This post is provided as a personal opinion and is meant to be nor is being presented as legal, financial or taxation advice. The writer is not a tax lawyer or a tax adviser, and everyone should get their own taxation advice from an accredited professional. This information is provided merely as one person’s experiences and opinions, and is not to be taken as advice.
I am posting this to provide a simple and clear summary, as I see it, of the income tax situation in Thailand as at July 2024 for Aussies living in Thailand who are not working here or otherwise earning money in Thailand (online sales, investments, market sales, etc etc). I decided to provide what I have calculated and utilised for the basis of my decisions regarding the potential income taxes to be paid by myself (and Wife) as an Australian in Thailand. Rather than just add this to the existing large threads regarding income taxes, I have created it as a separate thread for Aussies. Obviously some of the points are applicable to those Expats from other countries, but this is really focused only on this new tax regime as it affects myself and other Aussies.
Any feedback about matters I have missed and/or errors that I have made would be appreciated.
EVERYTHING WRITTEN BELOW IS ‘IMO’ (IN MY OPINION)
If you want official or guaranteed information – pay for and get written advice from a tax consultant, tax accountant, or tax lawyer
DEFINITIONS
Tax resident – 180 or more days in total within any calendar year.
Resident and resident – A ‘Resident’ is someone that has the legal right to live and stay in a country. A ‘resident’ does not have that legal right.
Please note - in Thailand many documents are less than ‘professional’ and the need to be distinct when referring to a ‘Resident’ verus a ‘resident’ is not always evident.
Very few Expats are Residents of Thailand, even fewer are Citizens, but the vast majority of us are residents.
Just because you may have an LTR Visa does not make you a legal Resident – it is legally a ‘long term resident’ Visa.
Taxable Income (under new rule) – Income earned after 1 Jan 2024 that is remitted into Thailand by a tax resident in a calendar year (2024 for this case).
Obviously the money that an Expat is earning in Thailand is taxable – whether a tax resident or not (requires a work permit usually).
Income – money earned from working or investment returns etc. as defined in the TRD Tax Code – it is not savings, superannuation, etc. (as also defined).
Below are links to the relevant important TRD websites regarding PIT in Thailand. For whatever reasons when copying from the webites or my source document, the pasted links are not links. So I have had to just paste the web addresses.
https://www.rd.go.th/english/6045.html (TRD - Personal Income Tax – includes tax rates)
https://www.rd.go.th/english/38306.html (TRD - Tax Revenue Code - everything)
https://www.rd.go.th/english/65308.html (TRD – 2023 Personal Income Tax Guides)
https://www.rd.go.th/fileadmin/download/english_form/2023/GUIDE_90_66_Complete.docx - (ภ.ง.ด.90 Lodgement Form) - ภ.ง.ด.90 is the one for income ‘not only employment’ (TRD words)
Rather than start this post with all my reasons why IMO the Aust Aged Pension is not taxable income when remitted into Thailand under the Aust-Thai DTA, I have decided to provide the ‘basic numbers’ first. I have made these calculations based upon the standard exemptions and allowances in the Thailand Tax Code and 2023 Lodgement Guides, and as previously advised and summarised in the other ‘tax threads’. After this first step, I will below put forward why I think the Aust-Thai DTA actually means for the Aged Pension.
Part 1 – Taxes Payable when the Pension is Taxable Income when remitted to Thailand (I do not think so - but just for this part of the exercise)
On the basis that the Australian Age Pension when remitted into Thailand is taxable income - the following is provided.
Payment schedule and rates for people outside Australia - Age Pension - Services Australia
Maximum Overseas Single Pension Rate (July 2024) $27,271 AUD
Maximum Overseas Pension Rate - Married (July 2024) $20,607 AUD
Centelink Exchange Rate – July 2024 ฿25.53
Maximum Overseas Single Pension Rate (July 2024) ฿696,229 BAHT
Maximum Overseas Pension Rate - Married (July 2024) ฿526,097BAHT
Please note that these figures are all using the current official Centrelink exchange rate.
I have also calculated the numbers using the ‘real’ current exchange rate – which is what matters – the actual income remitted.
Tax Exemptions, Deductions and Allowances (TEDA) – Married Couple
a) Personal Allowance for self (PA1) - 60,000 ฿60,000
b) Personal Allowance for wife (PA2) - 60,000 ฿60,000
c) Over age 65 years exemption (OAE) - 190,000 ฿190,000
d) 50% of Pension up to 100k (PD) - 100,000 ฿100,000
e) 0-150,000 TAX FREE ฿150,000
e) 0-150,000 TAX FREE ฿150,000
Total Deductions Exemptions and Allowances ฿710,000
Therefore after TEDA IMO a married Expat receiving the Aust Age Pension has no income taxes to pay when he and she lodge a joint tax return, and they both make no other additional taxable income.
