oldcpu

I take from that your goal is to become a Thai citizen. That might incur even more tax on you, dependent on the DTA of your source company income. I don't think LTR would delay any effort to become a Thai citizen. If that is a 'blocking' point/concern for you, just pick up the phone and call BoI and ask them. The experience of many (from the LTR visa thread on Aseannow) is that Boi are very responsive to phone call queries.

There is no change re taxation of foreign sourced Pensions remitted to Thailand in year of income. So RD has then been silent going back to 2017 at least ( I didn't look at tax forms before then). Frankly, the RD silence suggests such DTA exempt income is not to be included in a Thai tax form. .. as has been the case for years.

Not in every DTA case. Some DTA make it clear that only the source country of a pension can tax such pension. In such case, per DTA. Thailand has no secondary tax authority for the specified pension.

True. But the omission of an exempt Section in the tax form for DTA exempt income is part of the discussion of an opposing view to yours. That's fair. I structured my finances with a similar motive in mind. Interesting. I would be surprised. But given TIT if it happens it won't be the 1st time that I have been surprised. Not really ... foreign Pensions for tax residents of Thailand have been around for years. It has always been the case that if a Thai tax resident remits income into Thailand in the year earned it is taxable, unless a DTA says otherwise. So IF ( per your view) it's always been that such foreign Pensions should be included on a Thai tax form (if remitted to Thailand in the year of earning) there should be a place to list such pensions as exempt per specific DTA. , ...yet going back to 2017 Thai tax forms ( I looked at each one from 2017 to 2023) there is no place to list exempt pension income per a DTA. There is more to this. This is not 100% new. So again I ask, why has Thailand deliberately omitted a place to list as an exemption such DTA tax exempt income on the Thai tax forms, going back years? Why?

If I understand your opinion, you believe that a Thai tax resident's foreign pension must be included on a Thai tax form ( if pension remitted to Thailand), even if a specific DTA with the source country of that pension has Thailand agreement that the pension is exempt Thailand tax. ie Thailand has no rights to tax. Please explain then why there is NO place on the 2023 Thailand tax forms ( neither Thai nor English language forms) for such income to be listed as tax exempt per the DTA that Thailand signed up to? Why would Thailand deliberately omit such?

As others have noted - when applying for the LTR, one does not have to lay all their cards on the table. Only the card's needed to get the LTR per BoI requirements. Perhaps only those who 'borderline qualify' for the LTR had to lay all their cards on the table.

You need to get a tax ID number first. I suppose you could just show up at your local Revenue Department (RD) office, with all your needed paperwork , and try to file your tax return then, but i suspect you would be missing some paperwork and have to do one or more trips back home to get the paperwork. You would need to bring paperwork to both (1) get a tax ID number, and (2) supporting financial info for your tax return.

I note the word "established for voluntary participation between companies and employees, serving as a source of funds for employees in cases such as resignation,　retirement, .." .... Is that not what a pension is? Is that ONLY for Thai Provident Fund and not for a foreigners (because it has to be governed by the Thai government, while a foreign pension is not governed by the Thai government)? I find this interesting. MR.126(36) notes: Again, recall MR.126(36) is the footnote-12 of tax code section-42(17) which lists tax exemptions that are not to be included in a tax calculation. This brings to mind where someone(?) / more than one(?) ,... on AsianNow went to their local RD and were told that if they were on a pension then they had no tax obligation (ie their pension income not to be included in a tax calculation). Of course - others went to their local RD and were told their pensions were DEFINITELY taxable (which happens to be my view - if not excluded in a DTA). I assume then, looking at the quote of your post, that this refers to only Thai person's pensions governed by the Thai government , and not foreigner's pensions (that are governed by the foreigner's government)? That seems a bit unfair. ... But I guess This is Thaliand.

I saw those foot notes before, but did not spend much time going through them. This time, I also asked myself, must the Ministerial Regulations be confined to those listed in a footnote? ... and I also asked, if subsequent to Ministerial Regulation No.126 (B.E.2509) there were newer Ministerial interpretations and/or Royal Decrees, must they also be included as a consideration in Tax code section 42(17). I speculate the answer is yes, ... but then speculation is just that ... speculation. Anyway ,those 95 !! exemptions in MR.126 was an interesting skim through, albeit I was getting very fatigued toward the end. That Ministerial Directive 126 does not state its exact date that I could decipher. I note already some of its has been repealed by Ministerial Regulation No.307 (B.E.2558) - and that in particular was reflected in that recent unofficial translation (the link to which you posted). While that specific repeal is not relevant to our discussion, it makes me wonder, if other Ministerial Regulations exist that have repealed or added relevant sections for Ministerial Regulation No.126 , but not yet reflected in the latest MR-126 version ? And could that also be the case for recent Ministerial interpretations/instructions (such as POR-161/162) and the Royal Decree 743 (LTR). Anyway, I note in the MR-126 you linked: Item(36) in MR-126 regarding provident funds appear to apply to certain types of pensions. It does not state these provident funds must only be Thailand provident funds. There other sections more specific to pensions. But I speculate this could apply to certain pensions also flagged as tax exempt in DTAs. I thus speculate with Item(36) in Ministerial Regulation No.126 (B.E.2509) as called up by Section-42(17) of the Thai tax code, one could make a legitimate argument that exempt income (such as that specified in certain DTAs) are not to be included in a Thai tax calculation. Slightly off topic, in MR No.126, I noted Item(62) on condominium sales and exemptions if person is properly registered ( I suspect registered via yellow book registration) was an interesting surprise to me in regards to limited tax exemption when selling the condo (although it only goes as far as the 'appraised' value which is typically less than the sale value. While scrolling through the Ministerial Regulations I also stumbled across this wording on Double Taxation Agreements (DTAs) on the Thai RD web site: https://www.rd.go.th/english/21973.html In particular I note the words: So clearly there are incomes from foreign countries, that are exempt Thailand taxation by the "exemption method" to avoid double taxation (and are NOT to be confused with incomes from foreign countries where double taxation is prevented by the "credit method").

