
jojothai
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Taxfree gift to spouse
jojothai replied to Lamphen's topic in Jobs, Economy, Banking, Business, Investments
What i said isn't guesswork. If you have a car and a car is purchased for her. Its hers to do as she pleases. The earrings can be used by both, or even sold, so where is the logic . The argument made by the officer is an erroneous opinion IMHO that may have no basis for comparison. So as I said before, its down to the officer attending and what they need to make a decision. I have been to different immigration offices (justified by my situation) a number of times in the past two weeks checking what to do when a work permit expires and been told three different opinions. Its up to you if you believe what you are told by an officer. The rules only state the gift limits ,etc and clarification is not for your own benefit. From what I read on some posts it is not required to be declared on a tax return if it is exempt. With respect, did you ask if it needs to be declared on your tax return even if it is exempt? What did the officer say? -
Taxfree gift to spouse
jojothai replied to Lamphen's topic in Jobs, Economy, Banking, Business, Investments
She can sell valuable ear rings for cash. Especially if they are worth a lot if you really want to give a credible gift. Otherwise, why buy earrings? My wife would tell me where to go if i said i will gift her ear rings unless they were gold at least a few baht. Then if the ear rings can be sold is it not also tax evasion? The case stated does not IMHO have any different grounds than a car, because i have my own car and the other car is therefore additional for her. Just like immigration and visas, it will all be down to what the attending officer thinks, or needs to make a decision -
Further clarification today, because i am still being told that Immigration should do the 7 day extension for after work permit expiry when the original extension is cancelled. My visa extension was done through the company at one stop service. They will not do a personal extension for the 7 days. That's what they told the company representative and I have confirmed directly with them through their LINE account. They are only doing the visas / extensions for company / business. I now understand that if it was cancelled at Chaeng Wattana they would do the 7 day extension straight afterwards. I am not going to be doing that, so I cannot verify to confirm.
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Taxfree gift to spouse
jojothai replied to Lamphen's topic in Jobs, Economy, Banking, Business, Investments
Yes, this has been reported in topics before but some things are not yet clear, and whether a gift has to be declared in your tax return. The gift must be for use by the wife and not for your benefit. You can obviously directly transfer money here to the wife's account. If you have the money in your bank account. From the posts I have read and legal advice sites, then I believe a gift is tax exempt. But I am not sure if you have to declare it on your tax return as tax exempt. I would be grateful for anybody else to clarify this. Most of the discussion i have seen concerns gifting money to the wife when you have funds from overseas. If you transmit the money into your account here, it will be considered taxable irrelevant if you then gift it. What has been stated is that if you gift it directly from overseas to your wife's account as a gift, then it should not be taxable. I have seen posts that contradict this but most seem to indicate it is correct. I stand to be corrected if somebody has researched this and can confirm whether it is not taxable or clarify why it is still taxable, even though it is a gift. -
This is not the sequence as I have been told by my company and confirmed at immigration. Step 1. Cancel extension for a future date. If it is an extension based on work permit from a company, you cannot do it yourself. the company has to do it, and they comply with all the requirements which include the letter for it. So your step 1 is part of the step 1. You do not get a letter from company. They do it for the cancellation. Step 2. Cancel work permit within permitted time after expiry. Company should do this.
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If the work permit has to be cancelled before the extension then they both have to be done on the same day. if ahead of time then it needs to be done from outside Bangkok? i said that i am not in Bangkok. I will still be working until the work permit expires so if i have to cancel early i cannot work. I work remotely. I am supposed to work up to the last day. Then i cannot leave the country, unless i do it all on one day, as necessary It needs more explanation please than just saying i told you. As i understand it, there is no need to cancel the work permit for up to 15 days after it expires, so there should be another way of doing this otherwise the 15 days is nonsense, unless i can continue to stay for the 15 days - but i cannot. From what you are saying if the work permit has to be cancelled first, then the work permit has to be cancelled and the extension on the same day, then i presume i must have to immediately get an extension to stay the extra 7 days. That what i now think and needs to be clarified. At present it seems that i am going to have to send my documents to my employer and get them to do cancellations on the same day, which would preferably be the date of work permit expiry. Then i collect the documents either the same day to go to airport, or collect the documents to leave within the 7 days that should be given at immigration.
