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Everything posted by oldcpu
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I recall currently por.161/162 exempt remitted foreign income ( and hence not assessable) means you have inadequate assessable income for a while in regards to tax filing?. At present I see no place in any Thai tax return to file as a deduction that exempt income ( such as your pension which you claim not taxable per DTA). This is not new. The requirements to file have been around for years. I am curious where such a deduction should be in the tax forms. I spent ( wasted?) some time looking.
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I recommend people tell the truth. If one is required to file a tax return, then file it. But don't go file a tax return when not needed, because one was bamboozled by a paranoid poster who ignores RoyalDecrees, ignores Ministerial Directives, and ignores DTAs. Those documents too need to be considered. But if one is lazy to read such, then go to one's local RD office, with all one's financial info, with a copy of the relevant Royal Decree, the relevant DTA ( highlighting relevant section governing one's foreign income) and let them decide. Note there are 61 different DTAs, so don't just show up without the DTA and expect the RD official to know the answers off of the top of their head.
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True IMHO. However there is more to this than just the monetary amount. The foreign income remitted must also be assessable income, where in addition to the Thai tax code, there are also Royal Decrees, DTAs. and Ministerial directives that affect the determination of assessable income. Thailand relies on self assessment. RD officials have stated that many times. .. That is not to say one won't be audited if the RD suspects one is not reporting all assessable income properly . Thailand has been doing just that for over 50 years. So do you believe that this will stop now? I guess we will see. Note: I believe that Thailand law should be followed in regards to income tax filing. The discussions some of us tend to be having is along the lines of precisely defining that assessable income given there is foreign remitted income that is exempt from Thailand taxation calculation.
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The Thai government relies on self assessment. There is no requirement at present for a tax certificate for immigration for extension of stay in Thailand purposes. OK? Clear? Whether there will be in the future is speculation at this stage. What we do know now is Thai tax law, Royal Decrees, Ministerial directives, and Double Tax Agreements betweenThailand and 61 countries ( where every DTA is different) .. and for those wondering about immigration there are also current immigration requirements. Current requirements. Current. ... Not speculative future requirements of AseanNow posters. Current requirements. One should follow Thailand law in regards to tax, and that may or may not mean a Thai tax return is needed depending on each person's financial situation.
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I totally agree with your statement. I think the thai tax law is based on the honest system. There will be farang who abide by the law and some that dont I think it important all of this (in the original quote above) is completely hypothetical, conjecture and speculation. I do believe all expats need to assess their own situation, and in accordance with Thai law, assess if they need to obtain a TIN and file a Thai tax return. .... Unfortunately there are some (paranoid ? ) scaremongers who are exaggerating the situation, making it complicated for those who don't spend the time studying this, to understand what their own tax reporting requirements are. And it does not help that Double Tax Agreements (DTAs) are not the easiest documents to read. .
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- No one is lying. One important part of that video is at around 15:13 to 15;22 in the video (in Thai language), the Thai RD official very quickly (almost in passing) notes in considering assessable income, one needs to also consider if there is an exemption. This was not translated to English language by the translator (it was likely forgotten to be stated given a lot of other words needed to be translated at that moment). Why would the RD official feel the need to state that an exempted income (ie an exemption) needs to be considered in the context of determining assessable income ? If exempt income (ie an exemption) was part of assessable income there would be no need to state such. Clearly then, if income is exempt, it is not part of assessable income. I ONLY discovered that by having Google translate on while watching the video. I would be interested in a native Thai speakers translation of those words. In most locations in that video, when referring to the need to get a Thai Tax ID Number (TIN) and file a Thai tax return, the term assessable income was used. That is very important - for if the income is not assessable, then there is no need to include such income (that is not assessable) in the decision whether a Thai TIN or a Th tax return is needed. This totally supports what is in the Thai Tax code (re: exempt income means not to be included in a tax calculation), re: Royal Decree-18 (calling up DTAs), re: Royal Decree-743 (for selected LTR visa categories), and re: por.161/162 where those documents refer to exempt income. It is also consistent with the Thai RD not including any field in ANY tax return to list as a deduction exempt Income. It is good to have that clarified in that video - even thou one is forced to look at the Thai words from the RD official (which the translator missed to translate).
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Far enough. Thankyou for the suggestion as to how to go about this in the future if ever needed.. At present time such 'written tax documents confirmation' is generally not required by immigration in Thailand when going for an annual extension.
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And as pointed out to you dozens of times, that the exempt income covered under Royal Decree-18 (DTA exempt), Royal Decree-743 (LTR exempt) and Ministerial Directives por-161.162 (exempt foreign remitted savings/income before 1-Jan-2024) are in practice treated by the the Thai RD as income that is NOT assessable income. You have been provided evidence there by pointing out to both Thai and English language Thai tax returns from 2017 to 2023 ,and also the Thai tax return form for year 2024. Again evidence that such income (by its absence in the exemption iists) is treated as income that is not assessable by the Thai Revenue Department. This means this not assessable income is not to be included in the calculation of the threshold for submitting a Thailand tax return. This is 100% per Thai law. And yet you persist in this misinformation. You really should stop doing that spread of false information.
