oldcpu

Yes indeed !! I encountered this - although they only asked for my "residency" (they did not ask for "tax residency") and they asked for my "tax ID". I applied for , and was refused a Thai tax ID, because I was not bringing money into Thailand at present time (I brought a bunch in PRIOR to 1-Jan-2024). But the Thai RD official advised that my Pink-ID # (same number as on my Yellow Book) could become my Thai Tax-ID ONLY after it was activated (and the Thai RD official saw no need to activate). So for the bank and trading accounts that demanded my residency I gave "Thailand" and for my Tax-ID I gave them my "Pink-ID" number with the truthful caveat that it had not yet been activated in Thailand. That was accepted by them. I don't want to start a Yellow book/Pink-ID debate, but for any might who encounter this problem where a Thai Tax ID is demanded from a foreign bank or trading account, perhaps the approach I adopted might work for such.

Thanks. Interesting article. While in German language, one can easily translate with Google translate or DeepL translation. Article suggests (to avoid being considered a German tax resident) a. do NOT own an apartment in Germany that one uses regularly b. do NOT work in Germany Those appear to be somewhat obvious to me. One can visit friends/family for birthdays, weddings, Christmas,or just for fun - and use a guest room for up to 30 days without any risk. ... 30 days is a bit short ... When I go to Europe (from Thailand) I like to go for at least 2 months. But typically I only spend a few weeks in Germany in any given stretch during such European travel - and I will visit Ireland, or Scotland, or England, or France, or Spain during the 2 months (only the majority of my time traveling will be in Germany). I found it interesting to read that in Germany the left-greens have been calling for a tax liability based on citizenship in Germany for years, similar to the USA, but it is unlikely in the short term because it violates EU law. Shocking (that the left-greens push for such) ! And such violates EU law ?? I was not aware of any such EU law. Interesting ! I liked the confirmation that one does NOT have to close all of one's accounts and contracts in Germany to be a non-resident (that confirms what I have been doing is legal - which I thought it was). I thought the recommendation to avoid being active on the board and other activities (of German organisations) useful to know (to avoid being considered a German resident). I have been asked to be a remote member on the board of a volunteer organization in Germany, which I turned down as my being retired I did not want to work any more (but I still feeling guilty for turning this down ) and I see now I may have avoided a tax pitfall. I also use a friend's address in Germany for a (limited) financial purpose, and I read that is legal. It also notes the misconception that if there is no residence, that citizenship makes one liable to tax. That confirms my understanding from the Thai-German DTA. Overall - for me - an interesting read.

Again, you had me curious, ... looking at German-Thailand DTA, Article 4: That para-1 is key and it decides residency (ie the laws of the individual states). Para-2 is a 'tie-breaker'. Now again, for Germany/Thaliand, if para-1 indicates one meets the criteria of being a resident of BOTH countries, the case is determined by the details of para-2, and it goes on to note 'permanent home' being a reason, and 'nationality' be a (tie breaking (my words)) reason for deciding whether a resident of Thailand or of Germany. But AGAIN, the sub clauses to para-2 are only applicable if "by reason of paragraph-1 an individual is a resident of both Contracting states". So paragraph-1 is KEY. If one is NOT a resident per para-1, then para-2 (which has 'nationality' as a potential criteria) is not applicable.

I can't speak for other countries - but for Canada, because I have Canadian investments and pension (and old age security) income, I have to file a tax return to Canada every year. I have not been a resident in Canada since 1999 (and I have a letter from Revenue Canada confirming I am NOT considered a Canadian resident), but once my Canadian income reached a certain point, Revenue Canada still wanted (and still gets) an income tax return from me.

Yes, but one must 1st be considered to be a resident of both states - and meet the residency requirement. In Thailand it is the 180 day number. I don't know what it is in the other state, but possibly a permanent home. If one does not meet the residency requirement of both contracting states, the residency does NOT revert to citizenship from what I read in what you quoted.

Re DTAs - you had me curious. So (mostly for hypothetical curiousity in my case) I took a look at the Thai-Canadian DTA: Looking at Canada-Thailand DTA, Article IV: Para-2 applies to someone who is a resident of BOTH contracting states. THAT LEADIN is VERY IMPORTANT. For what if one meets neither residency criteria of para-1? As noted, I already have a letter from Revenue Canada noting I am not a Canadian tax resident. Further, Thailand now defines a tax residence as to being someone who spend 180 days or more in Thailand. Para-2(c) of Canada/Thai DTA does state However that QUOTE Above is from Article IV, para-2(c) the lead in to para-2 is clear that para applies to apply to a person who is already a resident given the criteria for both contracting states - and this is needed to decide of which state one is a resident. It does NOT state one MUST be a resident of either country. IMHO , in the case of Thailand/Canada, just because one is a citizen, does not mean para-2(c) applies. I do plan to be a Thai resident - but its always useful to know the possibilities when reviewing one's plans.

