Unknown1

The lawyer from RD told me that 40.4 is for Thai stocks only. For income from trading US I need section 40.8 (this one should be filled in the middle of the year too!). I've heard a lot of nonsense from them and nothing useful, so I won't be surprised if this advice is no different. But for me it's unclear too.

Yes, my opinion is kinda same. But chance to get audited is not so low. Total transferred amount is few hundred thousand usd and I was asking RD about that, so they probably remember me. I'm curious about possible penalties if RD has different opinion (fifo vs lifo). Because the correct method isn't written anywhere, isn't it? Even when I asked their lawyer, she couldn't answer and said something like "I should know myself (?!) where is the capital and the income". To be honest I think that any confrontation with them is lose-lose situation with high risks. I'm thinking about pay now and try to clarify it later (deadline is 9th April, so no time now). Can I request a refund later if I believe that tax was paid by mistake? They probably won't return it unless proper documentation is provided. This looks like a "safe" decision.

Hello, Mike! Sorry for a little off-topic but another thread is closed. Here you write that under old law it was very clear how to separate initial capital and income. But what exactly is clear there? My situation is very similar. I had initial capital on US brokerage account on Jan 1 2023 and made more income in 2023. Let's say I had 100k initially, made 50k income and transferred 30k into Thailand from this account. Should I pay anything or not for 2023? I've had several conversations about that and each one only makes me more confused. For example the last lawyer said something about pay tax on that amount with 0.5% rate?! And a lot of complete nonsense from others. I feel like they have no idea what to answer really.