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Understood thanks. I will have to also read the thread posted by Dr Jack54. Problem I have is that I am based outside Bangkok. I have to consider how to get my extension cancelled at immigration the same day I am going to leave Bangkok. The work permit will not have been cancelled when I leave if i leave a day or two before it expires. The employer is responsible and has 15 days to do so. I presume that I will need the letter from my employer to take to immigration to cancel the extension. My employer is very good in support of things and I can ask them how to do this.
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If you want to marry in UK then you need to look at uk requirements notification period etc, where you can do it. The lady has to be with you in UK , both for notification and the marriage. Then certification afterwards for recognition in Thailand if necessary. Best to get a UK marriage certificate legalised and translation certified by Thai Embassy in UK. Some Amphur's may require that to get registered in Thailand . Mine in Prachuap asked about it , showed us an example, but still processed the Khorsor22 registration ok with just the uk marriage certificate and a certified translation. However you are still required to be both together at the amphur for the registry. Surely it will be quicker and easier if you can get married in Thailand and registered immediately. Both options to get registered in Thailand depend if you can fly, if you are on cancer treatment unfortunately maybe not. If you cannot, then surely its best to do the first alternative and trust that the will is done and very clear. Best wishes that you can get this processed quickly.
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I need some help to clarify cancelling my work permit when it expires on 7th March and the associated extension of stay. Grateful if somebody can clarify some issues or refer me to a recent thread. Some advice states that I have to get a letter from my employer. Others say that I can use a signed letter stating I want to cancel my Work Permit and Non-B Visa. But that seems to be if I do it myself. However from a thread here I understand that the employer is responsible to notify the Labour Department within 15 days. Is this correct? Then I simply give it to my employer to cancel. I was told at immigration that I have to cancel the work permit then cancel my visa extension of stay. Do I have to cancel the extension of stay? The problem I have is that I think that I will leave country a day or two before the work permit expires and give it to my employer to cancel. Then I cannot cancel the existing extension of stay. When I go out of country, I will be coming back in visa exempt to get a married non-o 90 day. When I return I presume that i can just tell the immigration officer to ignore the old extension of stay. Will that be ok?
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Guidance please on Non O application from UK
jojothai replied to Wyabcp's topic in Thai Visas, Residency, and Work Permits
Thanks. Its starting to look as if a KorSor 22 may be ok, but its risky applying for non-o in uk without the legalised, etc translation. I will try to find out next week what Chaeng Wattana ask for here to change directly to Non-O 90 day. However I suspect i will have to get the legalisation of marriage certificate etc done in the UK. -
I have been looking at possibly using Vietnam Ho Chi Minh for a Non-O. I have friends there I can visit. The website has the attached notice for processing time, 5 working days after the visa application approved. So you could expect to be there at least a week. I have not yet researched all the problems from the evisa system and have a question if somebody can answer please. If you go to the country and make the application, is it ok to go out to another country and return. I would expect it should be ok. So I go to HCMC complete the application. Fly to Hong Kong for a few days to see friends. Fly back to HCMC, then use the Evisa to fly back to Thailand.