...and as I pointed out section 42 of the Thai tax code goes one step further than section 40 and it lists income that is not to be included in the Thai tax calculation. Item-17 in section-42 may infact be very relevant. Only quoting section 40 is IMHO cherry picking.

Exactly. But rather than point a finger at the stupidity (?) those who listen to Trump's spins or lies, or point a finger at the stupidity of those who listen to Musk when Musk is trolling, ... no ... instead we read of many who ignore the stupidity of such blind followers.

I agree its puzzling. In fact, if one looks at the Thai page, the tax year 2024 Thai language and even the Thai 2025 Thai language tax year forms are available. On the English language page only up to year 2023 English language tax forms. I did try to compare the 2023 Thai and 2023 English forms (where I translated the 2023 Thai forms to English with Google translate). A large part of them are identical, but not 100% identical. The differences thou, did not appear to me to be related to exempt income. Nothing in English language Thai tax form form 2023 for DTAs (nor LTR visa which was present in 2023). I suspect many of us are curious, and watching this with interest.

Thai tax code Section 42(17).

Again best wishes. Given there is no place on the tax return to list those pensions as exempt, and you likely (??) have to use a place in the tax return form not specifically intended for a DTA exemption, ... i am curious as to how the tax return will be received and initially evaluated by the RD. My guess is you will have questions from them, or possibly get an incorrect tax assessment by them. And then one is into the appeal process. But my guess could be wrong. It won't be the first time I have been wrong. After all, This is Thailand.

Best wishes in how this works out for you. We all need to look at our own financial situation and decide what is the best way forward. I knew that I would owe no tax to Thailand as I was under the LTR-WP visa, and my Canadian pension income was exclusively taxable by Canada (per the Canada-Thai DTA). However the 'big' question for me back in late 2023 was looking ahead, would I (in over a years time) need to file a tax return for upcoming 2024 tax year?? A quick look at the Thai tax return forms (from year 2017 to 2022 and later-2023 - yes I quickly looked at them all) was I could find no place for exemptions for my non-taxable (by Thailand) Canadian pensions, nor any place for income exemption from an LTR-WP visa holder (where one would expect the 2023 tax year form to have such). That is why I then read section-42 of the Thai tax code with interest (which states income not to be included in a Thailand tax calculation) and are leaning toward that section indicating such income is not to be included in the Thai tax calculation. However - I also am no tax expert. So I decided to bring no income into Thailand for tax year 2024. Then my Thai wife (who was equally puzzled as myself) tried to get a tax-ID for me (she filed on-line, and it went to Bangkok-RD, and was forwarded to the provincial RD where I live). A provincial RD official phoned my wife and I advised since I was not bringing income into Thailand (for tax year 2024) and since I had no Thai income, I did not need a TIN and did not need to file a Thai tax return for 2024 tax year. When my wife asked more questions, the official could not answer such, said he would call back, and he never did. I do think every expat should seriously look at their own tax situation, and make a judgement call as to what they should do. For certain, the current tax forms (year 2023 in English, and also google translation of Thai year 2024 tax form) have no place on them that I could find, where one can list income exempt due to a DTA (such as your case), nor income exempt due to Por.161/162, nor income exempt due to the LTR. Which is why I believe Thai tax code section-42(17) is very relevant. I guess we will find out with time.

I think I saw it and it made no sense in regard to exempt income. I suspect that would totally confuse anyone in the RD other than her.

Out of curiosity did you find a location on the Thai tax form to list it as exempt?

I don't see this as definitive as you. I would counter that POR 161/162 , Royal Decree, and even DTAs are intended to clarify (or be used in parallel with) Ministerial Regulations and the tax code, and as such, are to be included in the category of Ministerial regulations. Do I know this for certain. No. Obviously not. Which is why, despite my being on an LTR visa, I brought no money into Thailand in tax year 2024, and until this is clarified I can easily go a few more years at my same life style without bringing more money into Thailand. By then I hope there is more clarity. But - if I had to bet - I would bet my interpretation correct. Fortunately, I do not have to make that bet. .

