
The Cyclist
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I Yes, it is apparently so difficult to understand Category 1 ( of 8 ) (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.4 Where the issue lies is with some trying to morph Pensions, into non - assessable.
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You think wrong. UK Government Pensions are only taxable in the UK. It doesn't really matter to me what places / spaces are available. I will be claiming a complete exemption from Thai Income Tax by way of DTA. In theory it only needs 2 spaces / Places Income Remitted Income exempt A copy of UK - Thai DTA attached.
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For what it is worth, I believe you have done the correct thing and used this correctly ( Even if the paperwork is a bit off ) And despite all the backwards and forwards on here. When I file with my Government Pension I will be using this https://www.rd.go.th/english/21973.html I believe that to utilise a DTA, you have to file to make the claim. Too late, when and if you get a knock on the door to explain why you haven't filed.
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Thats fine, you can interpret it how you want, Sure, I agree exempt for the calculation of tax. Not exempt from filing a tax return. As it has only came into effect from the 01 Jan 2024, it would not be on prior tax forms, and the updated English Version has not been released yet. See above Furthermore, it is not for me to explain. It would be for the RD to explain, but perhaps holding your horses until the updated English Forms come out, or take a trip with all your paperwork to your local RD Office and get them to assist you face to face, might be better than trying to demand answers from another foreigner, who is in the exact same boat as you are.
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Watch the video from 7.30 to 8.30 2 criteria that the Revenue Department use for assessable income for tax No difference between Thais and Foreigners. The same rules apply 1. Income brought in from overseas from after Jan 2024 is assessable income for tax. 2. Especially for foreigners, if you stay 180 days or more you are a taxpayer. You can then listen to the expat going on about everyone staying within the rules. You can read that anyway you like, and so can anyone else. I read that as, here 180 days or more, remit income gained after Jan 01 2024, you are classed as taxpayer and you need to file a tax return. Your specific DTA will determine, what, if any tax, you might have to pay. Being under the umbrella of a DTA does not exempt anyone from complying with Thailands Tax rules and laws. It doesn't matter what I believe. It matters what the RD Guy in the video believes and what has been pushed out to Revenue Department Offices. And that does not exclude the same thing that happens at different immigration Offices, where thay might actually do different things at the local level.
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My bad, I didn't see that And yet again, Section 40, Part 1 of the RC, makes clear that Pensions are assessable. And this is the part that you are not getting. A DTA does not say that a particular pension escapes Thai Tax Law, rules and regulations. It says that it is only taxable in Country X, Y or Z. If you can show me a DTA that says different, I might listen If you can show me in the Revenue Code where as a ax resident I do not need to declare my Government Pension, by filing a tax return and having it exempt from tax by dint of a DTA, i might listen. Until then, I will go with my interpretation/ understanding, and my local Revenue Office can make a decision on whether it needs to be declared and filed on a tax return. Not some anonymous pixels on the internet.
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What is your issue ? What difference does it make if I have filed a tax return or not ? Does that make my interpretation of this omnishambles any less valid ? You will have to excuse me if I do not hang onto your definition/ description of non Assessable / Assessable income, which I think is wrong, as I have laid out in the post above. Yes, I know my pension is only taxable in the UK. As a Thai tax Resident, and it is over the filing levels of 60 / 120 / 220k Baht. Section 40 Part 1 of the Revenue code tells me it is assessable income, and I should file a tax return. You howling about " Where on the forms can you do this " is something that you will need to ask the RD. Somebody posted 2 days ago that they filed at a Revenue office, paid no tax and came away with a no tax to pay certificate. So it is clearly something that can be done at a Revenue Office, but not online. And as I remarked at the time of the posters comment. That certificate is something that we are going to need going forward.
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Likely true ? Possibly, but I doubt it. This is my take based on the video of the Revenue guy and the post made yesterday by @Guavaman No need to file - Income below 60 / 120 / 220 k baht filing limit, or pre 01 Jan 2024 Savings ( Good paperwork required ) Assessable income, tax filing required - All incomes above the 60 / 120 / 220 k baht filing limit, which will then be split as 1. Exempt taxation due to a clause in a DTA, clause in the Revenue Code, or a specification of certain visas. 2. Subject to tax less TEDA's 3 Subject to tax less TEDA's and Tax credits. One of the 1st things to come out of the Revenue guys mouth was, the rules apply to everyone, Thai and foreign tax resident alike. So yes, we foreign tax residents have DTA's. Not one of those DTA's allow us to ignore, or give an amnesty to complying with Thai Tax Law.