I confess I had never heard of tax residency 'reverting' due to citizenship ... [and of course in case of USA citizenship, one is always liable to tax due to citizenship and not residency] I had always (possibly mistakenly) believed that in addition to permanent assets in a country that residency continuity is a factor. I have Canadian citizenship. After my moving from Canadian residency to German residency (before year 2000), I obtained a letter from Revenue Canada noting I am no longer a Canadian resident. Since then I have NOT increased my 'ties' to Canada. I now reside in Thailand (since 2019) and Germany no longer considers me a resident of Germany (and I have a letter from Germany noting such). While I currently spend > 180days/year in Thailand, I suspect if I were to spend (say 179 days in Thailand), and 60-days in Canada, 60-days in NewZealand/Australia, and 61-days in Europe), as long as I did not set down any big 'roots' in any of those countries, I don't think any of those countries would consider me a 'tax resident'. Possibly, as pointed out previous, the key factor is that banks in countries such as Canada and Europe wish to know one's residency for their records. To satisfy those banks, I think one could accurately and legally state Thailand is one's residence given the ~179-days present in Thailand (even if it is not a tax residence). Further, in that hypothetical case, given one is not a Thai tax residence, I don't think one's tax residency would automatically revert to either country (ie back to Canada or back to Germany). I note that 'tax residency' and 'residency' may not be the same thing. But I could be wrong.

I bit off topic, but I have accounts with both Bangkok Bank and Krungsri bank. I like Bangkok bank for transferring funds into Thailand (where for large amounts it is much easier to transfer large amounts of money into Bangkok bank than into Krungrsi Bank). I also like Bangkok bank for easy of currency exchange if one has different foreign currency accounts with the bank. On the other hand, if one is with Krungsri bank (and on a non-immigration type-O/OA visa), Krungsri bank is typically FAR superior to Bangkok Bank for quickly providing the one-year statement and accompanying letter needed by most immigrations at visa extension time. Bangkok bank is painfully slow there. Also Krungsri bank, offers a number of perks (with less money needed in the bank than Bangkok Bank) than Bangkok bank offers for such perks. The perks are things such as free access passes to local Health Clubs, free passes to Airport Lounges, use of the bank's VIP room, etc ... One needs a lot more money in Bangkok bank to obtain such. As for bank interest - I can't provide any comparison there. Best wishes with your Bangkok Bank account. .

Thanks for the correct working link. That article appears to me to indicate some contradictions. It states: OK - we have heard the head of the RD state that before. Then the article notes ... .... it changes from a RD quote to BOI, and mixes "personal income tax" with "large multinational corporations" .... I find that VERY confusing. It then refers to "relief measures": and just what is meant by relief measure? Further it states: Correct me if I am wrong, .... but promising to tax more typically is NOT the way to draw in foreign investment. The article reads like a mishmash written by someone who is not trying to provide a clean reporting of the news. In summary - I think a very poorly written article.

This is true - typically thou with a non-immigrant visa (type-O/OA) with a 1-year extension, most banks will allow one to open a bank account. I know in my case in Phuket (with Krungsri bank) having a non-immigrant visa only AFTER I produced my yellow-book + pink-ID, would they then allow me to open an account (over a year ago). They were motivated thou to open the account, as I was about to transfer a somewhat large amount of money into their bank. When the 10-year LTR visa came account, the banks had not yet heard of that, and I was told (by the bank manager of a Krungsri branch in Phuket) that both their branch and the branch of another bank (SCB ? ) in the same shopping mall were not allowed to open accounts for LTR visa holders due to central branch policy. However that all changed within a couple of weeks after a new policy came down. I sometimes think these policies tend to be dynamic - and might reflect the current central bank branch considerations in regard to their finances - where from our perspective as expats - those policies often don't appear to make sense.

Thanks for your post - but I am a bit confused. Was it TTB bank that forced you to withdraw the remaining 50% and close the account? or was it your new Bangkok Bank account?