That seems quite clear to me. Pensions need to be filed. DTA's will then determine whether they are subject to Thai Tax or only taxable in home Country. TEDA's and pension Credits will determine whether you have any tax to pay. I disagree with part of what you posted. I believe it is more complex than what you posted. Section 40(1) is NOT the only section in the Thai Tax code. OK? Please note: Section 42 The assessable income of the following categories shall be exempt for the purpose of income tax calculation: (1) ... (2) ... (17) Income prescribed for exemption by Ministerial regulations. ... Ok? That begs the question ... are POR.161/162, Royal Decree 743 (for LTR visas) and Thailand Double Tax agreements included under the category of Ministerial regulations? If they are, then what they may say about tax exemption is very important, as any tax exempt income noted by them is not to be included for the purpose of income tax calculations (per Section 42 of the Thai tax code). Ok? So if one's DTA (for example such as the Thai-Canada DTA - which says only Canada has the right to tax a Canadian sourced pension or similar Canadian sourced remuneration), then such income if remitted to Thailand is exempt for the purpose of income tax calculation. If that is one's only income, then one has no income to be included for income tax calculation, and hence if no assessable income one does not meet the threshold of assessable income for filing a Thai tax return. Clearly eveyone's financial sitution is different but the point is that there is more to this than just section 40.1. The second point is everyone needs to evaluate their own financial situation and be careful of blindly following anyone's general guidelines.

My understanding is that in September-2023, when Paw.161 came out, that RD 'order' / 'interpretation' noted all remitted assessable income into Thailand is to be included in the Thailand income tax calculation (if one is a Thailand tax resident), effective 1-January-2024. At that point, in the days after that, to manage our tax exposure, many of us brought savings into Thailand asap (in remaining days of September/October and part of November-2023). This is likely what you are referring to. And with only Paw.161 by itself, that made sense. Then later on 20-November-2023, Paw-162 came out, stating Paw.161 did not apply to any income earned/saved from foreign sources prior to 1-January-2024. Hence paw-161/162 in combination, suggest any income prior to 1-Jan-2024 can be brought into Thailand anytime in the future and not be susceptible to Thai taxation. Note this is my view/understanding, and I am by no means a tax expert.

"if that is the RD's intention." ... perhaps that is the key qualification. Is the term " RD " just the senior managers in Bangkok, or is it all RD across the country? And do the tax forms now properly reflect current policies? As it stands today, I think one can make an argument that given Thai tax-code section-42 has a list of income that is not to be included in a tax calculation, ... then that could mean such income (noted in that article) is not required to be included in a tax return. So if that speculation correct, then looking at the list of exempt items, there is Item-17 in that article's list which notes income exempt under ministerial regulations should not be included in a tax calculation. Does Paw-161/162 (covering pre-1-Jan-2024 income) and Royal Decree-743 (LTR visa) and various country DTAs come under the terminology of ministerial regulations. And does the DTA with one's source country exclude Thai taxation on one's relevant remitted income ? If they do (and if foreign income excluded per DTA (this needs to be checked)), and if the above speculative interpretation is accurate, then there is no need to list such associated income in a Thailand tax return. And if there is no need to list such in a Thai tax return, then there is also no need to list such income as exemptions in the exemption section (so then it matters not if such is not in the exemption section). And if those incomes (covered as tax exempt under ministerial regulations) are one's only income either in Thailand, or remitted to Thailand, then there could be no need to submit a tax return. Is that accurate? I don't know. It does have me wondering about this. I am most curious to watch how this evolves over the course of the next few years.

That is not precisely my understanding. Although perhaps I read you words that i quoted wrong . My understand, per paw-161/162, that any foreign savings/income from BEFORE 1-Jan-2024 remitted to Thailand anytime in the future, is not subject to Thailand tax. However any income earned AFTER 31-Dec-2023 remitted to Thailand any time in the future may be subject to Thailand tax (dependent on specific content of DTAs and perhaps LTR visa category). Maybe that's what you were typing and I my interpretation found the wording ambiguous.

Except if audited the Thai RD may assume remittances are current year income, and it is best to keep records to prove such is not current year income (consider is such is assessable or non-assessable given other factors such as is money pre-1-Jan-2024? is money 'protected' from Thai tax by a very specific DTA clause? is one on an LTR visa? ).

No. i"m not suggesting such. I don't know the origin of that money, nor do I know the UK-Thai DTA details. I think if you can show that money plausibly could have come from pre-1-Jan-2024 savings/income, then all is ok. But regard to money derived from tax year-2024 and remitted into Thailand ? You need to check the UK-Thai DTA.

I don't know. I doubt that it does. I have read no documents stating nor suggesting that the LTR provides a path to Thai citizenship. I do believe if you became a permanent resident or citizen of Thailand, you would immediately lose all benefits that come with an LTR visa.