Mike Lister

The subject is Thai tax, not the price of cars

Until NEW information arises. I think it's self evident that we don't want the same players making the same stale arguments repeatedly, championing their pet causes, so let's not do that shall we!

We had lunch with Thai friends today, she manages a hotel, he is a fitness instructor at a five star, both file returns every year. They had not heard anything about the new tax rule and said there's nothing in the Thai media about it.

The rules of the thread are that anything that goes onto the list of unknowns, doesn't get debated or argued, for or against, again.

Whenever I've filed my Thai tax returns, the TRD has not bothered to enter my US SSc into their system and has regarded it as excluded income.

The subject is yellow house books and pink cards, not who can insult another member the most!

It's on the list of unknowns, awaiting further input and clarification. Q) - Does the TRD regard credit card spending in Thailand, using a foreign credit card, assessable income. The early indication on this point is yes, it does.

Agreed, that's just the transport.

70) The third scenario is not agreed by everyone and is contingent upon further input from the TRD. It suggests that if the foreigner gifts offshore assessable income, direct to a Thai resident, the foreigner must report that income as if they themselves had received it directly. UNKNOWNS S) - If a foreigner gifts offshore assessable income, direct to a Thai resident, the foreigner must person report that income as if they themselves had received it directly.

Mae Rim Amphur isn't that keen on farangs, unless you know someday powerful. The ironic part is, Amphurs are required by law to keep records of all foreigners in the Amphur but don't because they wont issue them yellow tabien bahns.

We agreed yesterday to put this issue on the list of unknowns (which was done) and to move on.

Cyril is transferring his pension to Nookies account every month in Thailand, it's not said it's a gift, only that nookie is the beneficiary of those funds. It isn't said either whether UK tax is already paid on that money or not, presumably it has been UK taxed. By transferring that pension monies to his wife's account, Cyril is avoiding remitting assessable income to Thailand in his own name and nookie is receiving overseas income that must be declared. Since it's not said it's a gift, only that it's recurring monthly payments (which doesn't look at all like a gift under current rules), Cyril is avoiding tax and nookie is avoiding tax on the income she receives. At a minimum, Cyril is guilty as charged because he's hiding his income from tax and has no other income on which to live, the TRD must presume that nookie returns at least some of that money to pay for his living expenses, ergo, it is not a gift and cannot be one. Can nookie then argue that the income she received was not assessable, if so on what basis? It's not a gift, that much is clear because it's monthly payment. Is it a transfer of funds between husband and wife, possibly, So is this escape clause valid or is Cyril trying to avoid Thai tax by remitting to his wife, his own income that requires assessment in Thailand.

Go back and read the post again, he doesn't mention it being a gift, only remitted to nookies account every month

It depends what his tax position is at the end of the year, only that will determine what his tax position is, along with his TEDA. It also depends on whether he remitted assessible income or tax free income to pay for the medical emergency. There is no yes/no answer to your question, it depends on a series of factors, including the point in the year when the emergency occurred and whether he is able to leave the country and not remain Thai tax resident. I strongly suggest you read the tax guide I linked earlier and stop raising questions. You've posted over twenty times in the past two hours at a rate of over one post every eight minutes hence you have dominated my time and thread. Desist, now! This is not the Mike Lister/Kuhn Heineken chat show!

If your policy is with a Thai insurer based in Thailand, such as Cigna Thailand, and you paid those premiums from overseas using assessable income, and you didn't declare them on your tax return, that is tax evasion.

I have removed that post. If you want to cite examples or cases, please do so concely without the theatrics. I have also posted a link to the tax guide which I strongly recommend you study because it will answer many if not most of your questions, especially the one regarding the medical emergency scenario. For everyone else: a sudden need to access funds for emergency medical care may alter the year end tax position of tax residents which is why medical insurance is essential, as is access to emergency funds in country.

Judging from now deleted posts, several members need to read the tax guide which is linked below:

I'm only surprised that I didn't delete your original post which proposed a method of evading Thai tax and is very clearly against forum rules, but I elected instead to explain how and why it was so. Best you make that the last in the series of examples.

No, you did not remit funds, Cigna did.

Not necessarily, nobody forces the expat to remit funds that are tax assessable in Thailand, most people maintain non-assessable assets such as savings overseas.

Where is the op located. where abouts in Thailand? Amphur Mae Rim puts up more roadblocks to obtaining those documents, I've been trying for years.

https://www.bitdefender.com/solutions/free.html

The UK does this with non-doms, per the HMRC regulations quoted previously on several occasions. Our job here is to try and identify the rules, not whether they are followed, not whether they are sensible and not whether they are utter rubbish or not....only what they are.

The caveat on the following answers is below: It is clear that (a) does not. This is the conventional and traditional application of the Gift Tax rule. It is also clear that (b) does not since the funds do not enter Thailand. Option (c) is also the conventional application of the gift tax rule which is unchanged just because Cyril's daughter ia US citizen. The key issues here are, the relationship with the receiver of the gift, and the fact the funds enter Thailand. It is clear that point (d) does not because the funds don't enter Thailand Ditto the above in point (e). Caveat - there was a discussion yesterday whether assessable income remitted directly to the receiver of the gift in Thailand remains assessable or not and that remains unproven currently.

I do not, you would have to look at your DTA, perhaps the thread on Australian tax on pensions etc will be useful.