As noted - there are already a number of threads on this. and honestly, IMHO, it is still confusing. The Thailand RD issued a Revenue Department Instruction (Por 161/2566) which in essence stated anyone deemed a Thai tax resident and having assessable income from outside of Thailand would have that such income taxed by Thailand in the year when the income was brought into Thailand from 1-Jan-2024 onwards. That was subsequently clarified further in a Revenue Department order (P. 162/2023) that the assessable income arising BEFORE 1-Jan-2024 is not covered by Por 161/2566 (ie savings/income from outside of Thailand before 31-Dec-2023 is not taxable in Thailand). Some purported financial experts noted these are Revenue department instructions and orders, and not law - and they suspect such could be challenged in court. I would not try challenging such myself, but you asked about law, and to the best of my knowledge those department instructions/orders are not in themselves law. Now the head (and senior managers ) in the Thai Revenue Department (RD) have been publicly quoted as stating they want to expand the tax envelope of Thailand even if the income is not brought into Thailand, so to tax all global income of anyone resident in Thailand for >180 days in a taxation year. This is not law, but the senior managers in the RD note they want to do such. There may also be Thai law (or Thai RD instructions/orders - I don't know which) that specify at what point one must apply for a Thai tax ID and file a Thai tax return. Such information is scattered in the noted threads. Given the instructions/orders are not law, ... given there may be exceptions (such as selected LTR visa categories), and given Thai RD wants to increase the taxation envelope further, I think it fair to say there is a degree of uncertainty here. Some of us hope there will be more clarity this month when the Thai year-2024 blank tax forms are available for filling in (which I believe typically happens in November each taxation year) - but I don't hold an answer here. Likely you can get a far better answer than what I can provide, if you dig through the many threads - but I warn you - its "heavy going" (at least it has been for me).

My understanding is if you teach English in Thailand and earn a salary in Thailand from such teaching then you will have to pay tax on Thai derived income even if you stay less than 180 days in Thailand in a taxation year ( which I believe means file a Thai tax return).

Depending on where in Thailand you live, it can be a pain to get. It was not easy for myself in Phuket. For myself, the only occasion both Yellow book & Pink ID were of significant value ( and I had no other easy alternative) were on a few occasions where I could use the Yellow book /Pink ID # in lieu of a active Thai tax ID ( with an accompanying caveat that it had yet to be activated as a tax ID). This was significant benefit for me in helping to get an LTR visa ( tax ID# needed to buy Thai government bonds to show investment in Thailand) and to unfreeze a bank & trading account in Canada, being frozen until I either produced a foreign tax ID or closed the accounts. At the same time I was refused a Thai tax ID as I was not bringing money into Thailand & I had no Thai income. But the local Thai RD advised my pink ID could be my tax ID after it was activated. A passport # nor any other ID would work in the noted experience of mine. This saved me a massive amount of money as I was able to unfreeze a large amount of funds in a Canadian trading account ( and open a new Canadian account) and fortunately reinvest it in a timely manner, with a substantial financial return. This is a rather remote example and given the pain/ annoyance to get the Pink ID, I do not believe it worth the effort for most ( although obviously it had a massive benefit for me). However those with large overseas accounts may wish to take note of their foreign financial account regulations and policies.

I see your point - but I was specific to a specific poster - DON'T TAKE ME OUT OF CONTEXT. Further the vehemence in posting disrespectful comments about Thailand, when Thailand considers applying taxation that is common in most western countries, frankly, shows the vehemence is IMHO in poor taste. That is not a lack of empathy on my part. That is an annoyance on my part at their disrespect for Thailand - when the world is a big place for them and their money, and where Thailand has other options such as LTR visa. But as you say, we are each entitled to our own opinions. Clearly our opinions are different. One individual poster suggested such taxation could cost them millions of dollars. I dare say for that amount of money, all they need to do is a relatively very small amount of financial restructuring to meet the LTR visa requirements. The 50k THB fee (cheaper than a Type-O/OA over a 10 year period if multiple re-entry included) is a no-brain approach for anyone complaining they could pay tax on that amount of money. After getting the LTR visa they can then watch to see what happens from financial perspective. Further with that sort of money (claiming it costs them millions in tax) they could easily stay 181 days OUTSIDE of Thailand and have a wonderful residence both inside and outside of Thailand - and easily afford 1st class flights back and forth. Again - the vehemence toward Thailand (by those who claim they have a lot of money) is disrespectful and not helpful for those who are trying to understand the system better.

Someone who speaks / reads Thai could possibly best answer what it states on the back of the card,... but from what I can understand , the card IS valid outside the issuing area if one has additional identification to accompany the card (where I suspect a valid Visa in one's passport would suffice in that case - or possibly just an image of one's passport and visa on one's smartphone). I've never put that to the test. When going out of province, I take my passport. I find the Pink-ID most helpful in different areas.

IMHO if IMHO than perhaps Thailand is not the place for you - if this is mostly about money? The world is full of fabulous places - and for many of us, where we live is not all about money. For certain, my decision to retire in Thailand was not only about money. I think we can ALL think of over a dozen countries in the west where the capital gains costs will be worse than Thailand. But if money is the issue - well, as noted - the world is large. Reading this thread (and others) it appears that for many that living in Thailand, for them, is all about money. Which is fair, but as I noted, then perhaps Thailand is not the right place for those with such a view? ... Just saying.

