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CharlesHolzhauer

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  1. This might explain the actions of a single guy, short on funds, with hormones running wild. However, it’s completely irresponsible for those who are fathering children, building houses, or conducting business without a work permit. It’s not surprising that some of these individuals, who rely heavily on agents, may feel uneasy about new government (tax) regulations. In my view, it’s highly unlikely that agents would be equipped to handle matters effectively with the Thai Revenue Department (TRD). Only time will tell.
  2. Refreshing to hear – you’re one of the few who carefully and critically consider their path. At least you’re using the right 'head.' As you would know, things in Thailand, as elsewhere, are dynamic and ever-changing. I first arrived in Thailand as a tourist in 1972, followed by many visits over the years, and eventually retired here 26 years ago with a fair understanding of what this place had to offer. I’m happy and content with my decision, but I always advise others to critically evaluate where they choose to settle. It’s a big decision that requires thoughtful consideration (especially tax related issues) 😀. Good luck.
  3. I have been living in Thailand on a retirement extension for quite some time, and I am genuinely amazed that anyone would pay a significant amount to an agent to bypass what is essentially a straightforward application and renewal process. In all my years of dealing with Immigration offices, I have never encountered any major issues during my annual renewals - occasional frustrations and long lines, of course, but nothing serious as long as your paperwork is in order. On a couple of occasions, I was asked to return with additional documents, but this was entirely my fault for not keeping up to date with the latest requirements at a particular location. Forums like this one and other Thailand-based platforms are excellent resources for obtaining advice and ensuring you meet the specific requirements of your local Immigration office. My positive experiences include the Immigration Office in Bangkok, the Jomtien Immigration Office (dating back to when it was still located on Pattaya’s Soi 8), and my current location. These days, even the 90-day reporting process is remarkably straightforward.
  4. It’s possible, but in my view, highly unlikely. I’ll refrain from elaborating further on this for now.
  5. Enforcement would be straightforward if the Thai Revenue Department (TRD) works closely with the Thai Immigration Bureau (TIB), which I am confident will occur eventually. Implementing a tax clearance certificate to confirm that an individual’s Thai tax account is in good standing with their local TRD would be both simple and effective. The responsibility would rest on the individual to obtain this certificate, requiring minimal effort from TIB officers. It would merely become another document added to the individual's checklist. Efficient and hassle-free.
  6. Slice it or dice it - whichever you prefer - the fact remains that as a tax resident of Thailand, you are obligated to pay your dues. Tax-Free Status in Australia: The fact that the pension payments are tax-free in Australia due to their nature (private pension earnings approved by the government as tax-free) does not change their treatment under the DTAA. The DTAA determines which country has taxing rights, not the domestic tax status. Taxation in Thailand: Article 18 states that pensions (not related to government service) paid to a resident of Thailand are taxable only in Thailand. This means that once the funds are remitted to Thailand, Thai tax laws will govern their taxation. Private Pension Clarification: While Article 18 does not explicitly differentiate between public and private pensions, it broadly covers pensions. Private pension payments are likely considered taxable in Thailand under Thai law, even if not taxed in Australia.
  7. Your assumption is correct. ARTICLE 18 PENSIONS AND ANNUITIES 1. 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. 2. The term "annuity" means a stated sum payable periodically at stated times during life or during a specified or ascertainable period of time under an obligation to make the payments in return for adequate and full consideration in money or money's worth. ARTICLE 19 GOVERNMENT SERVICE 1. Remuneration (other than a pension) paid by one of the Contracting States or a political subdivision of that State or a local authority of that State to any individual in respect of services rendered in the discharge of governmental functions shall be taxable only in that State. However, such remuneration shall be taxable only in the other Contracting State if the services are rendered in that other State and the recipient is a resident of that other State who: (a) is a citizen or national of that other State; or (b) did not become a resident of that other State solely for the purpose of performing the services. 2. Any pension paid to an individual in respect of services rendered in the discharge of governmental functions to one of the Contracting States or a political subdivision of that State or a local authority of that State shall be taxable only in that State. Such pension shall, however, be taxable only in the other Contracting State if the recipient is a resident of, and a citizen or national of, that other State. 3. The provisions of paragraphs 1 and 2 shall not apply to remuneration or a pension in respect of services rendered in connection with any trade or business carried on by one of the Contracting States or a political subdivision of one of the States or a local authority of one of the States. In such a case, the provisions of Article 15, 16 or 18 as the case may be shall apply. ARTICLE 15 DEPENDENT PERSONAL SERVICES 1. Subject to the provisions of Article 16, 18, 19 and 20, salaries, wages and other similar remuneration derived by an individual who is a resident of one of the Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived from that exercise may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derives by an individual who is a resident of the Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if : (a) the recipient is present in that other State for a period or periods not exceeding in the aggregate 183 days in the tax year or year of income, as the case may be, of that other State; (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of that other State; and (c) the remuneration is not deductible in determining taxable profits of a permanent establishment or a fixed base which the employer has in that other State. 3. Notwithstanding the preceding provisions of this Article, remuneration in respect of an employment exercised aboard a ship or aircraft operated in international traffic by a resident of one of the Contracting States may be taxed in that Contracting State. ARTICLE 16 DIRECTORS' FEES Directors' fees and similar payments derived by a resident of one of the Contracting States in the the capacity of the resident as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State. ARTICLE 20 PROFESSORS AND TEACHERS 1. A professor or teacher who is a resident of one of the Contracting States and who visits the other Contracting State, at the invitation of any university, college, school or other similar educational institution situated in the other Contracting State and which is recognized by the competent authority of that other State, for a period not exceeding two years solely for the purpose of teaching or research or both at such educational institution shall be taxable only in the first mentioned state on any remuneration for such teaching or research. 2. This Article shall not apply to remuneration which a professor or teacher receives for conducting research if the research is undertaken primarily for the private benefit of a specific person or persons. === Tax-Free Status in Australia: The fact that the pension payments are tax-free in Australia due to their nature (private pension earnings approved by the government as tax-free) does not change their treatment under the DTAA. The DTAA determines which country has taxing rights, not the domestic tax status. Taxation in Thailand: Article 18 states that pensions (not related to government service) paid to a resident of Thailand are taxable only in Thailand. This means that once the funds are remitted to Thailand, Thai tax laws will govern their taxation. Private Pension Clarification: While Article 18 does not explicitly differentiate between public and private pensions, it broadly covers pensions. Private pension payments are likely considered taxable in Thailand under Thai law, even if not taxed in Australia.
  8. This small spreadsheet to compute taxes provided by 'pauku1' is pretty nifty. <https://aseannow.com/topic/1318120-revenue-department-contact-reports/#comment-18647010>
  9. It appears you’re having difficulty fully grasping what has been written. It would be more constructive if you took the time to do your homework rather than clutching at straws and making unfounded assumptions. Oh well.
  10. Thailand never issued a retirement visa!
  11. There is a wealthy pensioner category for those aged over 50, but the minimum annual income of US$80,000 has been left untouched by the Cabinet.
  12. Changes to Thailand’s 10 year visa don’t impact on most expats https://www.pattayamail.com/latestnews/news/changes-to-thailands-10-year-visa-dont-impact-on-most-expats-487174
  13. You went through quite an unfortunate experience with the delay in receiving your mail. Providing accurate address and contact details to financial institutions is absolutely crucial, as even small oversights can lead to significant inconveniences. It's good to hear that someone took the initiative to ensure your mail reached you eventually, but situations like this highlight the importance of double-checking such details.

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