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Felt 35

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Posts posted by Felt 35

  1. 2 hours ago, stat said:

    You failed to read my two examples. Do you understand that there is no need to change any DTA in the given examples in order to have a substantial negative impact on your tax bill?

     

     

    Failed was a very harsh word to use IMO. I'm no financial tax advisor and it wasn't a advice to anyone just the fact that a DTA between two countries can not automatically just be changed over the night to fit new ideas in one state.

    Anyway, I don't have any prerequisites to know the rules in Germany vs a tax agreement with Thailand, but it reminds me a bit of how it was at home until about 2008-9. i.e., to pay tax for individual people with, for example, a pension was a bit of a goodwill issue here in Thailand.
    When you mention tax on capital income, bank interest, and fund placement, I mean previously to have seen it mentioned in this thread that it was only in case of a possible transfer to Thailand, but I now see that it is a question of capital income regardless of whether it is transferred or not and then I myself will be affected, even if the interest I earn in a year is a pittance in the grand scheme of things.

    Felt

    • Thumbs Up 1
  2. 20 hours ago, stat said:

    They do not need to change the DTA. Example: beforehand no tax on capital gains in Thailand, now you have to pay capital gains tax on remittances. There is no DTA involved if you only live in Thailand in cap gains case.

     

    Next example German pension: Beforehand TH has taxation right but did not tax it; after 01 Jan 24 you pay income tax on German pension if remitted to Thailand. And again in other cases, if you want to use a dta you must provide tons of translated documents and be willing to go to court. If the disputed tax is 50K USD and above maybe worth it, everything under 50K not worth the time and effort.

     

    PS: May I ask you in which capacity you provide financial advise in order to make the above claim about DTAs in general? There are people on this board including me who work in banking and provide tax counsel in international tax matters FYI.

     

    Nothing else than experience of following one DTA the last 15 years which stipulate that I shall pay tax on what's actually transferred to Thailand and what not is transferred are taxed in home country where I have to prov with English language Thai tax payment certificate and Thai certificate of residence annually. That DTA will not be changed 1. January 2024 so I will still pay tax on anything transferred to Thailand, either its pension income or savings. My bank home has my TIN and so have naturally home country's tax department. I prov my transfer to Thailand with an annually statement from my bank here and because the info they already have at my home country's tax department it's a "see through" for them if I have transferred anything to a second Thai Bank. I understand that many countries have different DTA`s so I absolutely understand many people's confusion and frustration and I think but can absolutely be wrong that many DTA`s need renegotiations or most likely an additional tax clause for they based in Thailand and that can be negotiated between the relevant country and Thailand quite quickly.

    Felt

  3. Well, I stand corrected after a visit to Immigration with TM 30 and all other necessary documentation from landlord for new address registration. Then Immigration told me you are already registered online with new address so what can we help you with? Bummer😯 but I'm old and old fashion and "hang" in the old system and don't really fully get along with online this and online that. Anyway, thanks to all inputs. Edited, immigration also told me then as online registered I can do the 90-day report here on my "away from family" address.

    Felt

     

    • Like 2
  4. 57 minutes ago, Expat68 said:

    By law you are not allowed to live in another province to the one you are registered at (you can be deported) Just change your residence and you should be ok. When Thai immigration visited our house 3 months ago I asked them the reason, they said because people live elsewhere to where they are registered 

     

    That's how I thought it was, but what does the law say? In any case, I will "work" with the landlord to get them to draw up a lease for 5 months.

    Felt

    • Like 1
  5. 2 hours ago, Red Phoenix said:

    You are not a prisoner, confined to stay at your official address for Immigration purposes.

    The 90-day report is nothing more than a confirmation from your part that your official address for immigration purposes is still the same and has not changed. 

    As you are on a 1-year extension of a Non Imm O Retirement Visa, there is no reason for Immigration to check whether you are 'always at home'.  And in the extremely rare case that Immigration would want to visit you, they always phone beforehand to avoid that they make the journey for nothing because you being on holiday in another part of Thailand.

     

    Good to hear I'm not a prisoner😌🙂 Do you have any recommendation on when I should do the online report as the next 90 day report is 13 Jan 2024 and two weeks before that date is 31 Dec 2023 and the Thailand New Year holiday has started and all official offices are closed and at the same time as I checked Thai Immigration's website, an advertisement popped up on the Immigration website saying that December 29 is also a public holiday! 🤔

    Felt

  6. 50 minutes ago, Red Phoenix said:

    There are 3 options for doing the 90-day report:

    1- Doing it in person at the Imm Office where you have your official address for imm purposes - then it has to be done during the window from 14 days before due date till due date, but when doing it in person you also have a '6 day grace period'  allowing you to do it without any repercussions until 6 days after due date.

    2 - Doing it on-line, using this web-link > https://tm47.immigration.go.th/tm47/#/login

    then it has to be done in the window from 14 days before due date till actual due date (and there is no grace period).  Note that the program does not allow you to report when you try too early or after due date.

    Depending on the Imm Office you are reporting to, the confirmation can be quick (same day) to very slow (sometimes arriving AFTER due date).  So when doing your 90-day report on-line it is recommended to do it as early as possible (14 days before due date).

    3 - Sending it by mail.  Generally not recommended, as in that case according to Imm procedures they need to receive your 90-day report 15 days before due date (although in practice they seldom adhere to that ridiculous time-line).

     

    Okay, but what is the point of 90-day reporting and can it be legal to do that online since in this case I am reporting the address online from a different Provins than where I have my registered address and are supposed to be found and if for some reason Immigration wants to contact me or do one of these checking's on where foreigners actually are staying in the country, what then?

    Felt

     

    • Like 1
  7. Last year and I will do the same this year, I stay in another province 5 months of the year than where my main address in Thailand is registered (where the family lives). Last year I changed my address to avoid and travel halfway around the country for a 90-day report and am thinking and doing the same this year, but allow me to ask if there is another legal solution?

     

    Regarding the new online registration form used by apartment hotels for Immigration which I got a copy of from the apartment hotel. Its just an A4 sheet with the Immigration emblem in the top left corner, followed by check in date/number of nights of stay and under that my passport number, citizenship, first name/surname, gender, date of birth.
    But the apartment hotel has not filled in anything under telephone number, date of issue, TM number (not actual), visa type, expiry date of stay or point of entry. Still they say this is ok and the way they do it. Is it okay?

    Btw, retired and on Non-O retirement visa.

     

    Thanks

    Felt

  8. No, and personally I would not have moved anywhere as a pensioner. Of course, it depends a lot on how you are doing where you come from and the possibility of good health help as an aging person, but that math is quite clear as most of us will not get any help outside our own borders without a fat wallet and it was not those with fat wallets this subject was about as far as I understand.

    Felt.

    • Like 2
  9. On 10/17/2023 at 12:05 AM, stat said:

    So far it is my understanding that only remitted income to TH will be taxed. However if you have not paid taxes on your interest in the other country then you cannot claim DTA shelter when you transmit.

    Apologize for double posting. Mod welcome to delete last post.

    Felt

     

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