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Everything posted by TroubleandGrumpy
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If this goes ahead as it currently stands (not details) the pundits are saying that the interest you earned on your savings is potentially taxable while you are a tax resident of Thailand. The issue of when it is taxable - remittance - in that year - partial or fully when remitted - is all very complicated. Example - you live in Thailand 100% of the year and earn money from overseas assets - but you do not bring any of that money into Thailand in that year. The 'old' rule says you have no tax liability even though you are a tax resident. So people would bring that money in 1-2 years later - no tax. The 'new' rules means that those earnings you made in the past years you were a tax resident are now taxable - no matter how long later when you bring that money into Thailand. It starts as of the Thai Tax year 2024 - Jan 1 to Dec 31. Any earnings made overseas in that year are taxable in Thailand - now and in the future. But there is hope that they will make exemptions for long term retiree/married Expats (and others) on those earnings made in savings etc - but it will probably not be exempted from earning on investments (property, shares, etc.).
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That is a complicated question that no one here really knows the answer to in regards to the future change. Maybe you should ask an accountant/lawyer for advice - they will probably be able to give a reasonmable answer now - but until the Thai RD provides all the details regardiung this change, no one definitively knows.
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That is exactly what that the lawyer/accountant said to me would happen in the near future. He has been in Thailand for a long time (now a Thai Resident) and stated that many years ago that was the deal for all Expats, but now it is only applied to those Expats that work and earn an income in Thailand (employee or a business).
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Good Points. All Expats are potentially on their radar. If this goes 'pear-shaped' and Expat remittances are going to checked for applicable income taxation (and check if a tax return has been completed), then unless we can provide 'acceptable proof' (to Thai RD) that taxes have already been paid on all our remittances, then the Thai RD could decide we have to pay the applicable income tax in Thailand. I wonder who will they target first and nail to the cross - IF this goes ahead as it currently stands - as per the media reports and opinions publkished over the weekend. I cannot tell - is this a mountain or molehill??
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I think the perfect word for the opposite of “fearmongering” is something like apathetic or complacent. Apathetic, adj: showing no interest or energy, or unwilling to take action, especially over something important. Fear-mongers make a mountain out of a molehill, and apathetes make a molehill out of a mountain.
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My understanding is that under the DTA the 'tax paid' in the home country (the Home Contracted State) is credited against the tax due to be paid in Thailand. If no tax is paid (because tax free) then technically the tax has to be paid in Thailand. The DTAs were not made for Retirees living abroad - they were made for business operating in both countries, and the people who work in any businesses overseas, and those who invest in businesses overseas. That is why it is imperative that Thai RD provides exact details regarding how the Personal Income Taxes are to be applied for long term Retirees and Married people.
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Wow. What you said is exactly what worries many Expats about howe this change is going to happen. Lets hope they back down and this is not implemented that way. But if it is implemented that wau, it means that not only will my 'private' money I earned/saved years ago be taxed - unless I can 'prove' it was already taxed (not possible I am sure), but also my Govt pension - because the Aust Govt does not tax a pension payment - it is tax free. I agree about what you stated regarding their move to do exactly what screwed up our societies - looking after the poor and disadvantaged by throwing money at them. I know - because that is a 'black hole' of tax money wastage - both the target people and the all public servants administering the programs. Plus I can see any future MFP Govt doubling down on this social safety khrapp and even more new taxes being paid by Thais - and including Expats. Lets hope they get such negative feedback that they back away from taking the road to progressive disaster.
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I sure hope this Thai Govt does not think they should do the same. I know a little bit about German's 'tax system' and they are the 'worst' in Europe - extremely bureacratic and very fragmented. You would think that they are so 'organised' - you know making cars, machines, and being so 'German' - but no - that is not how their Govt organisations are. They are very authoritarian - but they are not very organised and efficient. I was told many decades ago that the two worst people to run an organisation were Salespeople and Engineers. The Salespeople would make the company go through a series of booms and busts, because they are always chasing a new deal and not making things work well. But the Engineers would implement and reinforce rigourous 'quality controls' over all the organisation's systems, such that over time no one would be able to do anything without changing the whole system - that is the German bureacracy today. A decade or so after getting that advice, I witnessed first hand the takeover of many organisations by the beancounters (accountants) and realised they are just basically just 'money engineers'.
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Thanks for that post - lost of good information. As with all tax depts worldwide they will not tell you how to 'reduce' your taxes, but they will nail you if you avoid them. That tactic could work in a rational rule-based country, but it will not work here. And this is something that everyone needs to hear about - Thailand is NOT a rules-based society. Saying 'but that is the rule' means nothing to any Thai who has been told the rule is applied 'this way'. So if that tactic is found out about, the Thai Officer will (and can) decide that the Expat was deliberately avoiding taxes and hit them with a bill and fine. Good Luck getting his/her Superviser to reverse that decision. Good Luck appealing against that decision. In fact Good Luck challenging anything any Thai RD Officer decides is the rule. Not only will an Expat not win, it will cost them money to find out that they cant win. That is the legal reality of Thailand for Expats - you have very little if any legal rights. Now if an Expat has the ability to get a wife/friend to sit down with that Thai person and talk it out and through and do what is needed 'the Thai way' then that Expat might have success. But if an Expat quotes the rules at an official Thai person and think that the rule matters - they are very wrong.