Additionally, that same married Expat and his wife can remit an additional 183,903 Baht before income tax is payable.
Like I said above, any income earned by the Expat, or his wife, in Thailand is taxable income and would be added to the age pension (if it was taxable).
Tax Exemptions, Deductions and Allowances (TEDA) – Single
a) Personal Allowance for self (PA1) - 60,000 ฿60,000
c) Over age 65 years exemption (OAE) - 190,000 ฿190,000
d) 50% of Pension up to 100k (PD) - 100,000 ฿100,000
e) 0-150,000 TAX FREE ฿150,000
Total Deductions Exemptions and Allowances ฿500,000
Therefore after a single Expat receiving and remitting all the Aust Age Pension has a total income of ฿196,229 after TEDA.
I have calculated that the taxes payable on that amount of taxable income payable would be ฿12,122.
However, those figures above assume all of the age pension is remitted into Thailand, and all of it is at the Centelink Exchange Rate in July 2024 of ฿25.53
If it was all remitted at the current today’s Wise rate (฿23.52) the total Single Pension would be ฿641,413.
Which would mean a total taxable income after TEDA of ฿141,413 which equates to income tax payable of ฿7,070.
However, there are additional TEDA allowances/exemptions, such as Health Insurance premiums.
Each Expat needs to check the numbers in the TRD Tax Guide and Revenue Code, based upon their own financial situation.
Part 2 – The Australian Age Pension is Not Taxable Income when remitted to Thailand (IMO)
https://www.rd.go.th/english/859.html (The Thai-Aust DTA)
Many people think a ‘DTA’ only refers to double taxation and tax credits – that is common, but it is not the case.
As per the title – it is an Agreement between Thailand and Australia for the avoidance of double taxation and the prevention of fiscal evasion regarding taxes on income.
Under that agreement, in addition to the agreed rules for avoiding double taxation by tax credits, are also agreed rules as to which country can tax which income.
There is also detailed the overall rights of the Citizens of both countries – in order to protect their interests when living/working in the other country.
The big issue for retired/married Aussies in Thailand, is whether the Age Pension is taxable in Thailand under the Thai-Aust DTA.
And there is not one single clause under which that is made clear – it is like all Agreements where several Clauses can have impact on any matter.
Part A – Article 18 and the Clause mentioning the word ‘pension’
https://www.rd.go.th/english/856.html#article18
“Subject to the provisions of Article 19, pensions and annuities paid to a resident of one of the Contracting States shall be taxable only in that State.”
Some have said that the Clause means Age Pension is taxable income for a tax resident in Thailand.
But others have stated that is not the case and that it is not the intent of that Clause.
I emphatically agree with those in the latter group – because the Australian Age Pension is ONLY payable to Residents of Australia (not residents).
You cannot apply for and get the Pension when not a Resident of Australia – you must be a qualified Resident or Citizen of Australia and show you have a home there and intend the stay.
After being away and returning, then only after 2 years of being on the Pension can you apply for and get ‘Portability’, but that does not mean you are no longer qualified as a Resident.
What that means is that your Pension has become ‘portable’, but your qualifications to receive the payment as a ‘qualified Resident’ remain in place – they are just made ‘portable’.
Becoming a tax resident of any other country does not change that qualification – you take that qualification with you – hence the legal term ‘portability’.
What is missing in that Clause within the DTA, is the intent with regards to Government paid Age Pensions – versus private pensions as a means of payment for services rendered.
Private pensions and annuities are certainly taxable in the other State, but IMO Government Pensions are not intended to be taxed in the another State.
The following is Clauses from other DTAs that Thailand has with other countries covering that matter (Government paid Age Pensions)
IN OTHER DTAs
1. Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State.
2. Notwithstanding the provisions of paragraph 1, pensions paid and other similar payments made under a public scheme which is part of the social security system of a Contracting State shall be taxable only in that State.
ALSO IN OTHERS DTAs
Any pension paid by the Government of one of the Contracting States to any individual, may be taxed only by that Contracting State.
AND THE THAI-USA DTA
Notwithstanding the provisions of paragraph 1, social security benefits and other similar public pensions paid by a Contracting State to a resident of the other Contracting State or a citizen of the United States shall be taxable only in the first- mentioned State.