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The determination whether a tax return is required is based on assessable income. You have already had pointed out to you that Thailand has in the past treated tax exempt income (that is not listed in the Thai tax return form exemption list) as income that is to be considered not assessable. Such exempt income is exempt in Thai tax calculations. This is the case for income covered under por.161/162 as exempt taxation, per Royal Decree-18 (and relevant DTA sections) and Royal Decree-743 (LTR decree). Hence such tax exempt income, being not assessble, is not to be included in the 60/120/220 calculation you reference. All you are doing is scaremongering those who don't know better and spreading incorrect information. You really should stop doing that.
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At this stage there is no general requirement to show immigration any Thailand tax information to get an extension of one's permission to stay in Thailand Maybe that will change in the future, maybe it won't. Maybe there will be another tsunami tomorrow that will wipe out all of southern Thailand also. Speculation? Absolutely. Do I think such will happen again? No. Not in my lifetime. But to post with no qualifications that such a (unlikely) requirement will come to pass and not say such is the pure speculation that it is, ... is simply scare mongering. I am 100% in agreeing Thai law should be followed. But I am also 100% against scaremongering based on one's own paranoia.
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This is an old thread, but given its the only thread devoted to the Canadian and Thailand Double Tax Agreement (DTA) I thought to update this a bit. What Jaggg88 noted in September-2023 was relevant. But then it was further clarified in November-2023 by Por 162. Together the common interpretation for the Por-161/162 combination is that any foreign income/saving remitted to Thailand prior to 1-January-2024 (remitted at any time in the future) is exempt tax will not be taxed by Thailand. Further tax advisors (on the internet) have noted it is to be treated as income not to be considered assessable income. That is important as it also means such income will not count toward the threshold whether a Thailand tax form need to be submitted. Further, Royal Decree-18 notes foreign income from DTAs may (dependent on the DTA) be treated as exempt income by Thailand. In the case of Canada, OAS, CPP, and likely RRIF/RRSP income would fall under that category given the wording in the Thai-Canada DTA. This means such Canadian pension related income is not taxable in Thailand as it is exempt. As an aside, the Canada-Thai DTA can be located here. https://www.rd.go.th/fileadmin/download/nation/canada_e.pdf Further to the above, non of the Thai language nor English language tax return forms have a field for deducting DTA exempt income. This suggests such income is not to be entered into a Thai tax return. Nominally not including income in a Thai tax return is for cases where the income is not to be considered assessable income. This in turn indicates the tax exempt Canadian pension (or similar remuneration) income is exempt from the calculation of Thai taxation and it is not to be treated as assessable income by Thailand. And from that one can infer that if it is not to be considered assessable income, then it does not factor into the equation for reaching the financial threshold for deciding if a Thailand tax form needs to be submitted. Recently there is a youtube video ( https://www.youtube.com/watch?v=wEpTYIjXCqE ) which explores a bit possible taxation obligations of expatriates (focussing mainly on USA expats) but it does touch upon Canadian pensions, where the opinion of the video blogger (chatting with a tax advisor) is that Canadian pensions are not taxable in Thailand and are not to be considered as assessable income, and hence not included in a Thailand tax return, nor is a Thailand tax return required IF (that 'if' is important) this is one's only income in Thailand. Of course such pensions are taxed in Canada. In conclusion, I found it useful to have that 're-enforcement' from a video that such Canadian pensions are not taxable in Thailand and are not to be part of a Thailand tax return. .
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Royal Decree 18 came out over 1/2 century ago noting selected DTA income is tax exempt. For over 1/2 century there has been no location to list such DTA exempt income as tax exempt in any Thai tax return ( why? ... because it is not to be considered assessable income). Such a DTA tax exemption in an exemption section is not in the Thai language 2024 Thai tax form. The English language forms typically do not deviate much from the Thai language. So the 2024 English language won't likely deviate much. And you still believe the Engish language 2024 Thai tax form will save your opinion in a discussion you lost? Good luck there.
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So that which I quoted of your post is a joke, given you are still posting here and still failing to admit your mistakes re exempt income. Why bother post here if not worried? You can't be here to help others as your views are wrong. You still won't admit you posted wrong information when you stated that other than pre 1 Jan 2024 there is no foreign remitted exempt income. You still can't explain why there is no place on Thai tax forms for tax exempt foreign income to be deducted. You till refuse to understand that tax exempt foreign income is not to be considered assessable income and hence not to be used in calculating whether a Thailand tax return is required.
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Its not always that simple. My Thai wife applied for a Thai TIN for me online (it took about 15 minutes by time all documents were uploaded) ... application went to Bangkok main RD office. They forwarded the application to the Phuket RD office. An official of the Phuket RD office phoned my wife and myself (talking only in Thai language to my wife) and after a chat (more than 15 minutes) advised he would not give me a tax ID given my financial situation. He advised I should not file a 2024 tax return form. So it does not take less than 5 minutes for myself (it takes longer) - and I understand others also have had their TIN application rejected. It really depends on each person's financial situation. .
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... and the instant you put any tax exempt income (due to DTA - if your DTA has such exempt income flagged) on the Thai tax form , and try to incorrectly force same exempt income into an exemption field which is not appropriate, your exemption will be denied (as there is no place for such exemption in the tax forms) and you will pay Thai tax on your exempt income that is in fact not to be considered assessable. I hope your savings (per por.161/162) last you for a very long time, such that you only remit your pre-1-Jan-2024 savings, and that you don't screw up with regard to your thinking on income that selected DTAs note are tax exempt (and hence are not to be considered assessable).