Yumthai

That can't be true! (reacting on tax lobbyist friend's behalf)

There's indeed no issue to gather and process information, rather the means and will to implement things in the field which is clearly inconsistent in Thailand. My point is "systematically", they certainly can get a deep access to individual bank accounts with a legal reason. Is Thailand North Korea yet?

The list of accounts they've withheld interest is not comprehensive of tax residents holding accounts not bearing interests. I assume sharing a systemic list of accounts transactions is against data privacy.

BOT <> TRD

Do you believe Thai banks systematically send TRD yearly an aggregated list of all customers' accounts including all offshore inward deposits? I don't think so. TRD surely may require access to an individual accounts but with a proper legal warrant/reason.

Having a TIN does not make one a resident for tax purposes; staying in the country for an accumulated 180+ days in a calendar year does. Indeed. I meant, unlike Immigration, TRD is not aware of people who remain 180+ days / year in Thailand, but TRD sure knows people who have once filed and got a TIN (although they could be non tax resident at the time of checking).

Don't be stupid. Lister hasn't posted in this forum in months, somebody had to answer the poster. Sure, and that somebody had to be you 🤣

My view on this is that everyone should wait until after the new tax forms and instructions are released, which I understand will be around November or possibly December. There are many open questions regarding what will be required and even tax consultants and Big 4 don't have all the answers yet. It is possible that the news release at the end of the year might change the tax landscape for foreigners but I can't imagine how. There are lots of Thai CPA's around who will prepare taxes for you and the cost seems to run from 7,500 upwards. Finding somebody who is qualified and truly knows what they are doing is a different matter and will require you to ask around for references from people you know and trust. Sorry I can't be more helpful but everyone is in a wait and see mode at present. The Revenue does have a list of businesses that can enter tax returns online but whether or not they will actually complete the forms also is unclear. One very solid option is if you have uncomplicated tax affairs, you can take your numbers to the local Revenue office and ask them to enter the information for you, they are typically most helpful in this regard and there is no cost involved, You've just betrayed yourself chiang maike 😆

Tax residents they are aware of, i.e. people who hold a Thai TIN.

These both assertions will certainly age well.

That would make sense, wealthy people do not have to pay tax.

Same in term of WHT filing obligation, just the rates may change. All information is linked there, if you need further info I suggest you approach a Thai accounting firm.

As a registered entity and certain conditions, Yes. You can get proper information from a Thai accountant. https://www.forvismazars.com/th/en/insights/doing-business-in-thailand/tax/withholding-tax-in-thailand The following will require the deduction of WHT: Expenses greater than 1,000 Baht; and Expenses less than 1,000 Baht for which a long term contract is in place (e.g. telephone)

Yes indeed. I had to file WHT for any relevant expense when I run my Co. Ltd. back in the day.

WHT filing is mandatory for payments >= 1,000 THB. "Payments to service providers amount to 1000 THB and payments less than 1000 THB to long-term contractors, such as telephone and internet companies, are subject to withholding tax. Exceptions include payments to non-taxpayers such as BOI companies and governmental organizations." I've been told (Thai entrepreneur) that self-employed incurring expenses requiring WHT by law has to register a legal form. Can't find any official source though. In practice and broadly, informal (undeclared) business owners hire contractors for business purposes and pay them cash. Nothing is declared hence illegal.

Can an unregistered self-employed legally hire an employee or a contractor, and thus not file any WHT return?

I don't get it. You mean there is no requirement to disclose wages paid to other employees? https://www.thailand.go.th/issue-focus-detail/006_115 "SME entrepreneurs, whether operating as individuals, such as a sole proprietor, ordinary partnership, or a group of persons that is not a legal entity, or as legal entities, such as a limited company, limited partnership, or legal entity partnership, when paying income types that the law specifies should have taxes withheld at source, must follow these procedures: Have and use a taxpayer identification number (except for individuals who do not have to pay Value Added Tax, who should use their citizen identification number instead). Deduct tax at source every time income is paid, which the law requires to be deducted at source, at the rate specified by the law. Issue a certificate of withholding tax at source to the tax deductee as evidence for filing the income tax return. If it involves the government, an organization of the government, a municipality, a sanitary district, or another local administration organization, the paying officer should issue a receipt for the tax that has been deducted to the income recipient. Remit the withheld tax within seven days from the end of the month in which the income was paid, to the local branch of the Revenue Department where the person obliged to withhold income tax at source has their office." Found this other 2023 doc below quite comprehensive although not up-to-date regarding last overseas income remittance changes: https://www.grantthornton.co.th/globalassets/1.-member-firms/thailand/media/doing-business-in-thailand-2023-_may.pdf

I'm not saying you can't hire as a sole business owner, just that WHT filings should be required as well.

Sure, I'm referring to legally registered entities. Sole trader/proprietorship is not the best structure to hire people, however I find nowhere they are not required to file WHT returns when needed.

Employers in Thailand will be responsible for withholding taxes from their employees. They need to submit a monthly withholding tax return (PND 1) to the Revenue Department within the first seven days of the next month, at which point the payment was made. They must pay the tax due when filing for the return. Employers generally assess WHT based on employee's annualized total income (including wages, commissions, bonus,...) less allowances - of what they are aware of. WHT rate could be anything between 0-35%. In addition (to file annually): PND 1 Kor: Summary of all personal withholding tax filed with the government, including the director’s, employees’ salary details and taxes paid throughout the year.

My point is TRD has no reach outside of Thailand (unless criminal case + international warrant), so any well written piece of paper is an uncontested proof. But of course there's always the "at their discretion" that makes law and rules pointless.

Automatic FI information is not exhaustive. No information from offshore loans or gifts. I wonder how? Without direct proven information from foreign entities, TRD assessment is out of thin air.

They don't have to, the taxpayer has to do that. Once again, the onus is on the taxpayer to provide proof of their claim. Then, what do you mean by: "Having provided the information, the TRD will then take a view as to whether the case is proven or not." How TRD will assess the case is proven or not?

How? Will they then contact other countries' RD/financial institutions/lawyers... to get genuine information? If so, how likely will they get an answer?

In case of Thailand money is not "hid" offshore as there is currently no Thai tax on foreign income held abroad. Thai tax is legally avoided as long as offshore money not remitted (or remitted exempted) in Thailand.