
Mike Lister
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Everything posted by Mike Lister
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I would like to say yes also because I'm in a similar situation and have UK property to sell. I am as certain as anyone can be about anything that taking the Gain and transferring the funds, in a year when they are not Thai tax resident, will avoid all Thai tax. The only question is whether the picture changes if one of those things is done when they are Thai tax resident.
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I know that Sheryl will be along to advise shortly and she really is the authority on these things, anything I say here is purely anecdotal as a poster. My experience of neck pain, in myself and amongst friends, is that posture is often the problem, including too much time spent at the PC or the wrong pillow used to sleep at night. You don't mention your age which might be important because degenerative spine disease plays a role in neck pain for some older people. Magnesium supplements have helped one older friend who has been round the houses with various diagnosis in two countries, apparently it plays a role in relaxing the muscles. A trip to a good doctor and perhaps an MRI of the C-spine might help. Friends here have found that orthopedics doctors are not that useful for this but a neurologist who specialises in pain management was. Perhaps useful to mention which part of the country you are in.
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If the tax payer was resident in his home country, the CG would be realised as soon as the item was sold. But because the taxpayer is tax resident in a different country from the sale, the actual sale of the item itself does not trigger the taxable event, a second step, remittance of the funds does. The taxpayer therefore has an option to avoid Thai tax on the gain, until the second step occurs. This topic has been moved across to a debating thread, in an attempt to keep this thread clear for fact (I clean it up every couple of days and delete the commentary and hypothesis). The debating thread is linked below:
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An earlier quote below, as a starting point: "The issue is, realising the gain in a year when you are tax resident, but remitting the gain in a year when you are not. The first part seems clear, to me at least. If you are Thai tax resident when the gain is made, any subsequent transfer of that gain to Thailand is assessible (as is the transfer of ANY funds that are earned overseas, whilst tax resident in Thailand). The issue is tax residency in the year when the gain is remitted and whether or not tax can be avoided by not being resident. An earlier discussion on this point concluded that becoming not tax resident in the year of remittance, "didn't pass the sniff test" and was counter to what the RD was trying to achieve with the new rule. The argument about not having space on the form for previous year income is silly and is no basis to expect tax can be avoided". I "think" the answer to this one may be that the CG will be taxed in the country where the gain arises and I doubt that can be avoided, e.g. taxpayer sells UK capital asset that attracted CG and was taxed in the UK, because CG must be filed (in the case of property) within 60 days of disposal of the asset. I don't know enough about the functioning of the DTA in that scenario to be able to guess what impact the sellers Thai tax residency has on the event, at the time of the sale. But almost certainly, UK CG, in the example above, cannot be avoided so that when the funds are eventually remitted to Thailand, the CG paid in the UK is used to offset any PIT due in Thailand. Now the issue becomes much broader and is no longer solely about the Capital Gain but is about the transmission of funds generally to Thailand, in a year when the taxpayer is not tax resident. The fact that overseas CG has been paid on those funds (or not) or overseas PIT has been paid on them, is largely not relevant because the tax paid can be used to offset any Thai tax liability. The sole issue is, I think, that of non-residency when funds are remitted to Thailand and how they are managed and reported for tax purposes. So, the key question is, can a person become not tax resident here for one year, remit funds to Thailand and escape all Thai tax.
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The issue that we're trying desperately not to debate here, is realising the gain in a year when you are resident but remitting the gain in a year when you are not. The first part is quite clear, to me at least. If you are Thai tax resident when the gain is made, any subsequent transfer of that gain to Thailand is assessible. The issue is tax residency in the year when the gain is remitted and whether or not tax can be avoided by not being resident. An earlier discussion on this point concluded that becoming not tax resident in the year of remittance, didn't pass the sniff test and was counter to what the RD was trying to achieve with the new rule. The argument about not having space on the form for previous year income is silly and is no basis to expect tax can be avoided.
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Indeed, which is why it's amazing that posters can manage to bicker over such things!
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Bickering posts about kitchen taps, removed!
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The previous point about if/how/when Capital Gains, earned when a tax payer is tax resident, but remitted when they are not, already exists at the end of the document in the op so please, no further hypothesis or debate here, per the rules. L) - income that is earned in a year when the taxpayer is tax resident but not remitted until a year when they are not tax resident, is it later tax assessible in Thailand?
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We like Khua Lek for informal Thai, nicely located on the river. We also like The House and We La Dee for upmarket Thai food Salsa Kitchen does excellent Mexican food Beast Burger does a good burger Bake and Bite for Breakfast
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Pickup Truck Carrying Fresh Fish Overturns on Road Near Pattaya
Mike Lister replied to webfact's topic in Pattaya News
Driver's name was flipper. -
Why do you post on the Farang Pub?
Mike Lister replied to GammaGlobulin's topic in ASEAN NOW Community Pub
It's been, er, interesting, sort of, now it's time to put on my other hat and go do my other job. Bye. -
Why do you post on the Farang Pub?
Mike Lister replied to GammaGlobulin's topic in ASEAN NOW Community Pub
"It has always been my contention that it should be the guys from the UK who should teach the rest of the world how to write English, including the Americans". plural noun: guys 1. INFORMAL a man. "he's a nice guy" Similar: man fellow gentleman lad youth boy individual person soul fella geezer gent character customer creature sort type -
Why do you post on the Farang Pub?
Mike Lister replied to GammaGlobulin's topic in ASEAN NOW Community Pub
Only if North Yorkshire has been annexed by Singapore recently. -
Our experience is that at least 50% of restaurants self promote and whilst having excellent reviews, many are often rubbish.
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Why do you post on the Farang Pub?
Mike Lister replied to GammaGlobulin's topic in ASEAN NOW Community Pub
Tsk, how sexist that you think females cannot teach English well. (guys is masculine) And how myopic that you think only English people can teach English or that English is only spoken in the UK. English is spoken in America, in Canada and Australia and elsewhere, to suggest those countries speak American, Canadian or Australian is of course nonsense. Ergo, there are plenty of good examples being set, you simply don't recognise them. -
Maybe over zealous cops, maybe sensationalism in the reporting, unsure. I'm pretty sure if I was going to carry diazepam on me, I'd also carry the hospital paperwork too, hospitals have advised me to do similar with much lesser well known medication, that's why they give it to you.
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Why do you post on the Farang Pub?
Mike Lister replied to GammaGlobulin's topic in ASEAN NOW Community Pub
Don't be such a drama queen, it was never suggested in the first place, you just failed to understand what was said! -
FWIW I pay 7k in Chiang Mai, all requirements fulfilled but the agent does all the paperwork and arranges a 5 minutes meeting to get my picture taken.