With regard to the LTR visa, the translations I have read of the Royal Decree state that foreign assessable income is tax exempt for certain categories of LTR visa holders. From what I read the Royal Decree for the LTR visa does not state foreign income is "not assessable". Rather its tax exempt. Does that difference in terminology matter? I don't know, but I suppose it might. It also could be quality of unofficial translations of the Royal Decree that I read are inaccurate. So its not yet clear to me if a Thai tax return will be required for assessable but tax exempt income. I hope a tax return is not required. I have an LTR-WP and until this is resolved I am not remitting money to Thailand. I am fortunate that the structure of my finances allows me to do such for a while.

Classified as tax exempt income? or classified as not assessable income? Note there is a Thai tax form where one is supposed to list their assessable income that is exempt tax. The difference in terminology might be important in being a factor in determining if a Thai tax return is appropriate for one with tax exempt assessable income.

For the Phuket Immigration office the volunteers web page can be helpful: https://piv-phuket.com/

I agree nominally its not needed. In my case it has come in handy. My Thai wife pressured me to get the yellow book & pink ID. Her Thai family (brothers/sister) thought it a bit funny, as they believed the pink-ID was nominally more for migrants from Myanmar or Laos (or other bordering countries) who are filling low paying jobs that the Thai nominally don't want to do. I do NOT know if that is true. They did laugh at the pink-ID. I do recall getting both the yellow book and pink-ID was a pain to get .... and took some time sitting in various government offices in Phuket. However my wife was insistent (and a happy wife is a happy life). 🙂 While the pink-ID is not needed, I can not deny it has come in handy on rare occasion. Aside from trivial discounts at national parks, the biggest (and not insignificant) use for the Pink-ID/Yellow book was when I was asked for a Thai tax ID by the Canadian bank where I have a large (for me) trading account. The Canadian institution wanted my Thai Tax ID Number (TIN) else they advised they would freeze my account (or force me to with draw everything from that account). Also, another Canadian institution wanted my Thai TIN before they would allow me to open an account with them. I had important financial reasons to open that account. Although I reside in Thailand for >180-days, since I haven't brought foreign income into Thailand since last year, the Thai Revenue Department (RD) wouldn't give me a Thai Tax ID Number (TIN). The Thai RD noted my pink-ID/yellow-book # could be my Thai TIN only after they activated it. They saw no need to activate it yet. So I passed to the Canadian financial institutions my Thai TIN, advising the Canadian financial institutions that the TIN was not yet active. They accepted that. That was a major benefit - but I concede most likely won't encounter that need. I also needed to buy some Thai government bonds as proof of part of my investment in Thailand for an LTR visa. The Thai bank advised they would only allow me to buy the bonds if I provided a Thai tax ID. Again, my pink-ID/yellow book number was accepted as a TIN (even thou not yet activated). So the Yellow Book/ID can come in handy at times. I do concede , it was a pain to get, and I suspect the vast majority of expats will have no need for such.

For those who dislike Phuket, it does mostly read that they base their assessment on Patong. My wife and I both live in the far south of Phuket, and we have 2 cars, so that we can each share our individual interests. I recall back in 1997 to 1999 (before I was married when a few times/month I would visit Patong) that parking in Patong was difficult, but doable. In the handful of years before COVID (on the occasional about once/year when I drove there to meet friends who were staying there) the parking was ugly and far far far worse than in 1997 to 1999. In my last visit (after COVID) which was about a year ago - parking was just as ugly as before COVID. I don't know of any expat who would want to live in Patong - yet many seem to judge Phuket by their Patong experience. I concede I can be selfish, and hope that many do judge Phuket by Patong, and thus stay away from the other more pleasant (for expats) areas of Phuket.

lol !! Try taking a tuk-tuk in Patong 🤣 [ie the "Phuket taxi mafia"] ...Having typed that, I think the taxi mafia hold is gradually being weakened (which is a good thing). Its been over a year since I last visited Patong - but it does seem to be the location by which many judge Phuket overall.

I like Chiang Rai. Would you have stayed there seasonally? During the first part of the calendar year, the air quality in Chiang Rai can be much less than desired IMHO - and that alone would drive me away at that time of year.

I don't think it has to. I suspect if one applies for a TIN and does not tell the RD that one has a yellow book/pink-ID, one might be given a different TIN (assuming one meets the RD criteria for issuing a TIN). But I believe if one advises the Thai RD that one has a yellow-book/pink-ID, they will then ensure that they are the same #. .