IMO the intent of the Clause is to ensure that Government Pensions paid by one State are not taxed by the other State – what Govt wants their taxpayer’s money going to another State?
Private pensions and annuities are certainly taxable in the other State, but IMO Government Pensions are not intended to be taxed in the other State.
I note that the Thai-Aust DTA has not been updated for a long time, and it is clear that Article 18 and its associated Clauses need updating, as other DTAs have been.
Unfortunately, when I looked through the various DTAs of countries, it was very evident that when these were written (back in the 80s) the main thing they were thinking about was the payment of a Government pension or wage to citizens of their own country who were working in the other country as a Government employee (such as in Embassies). They did not want those ‘pensions’ and wages paid to their Government employees and ex-employees taxed in Thailand. Unlike some DTAs that have been updated since then (as above), the Aust-Thai DTA has not been updated to reflect the large number of Australian retirees living in Thailand, and I am certain the Aust Govt wants their taxpayer’s money being paid to the Government of Thailand.
Part B – What the TRD defines as a ‘Pension payment’
https://interweb1.rd.go.th/cgi-bin/intra_search?q=PENSION;t=5;field=1;page=1;long=1 (open and click ‘translate to English’)
The Company is obliged to pay a pension to the wife as a monthly alimony until the wife dies or remarries.
Pension paid by the Company does not qualify as a non-independent personal service under Article 16 of the Convention between the Government of the Kingdom of Thailand and the Government of the United Kingdom of Great Britain and Northern Ireland because it is money paid due to Mr. Chen's past work.
This is a ruling from the TRD regarding a decision made whether payments are taxable income or not (in this case they are).
What it shows is that a ‘pension payment’ is understood by TRD to be other than what some people think – which is a payment from a Govt funded social welfare system.
When the words 'pension payments' are referred to by TRD, that is not related to a Government Aged Pension – the definition very much is focused on a private pension payment.
Part C – Article 25 – Non-Discrimination
https://www.rd.go.th/english/855.html#article25
Nationals of a Contracting State shall not be subjected in the other contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States.
Under that Clause above, Australian Citizens are entitled to the same taxation ‘rules and requirements’ as that which is applied to the Citizens of Thailand.
Thailand does not tax the Aged Pension of its Citizens that receive their ‘Aged Pension’, and therefore under this Clause they cannot tax the Aged Pensions of Australian Nationals.
Part D – DTAs FAQ Answers from TRD
https://www.rd.go.th/english/23520.html
5. What happens if the rate of tax stipulated in the Revenue Code is different from that of an agreement?
- Apply the rate which is more beneficial to the taxpayer.
Under that TRD answer, any tax rate as applicable to Australian Nationals must be applied in the equal beneficial manner by Thailand.
Australian Nationals are not taxed on their Aged Pensions payments, whether they are a tax resident or not.
Therefore Thailand should apply the rate that is more beneficial to Australians as tax residents of Thailand, which means Aged Pensions are not taxable income (remitted or not).
Part E – TRD Definitions for all DTAs with all countries (The Elimination Method)
https://www.rd.go.th/english/21973.html
C. Elimination of double taxation
The focus of a DTA is the elimination of double taxation. Each DTA may prescribe different methods of elimination of double taxation of a person by the resident country:
(1) Exemption method
The country of residence does not tax the income which according to the DTA is taxed in the source country.
The Aust Aged Pension payments are ‘taxable income’ in Australia, so that anyone earning additional income over the Pension does not get the full tax free threshold.
The Australian Government applies a zero rate of tax on the Aged Pension payments - it is taxable but they elect not to tax it.
Therefore the Australian Pension is ‘taxed’ in the source country, and Thailand should also not tax those Pension payments.
Part F – Government Aged Pensions are not income – as per the TRD Definitions of what is Income
https://www.rd.go.th/english/6045.html#:~:text=Taxpayers are classified into “resident,any tax (calendar) year.
2.1 Assessable Income
Income chargeable to the PIT is called “assessable income”. The term covers income both in cash and in kind. Therefore, any benefits provided by an employer or other persons, such as a rent-free house or the amount of tax paid by the employer on behalf of the employee, is also treated as assessable income of the employee for the purpose of PIT. Assessable income is divided into 8 categories as follows :
income from personal services rendered to employers;
income by virtue of jobs, positions or services rendered;
income from goodwill, copyright, franchise, other rights, annuity or income in the nature of yearly payments derived from a will or any other juristic Act or judgment of the Court;
income in the nature of dividends, interest on deposits with banks in Thailand, shares of profits or other benefits from a juristic company, juristic partnership, or mutual fund, payments received as a result of the reduction of capital, a bonus, an increased capital holdings, gains from amalgamation, acquisition or dissolution of juristic companies or partnerships, and gains from transferring of shares or partnership holdings;
income from letting of property and from breaches of contracts, installment sales or hire-purchase contracts;
income from liberal professions;
income from construction and other contracts of work;
income from business, commerce, agriculture, industry, transport or any other activity not specified earlier.
