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jayboy

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Posts posted by jayboy

  1. 3 hours ago, JimGant said:

    If this cash flow came from pre 2024 savings, or from DTA exempted income, it's not assessable income. But nobody's going to parse this cash flow to determine what it is, or isn't. It will be you, the tax resident, to parse this cash flow.

     

     

    I was wondering whether it will be necessary to isolate the interest earned on pre-2024 savings.Most people with cash holdings tend to roll up the interest and capital on maturity of the deposit's term.Under the new dispensation pre 2024 savings are not taxable and indeed apparently do not even have to be declared on a Thai tax return if remitted.But the interest component is surely taxable and would be difficult to disentangle.

  2. On 1/27/2024 at 5:08 PM, Mike Lister said:

    the media has been letting everyone know, in no uncertain terms, that they are now required to comply with the tax rules and that they will no longer be ignored

     

    Not sure the media in Thailand has done a decent job in explaining the issues.In contrast the top Bangkok based firms have been helpful.For example

     

    https://www.mazars.co.th/Home/Insights/Doing-Business-in-Thailand/Tax/Revenue-Department-s-guidance-on-foreign-income

     

    Interesting to note the Mazars view based on RD announcements that income earned before 2024 does NOT have to be declared on tax return.Don't think this has been dealt with specifically on this forum.

     

    I'm not sure how interest on cash deposits arranged before 2024 would be treated.I suppose it's just another reminder to ensure comprehensive records are kept in case RD has any questions.

     

    Still not sure whether tax resident who funds entirely from non taxable pre-2024 sources needs to file a return at all.

  3. 47 minutes ago, impulse said:

    I'd take the drive from BKK to HH if I was in country that day...  Though I'm sure some BKK tax lawyers will do similar evenings.

     

    Would you? I looked at the respective  corporatewebsites of the speakers at this event - deeply unimpressive and , though I could be wrong, likely to be the usual bottom feeders on bewildered foreigners.

     

    I would suggest rely on the tried and tested Bangkok firms - Mazars, Price Waterhouse etc

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  4. 17 minutes ago, Mike Lister said:

    This is the same circuitous non sensicle argument that sent this thread round in circles and got it locked the last time. There is no explicit verbiage to say a foreigner must file when they only have overseas pension income, ergo they don't have to file.......it's nonesence and most rational understand that, the debate only confused people further

     

    I have no idea what this word salad is meant to convey.It doesn't really address any of the specific issues raised.Anyway enough is enough - for me anyway - and the position on tax returns in the past is  I think now clear enough.It would be ungracious not to acknowledge Mike's work on the tax issue in general for this forum.I do appreciate if one has for years submitted tax returns albeit unnecessarily and as part of tiny minority one looks for ways to justify it.Fair enough - it's not a big deal

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  5. 2 hours ago, Mike Lister said:

    There is nothing in the revenue code to say foriegners are excluded

     

    Nobody has said otherwise

     

    2 hours ago, Mike Lister said:

    no official source has ever said they are

     

    Nobody has suggested this

     

    2 hours ago, Mike Lister said:

    Sound legal advice at present is that those people should file

    Simply not true.You simply don't have the evidence to support this. A decent lawyer unlike a "by the books" accountant understands the art of the possible.

     

    I'm intrigued, though only mildly because the issue isn't really active, why you keep digging yourself further into a hole.

  6. 13 minutes ago, Mike Lister said:

    I disagree with that view and I'm certain the revenue code disagrees too. But I'm not prepared to go back through this discussion loop. Expats here using the income method using income earned on the year it was remitted are required to file under current law, that's a simple fact. If they chose not to file, that's up to them.

     

     

    Misleading advice in my view and I think he is well aware of that.If in doubt check with top tier accountancy firms - though it's all rather pointless now.We know what revenue code says but as in every jurisdiction there is a need to know practical implications.

     

    For avoidance of doubt we are talking about a specific group of expatriates - retired, no Thai income, resident 180 days+. As we all know situation changes - in practical terms - in 2024 tax year.

     

     

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  7. On 1/21/2024 at 9:45 AM, Mike Lister said:

    Thanks, yes, except anyone who needs to file this year, should still do so, before end march.

     

    Please be aware that there are different opinions on 'who needs to file this year'. The consensus view is that resident retirees with no Thai income do not but they may well have to next year depending on their circumstances.

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  8. 27 minutes ago, Mike Lister said:

    I have to come back to this post and make something clear:

     I have no problem if any foriegners hasn't filed returns in the past, what others do in this respect is their own business and I'm certainly not going to be critical of them if they haven't filed. But what does give me great difficulty is when posters try to claim, as some have done and still do, that there's nothing in the tax code to say they are obliged to file, because para X Y or Z says this or that and doesn't include them. That is total nonsense and trying to use that as an excuse for why they haven't filed or won't file, is nothing more than a lame excuse and a distraction.

     

    Once again no informed person is saying that.Ignorant and poorly briefed people put forward a great deal of foolish things - we need not spend too much time on them.I also take your general point.However on the particular issue of past filings there is a rather common Thai twist - there was a technical requirement not reflected in practical implementation.That situation has now changed - not as you have pointed out in the legal substance  - and a different approach is now required.None of this really needs explaining to those have had long experience of doing business in Thailand.Planning laws are a rather good example of this.

  9. 52 minutes ago, topt said:

    In fact most of the "big banks" as you call them, as well as some smaller ones, have a separate off shore presence specifically for expats and others who need those services

     

    That is in fact what I was referring to, the separate offshore presences - usually based in the Channel Islands.I assumed the original poster was referring to Barclay's equivalent.

     

    Having said that my feeling is that even these off shore entities flirt with debanking customers who don't measure up for one reason or another.

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