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Guidance please on Non O application from UK
jojothai replied to Wyabcp's topic in Thai Visas, Residency, and Work Permits
Thanks again. will look at this. -
Guidance please on Non O application from UK
jojothai replied to Wyabcp's topic in Thai Visas, Residency, and Work Permits
thanks, understood and i agree. I have that as my number 2 alternative and likely to be easiest. First i will go to Chaeng Wattana and see if they will change the Non-b to non-o marriage with the korsor 22. I know that it is possible, but they may still ask for all the certification requirements on our marriage certificate. I do not have them. I only have the certificate and translation. The amphur accepted them to do the korsor 22.. I need to know if the marriage certifications are going to be a problem, because i could still face the issue for the 12 month extension later. I am still currently registered as living in Bangkok (part time work for another two months), will change to hua hin as soon as i can depending what CW say. -
Guidance please on Non O application from UK
jojothai replied to Wyabcp's topic in Thai Visas, Residency, and Work Permits
Hi Dr Jack54 and other people reading this thread. I looked at the post referred, and note that somebody said in the thread in 2024 that thai embassy document requirements had been slimmed down. I am trying to change from a non-b (based on work permit) to 90 day non-o for marriage. In theory I should be able to, but hua hin immigration say that they do not do it,and i will have to go out of country. I may need to go the UK to get the non-o for marriage and need to check any update on marriage certificate requirements. The Thai embassy website states the requirement as follows: "Proof of relationship to a family in Thailand, eg a copy of marriage certificate / birth certificate / certificate of adoption". I had a marriage to my thai wife in uk and have the marriage certificate and a translation into thai. But also, I have recently got the marriage registered in the amphur and now have the kor sor 22. Previously some time ago the thai embassy required a UK marriage certificate to be certified in the UK by FCO and certified by them. But if I already now have a korsor22 marriage registered in Thailand, then that may not be necessary. Does anybody know or have experience recently with similar at the uk thai embassy and can they confirm for the uk marriage / certification requirements in uk. I will have to send a query to the thai embassy, but would be grateful for any knowledge by others. -
Either what you say is true or not. And i advise that it is pasting a picture that is not correct and can confuse people. So there is no need to dismiss it as if i am wrong. if i am barking up the wrong tree and not telling the truth then there is no point in me trying to help people. i have seen enough misinformation or poor opinion in the related subjects and will post sometimes to try to correct things. I advise that you should not confuse people with remarks that may not be true. Today i have pointed out some specific misunderstandings on DTA's and i will post to help people when i see something where i can help. No point in commenting again on people who clearly have incorrect opinions.
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it is necessary to read and understand clause 19 fully. i have seen posts where people misinterpret the wording , not just for oz. It is clear. Pension is only taxable in the contracting state of residence. if you are resident here, it is only taxable here - if remitted. but you could offset any tax paid in oz. Clause 20 is specifically excluding income / pensions from government service. Please note that in Thailand pension is classed as income. Capital gains is also classed as income here. at present only if remitted to thailand.
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? I thought there are a lot of brits here (and australians), and that is not true for the respective DTAs. except for government service. UK DTA does not cover pensions (except for gov service) The OZ DTA, pension is only taxable in the contracting state that you are resident. (except gov service) . if you are resident here, that means tax in thailand. The personal pensions will be taxable here, if remitted. but any tax paid in uk/oz can be offset. A standard UK state pension is just below the income tax threshold in uk, no tax paid. but the amount is above the thresholds in Thailand, so some tax would be due here , although not very large due to allowances
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Avoid to pay tax
jojothai replied to Jack1988's topic in Jobs, Economy, Banking, Business, Investments
Understood. Clause 19 governmental service clause 2 applies to exempt the pension (unless you got Thai nationality). Your case may be hard to judge for the Thais if they can see that its coming from an investment scheme. It may depend on how your bank shows the amounts in their information to TRD. Maybe best that you check how the bank shows the income account / amounts in your statements or what they report. So it will only be regarded as "pension" income. There are standard forms for what the banks have to report for CRS. I did manage to find the standards but cannot readily understand them. There is a lot involved. It would take some effort that I do not need to spend yet. I do not know whether an individual can ask to see the information sent by the bank to the TRD. FYI, I have just seen my offshore bank statements for end 2024. They show transactions through the year and when I transferred my personal pension out from trustees to the bank in 2024,they show a code PEN with reference number. That may signify that the bank has classed it as from pension funds which had been stated on the inward remittance from my trustees. A "PEN" code was shown against the transfer out I just made recently directly to my thai wife as a gift. Plausible that the amount is currently being classed against pension Income.