the benefit of the doubt, because it only makes sense.
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No, nothing has changed much, only peoples awareness and understanding of the issues has improved. An ATM withdrawal from an overseas bank is no different from a bank TT to your personal account. Whether or not TRD is looking at/going after such transactions in another story completely. Whether or not individuals should declare them on a return is not only another story, it's another library! If the ATM transactions in question were sporadic and intermittent, with low value, I would forget them if I were you. If the ATM transactions were daily and high value, I would declare them in heartbeat...assuming they were assessable funds. Somewhere in-between is you, you must decide where in-between and perhaps that will guide you.
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The SSc payments are free and clear but the business profits need to thought. Is that money income, dividend payment, a Gift, support or is it investment return? The way in which you classify those payments by your son determines their assessability. On the surface, I would say a tax return is needed, unless those funds are a gift.
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I think the following needs to be reinforced in some peoples minds, I have read where some people who are married think they are entitled use the 220k threshold......they are not! The assessable earnings thresholds are as follows: 60,000 Baht per year - tax assessable income that is derived from anything other than employment. 120,000 Baht per year - a single person whose income is derived from employment 220,000 Baht per year - a married person whose income is derived from employment. Most foreigners who live in Thailand but don’t work here, will be subject to the 60,000 Baht threshold on remitted assessable income such as pensions, rental income and investments etc.
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I've now very firmly changed my recommendation from, you must decide whether to file or not, to, if you are a tax resident and your assessable income is over 60k per tax year, you really should file. I think there is sufficient evidence that the TRD receives millions of null returns every year, I don't believe the matter is discretionary based on what you think or on common sense. I also don't believe that you can deduct TEDA and the tax free 150K from your income to see if you should file or not. I believe the criteria is, tax residency and assessable income, in excess of 60k per year and that's all. Others may disagree but that's where I'm at.
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It's down to you to decide what is your assessable income that has been remitted to Thailand, here's a link to the Thai Revenue Code, in case you have any doubts! The way in which you remit that income doesn't change its assessability, regardless of whether it is sent via a bank transfer, carried in cash, withdrawn via an ATM or flown in my courier pigeon, it's still assessable income. https://www.rd.go.th/english/37748.html
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Thailand's Expats Urged to Register with TRD for Tax, Says Expert
chiang mai replied to webfact's topic in Thailand News
You're paying to navigate the system and proving you owe nothing, something you may not be able to do yourself.