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That is one of the potential problems in this new rule - but we all hope that is not the case. The vast majority of Thais do not lodge an income tax return - same with most Expats. Clarifications are coming - but untiul then it is a worry - despite what some Expats are saying here. Thai Government to Begin Taxing Foreign-Sourced Income as of 2024 - The Australian-Thai Chamber of Commerce (AustCham) (austchamthailand.com) We all have to wait and see - we all have diffrent financial arrangements - hopefully before next year.
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Yes and No. The only reason a tax dept anywhere will request that information, is because they have started an investigation. Whenever they 'check' someone out it commences with a file/reference - it may continue and it may not - most do not. How that request is made is already in place - electronic request using approved forms and authority etc. Somchai in Thai RD cannot just call XYZ bank and get your tranfers. Some people need to read this - about USA but applicable everywhere in the world. All international transfers are recorded - under International Laws. Sending international wire transfers over $10,000: full guide - Wise
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Wait - Hopefully the Thai RD will clarify any exemptions and details soon. At the moment the new interpretation does include ALL foreign remittances into Thailand. That does not mean that they will be taxing you/I - it means that money could be taxable income. Good article in a newspaper online Postreded in Bangkok today covers the current situation very well. I recommend you read it and then wait to see how things develop.
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Mike - in one post you say you do your tax returns in Thailand. Does that mean you are a Resident or a Citizen? I only ask because a Resident is not the same as a tax resident. That is a fact and I cannot understand how you cannot accept that. A tax resident in Thailand does not need to be a Resident or a Citizen of Thailand. Maybe you should ask a lawyer. PS - I am many others are very keen to see that 'advice' you received from Thai RD.
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Firstly - the USA has a different arrangement with all other countries than anyone else, and enforces those rules strongly, and everyone complies. US citizens are liable to pay income tax to USA wherever they reside in the world. Secondly - has the Thai RD stated that the current situation will not change in any way after Ja1 2024 and the 2025 taxation returns. Thirdly - I have said many times in past posts that DTAs are different for everyone else than the USA who does not 'allow' its citizens to be taxed overseas, except under specific situations (individually approved).
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Under the current tax enforcement rules, Thai tax residents (Thais and Foreigners) are only taxed on money sent to Thailand, that was income in the same year it was remitted into Thailand. This was a rule exploited by wealthy Thais and Companies to avoid income taxes. It was also under that past 'common practice' that the Thai RD operated, such that as far as they were concerned all Expats retired or married (not those working) were 'accepted' by the Thai RD as not having any income tax payable in Thailand. This change means that is no longer 'technically' the case. Thailand claims to be following common international practice, but in all countries where this is applied, there are clear guidelines and exceptions which apply for a mutlitude of situations. This has not occurred in Thailand and there has not been any explanations, clarifications or exemptions provided for anyoine and any situation. Ergo (technically) this means that all foreign remittances into Thailand are potentially taxable income. This new directive (technically) applies to all Expats, unless and until the Thai RD specifically excludes our foreign remittances into Thailand. If there is no exemption or clarification given for retired/married Expats, then at the worst we will be getting taxed on any non-excluded remittances, and at the best we will be required to lodge a tax return and 'claim' back taxes paid under applicablke DTAs, but without being given details or explanations as to how to do that and how proof can be provided and what is acceptable for each of the 61 DTAs in place (and on a personal note - I am reminded of a movie - Good Luck). While day to day life of retired/married Expats will probably not be affected, it will certainly affect any Expat considering remitting any large amounts of money into Thailand, such as to purchase a new car or even a property. The Thai RD has not clarified how any Expat would be able to prove that income tax is not liable to be paid in Thailand on those large remittances into Thailand. And then it becomes a matter of fairness and rights. If the long term Expats are required to pay income taxes, what exactly will they get in return. Will they no longer be treated as second class, will they continue to have to report every 90s days, TM30s, annual renewals, leaving and re-entering. Will they get any of the Govt services provided to their fellow Thai tax residents, such as the 'We Travel Schemes', the Hospital Services and Benefits, will they get the next 10K Baht handout, and will they get any of the other things provided for Thai tax residents by the Thai Government, Provincial Governments and all the local Amphurs. That above sums up my position - take it or leave it - up to you. Personally I will be waiting and watching - and also looking where to 'jump' if it does come to the Thai Govt trying to impose income taxes on my remittances into Thailand. The right thing to do is to exclude or exempt retired/married long-term Expats, unless that money is specific income (working), but if they do not take that course of action, then that says everythiong we need to know. If you think they are not aware of all these problems and issues - you are very much m,istaken - it has been stated on most Thai media organisations. I expect that over the next 3-6 months soemthing will be provided to clarify the application of this new rule - when their 'losing of face' will not be so bad ????
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Last time responding to a reality misunderstanding resulting from a failure to read all the posts. This has been discussed and clarified many times - but just for you. 1.Taxable Person Taxpayers are classified into “resident” and “non-resident”. “Resident” means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand. Personal Income Tax | The Revenue Department (English Site) (rd.go.th)