As can be clearly shown from the list above, a Government paid pension is not listed as taxable income.
I think that is because in Thailand all Govt pension payments are not a taxable income.
Therefore, as per the list above (and Article 25) Gover Pensions are not taxable income.
Likewise, as per Part B above, where TRD details in a ruling what a 'pension payment' is, under Section 40, Government Pensions are not included in the list of assessable incomes.
Section 40 Assessable income is income of the following categories including any amount of tax paid by the payer of income or by any other person on behalf of a taxpayer.
(1) Income derived from employment, whether in the form of salary, wage, per diem, bonus, bounty, gratuity, pension, house rent allowance, monetary value of rent-free residence provided by an employer, payment of debt liability of an employee made by an employer, or any money, property or benefit derived from employment.
Those are all methods of income from being paid for from employment and a Government Pension payment is not included.
As to the last two statements, it is my opinion that a lot of people/experts have 'assumed' Government Pensions are taxable because of the word 'pension' in TRD documents.
But as shown above, 'pensions' to the TRD are private pensions and not a Government Pension, and the Age Pension is not 'from employment'. Anyone who is a qualified Resident can receive the Aged Pension - whether they worked or not.
Part F – Summary
Whether the TRD would accept or not any of those legal arguments above about the Australian Aged Pension not being taxable income, is debatable. Plus there are many clarifications and information updates that TRD are supposed to provide - the issue of what constitutes assessable income is just one of them. The only rule that has changed is that the loophole whereby income such as capital gains and rent would be seasoned for 12 months and then remitted tax free no longer exists.
Expats have been for decades remitting their pensions and savings into Thailand - nothing has changed with regards to that money, and Expats have never before been required to pay income taxes on that money. The strict ‘rules’ are not always the issue in Thailand as most Expats know - it is what they decide to enforce, and how they interpret them. There is a rule in the TRD Tax Code that states all foreigners leaving Thailand must first get a tax clearance certificate - what really matters and what the reality is, is that the rule is no longer enforced. So Thailand is moving to a ‘tax regime’ as the TRD GM said, where Expats are now expected to pay their share of income taxes. That probably means that their past non-enforcement of the tax rules for Expats with regards to remitted income no longer applies.
However, that does not mean that the rules do not apply under which Thailand can tax the money Expats remit into Thailand, both in terms of what is income and what is not, and what is excluded under their own DTAs. But there are things done in Thailand that are not in compliance with the Rules/Laws by the Thai Authorities. Likewise, there are many ‘interpretations’ of the Thai Rules/Laws by Thais in authority that are not strictly in compliance with those Rules/Laws, and those interpretations change form location to location, and from month to month. The other issue that Expats need to also understand, is that unlike in the West where Govt People are trained, consistent (usually) and managed to comply with the Rules/Laws and as advised though rulings and determinations, Thai people in authority have a lot of arbitrary powers and they can do what they want (within reason).
Most Thai ‘officers’ are fair and reasonable, but some are not. Many are well trained and know all the rules/laws, but some have no idea and don’t give a rat’s rear end, and most are somewhere in between those two extremes. The other thing to remember going forward, is that in the West you have many avenues of Appeal - and western Govt staff are well aware they will be hauled through the coals if they cause an Appeal that results in their decision being over-turned. But in Thailand, your rights to appeal as a Foreigner are very limited and over-turning a decision can be extremely difficult (whether correct or not).
My strategy is to avoid dealing with the TRD for the next few years, unless absolutely necessary. This will all settle down and the reality of the situation and what Thailand decides to enforce and not, will hopefully by then be clear. If that was to become clear sooner, then that would not be unwelcome either way. When it comes to taxation and the severe penalties possible after several years of accidental (or deliberate) tax evasion, it is far far better to have certainty, rather than the uncertainty that currently exists.
It is my opinion that if the TRD starts taking tax money from Australians on the Pension, the Aust Govt will respond and update/amend the DTA to specifically exempt those Pension payments, like most other countries have done. The net says there are 20K Aussies living in Thailand, and if only half of those are on the pension and single, then Thailand will be reaping about $3-4 million from the Australian taxpayer.