Hello Mike,
First of all, I would like to thank you for putting this guide together, I actually read it earlier today. However I do have a question regarding the following information:
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Pay attention to assendents and descendents, your girlfriend is neither.
Also, why Gift money that has already had tax paid on it, there is no need."
That's correct, however I believe it would be tax free under this rule:
43) c) Maintenance income derived under a moral obligation or gifts made in a ceremony or on occasions in accordance with established custom from persons who are not ascendants, descendants, or spouse, in the amount not exceeding THB 10 million throughout a tax year.
We are not married, so I should be able to gift up to 10 Million Baht Per year.
The money is already taxed abroad since it was dividends from a company that I co-own with other shareholders + salary I have saved up. And instead of sending it from my bank account abroad to my thai bank account(and having to pay taxes since it would then be remitted income/savings), and then gifting it to her through a local bank transfer, I was wondering if I can gift it to her directly from my foreign bank account to her local bank account here.
Would that work and is it above board is the question? I got a consultation with a lawyer last week who told me ''Don't worry about it, sounds good to me'' but I wanted to get a second opinion.
"Note: Only funds that are exempt from Thai tax or funds on which Thai tax has already been paid, can be Gifted. It is not possible to Gift funds that are assessable income, in order to avoid Thai tax."
Foreign earnings/dividends which are kept abroad and not remitted to Thailand are exempt from Thai tax so it should be fine?