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Yumthai

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Everything posted by Yumthai

  1. That was a no-go since the beginning as Thai exchanges will obediently provide all transactions history to TRD at first request.
  2. Law will have to be amended if they want to require non-tax residents to file for (previous years) foreign-sourced income remittance. Not legally possible otherwise.
  3. Tax residency law prevents TRD from asking you to file. Different set of rules apply depending on whether you are tax resident or not. The main difference is non tax residents have to pay tax only on their Thai-sourced income.
  4. Interesting link that clearly addresses the main concern of the Russian expats providing concrete solutions that any Thai tax resident can pursue to avoid or delay paying personal income tax on overseas income.
  5. Reality-check shows that tax law enforcement is close to none at the moment. If it happens tomorrow then people will follow. Besides, when confronted to the authority in Thailand, it's ok to "discuss" your fate. Each individual should be able to assess, with comprehensive info, the probable outcomes and risks of their decisions. Risk-averse people tend to avoid all risks at any cost, trying to forestall any future possible rules enforcement. This is counterproductive in Thailand as per the nature of the Thai mindset and the ever changing rules. Others are more pragmatic and will wait to see real-life actions happening, as locals do, to then adapt and comply. To each their own.
  6. Agreed. There is the Law and the daily life reality. In order to make the right decision people should get the full spectrum of information. Unenforced rules are pointless and nonsensical.
  7. The one and only authoritative source in Thailand is the zealous random official behind the desk who may bend the Law at his/her discretion. People who need reliability and certainty in their lives have eventually to understand that Thailand is not for them. Strictly complying with the rules here is not bulletproof and will not save them.
  8. There are no audits in Thailand just negotiations.
  9. I used to file when I was working here then stopped once my contract was over. Never heard from TRD since then. But it was 20 years ago.
  10. I think quite the opposite. In Thailand you open yourself to much more scrutiny by voluntary filing in their tax database.
  11. This is certainly the right approach while living in countries where rules are strictly enforced and corruption contained. Adopting the same "law abiding citizen" approach while living in countries similar to Thailand with inconsistent legislation and rules being bypassed daily at all population levels is in my opinion a big mistake. In such environment the "Do as the Romans do" approach is much more productive.
  12. In bold above....that's not really the issue, albeit I think it would be naive to think the TRD did not take legal guidance before announcing this reinterpretation of the rules, this is not ammateur hour, it's the tax revenue department of a government. The key issue is whether or not the reinterpretation will achieve their objective and that answer is likely to be no, which is why they appear to want to pursue worldwide taxation. Leaving assets outside Thailand semi-permanently will negate the effect of the new rule interpretation. Thailand can't afford worldwide taxation. If they really go that route it's not legal guidance they need but economy and financial advice.
  13. Rule would need to be enforced first in order to be then challenged.
  14. Actually foreigners do not need to hold a green card to own US property, they just need money.
  15. People who are able to achieve several millions USD capital gains per year are not that dumb and can afford to structure themselves in order to mitigate their tax bill, if not close to 0.
  16. Sheep paying the high price to get slaughtered. This world is fascinating.
  17. Form 1040 is used by U.S. taxpayers not US non resident for tax purposes. Actually US is the main tax haven for non US persons. FYI, tax avoidance is perfectly legal.
  18. I agree with providing false information will lead to legal issues. I assume you see the nuance between opening a bank account with legit residence information in country A then move to country B (quitting tax residence in country A) and ignoring to update country A bank details. I know countless of US Non Resident Aliens (non tax resident in US) holding US personal bank accounts opened with legit US address. It seems they are for now not facing legal charges in US. Fraud and tax evasion is another matter not linked with the simple fact of holding an offshore bank account registered with local address.
  19. Again, not updating your bank address is not a crime. I suggest you take advice from a real Lawyer.
  20. From what I read from the English translation of the the German link you post, individuals face legal consequences if they provide a false address with the intention of deceiving the bank and if they submit or prepare falsified documents in connection with the address specification. Not if you did not update details after moving. What happens if I move, but do not inform my bank about my new address? If you move and do not inform your bank of your new address, you risk not receiving important notifications and information from the bank. This can lead to an incorrect assessment of your financial situation and possibly losses. In addition, the missing / incorrect information may have a negative impact on regulatory audits or when evaluating your creditworthiness. Same for US and I assume any country, you face legal consequences if you intentionally make a false statement/doc. However if you open an account in a country you were resident then move later without notifying the bank, it's not a crime. That was my point. I guess most of foreigners residing in Thailand keep offshore/home country bank accounts with local address as I do, not intentionally but per convenience, are they all criminals? Working in bank does not make you a lawyer either.
  21. Please quote the (country) Law and penalties on individuals who do not update their bank details. Policy is not Law.
  22. The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct are recommendations addressed by governments to multinational enterprises. OECD rules do not mention legal obligations for individuals. Self-certification is for account opening, not updating. Again, what penalty does the account holder face? Legal risks may exist for financial institutions for not gathering correct information from their customers. Can you bring a Law article (any country) stating that bank customers (individuals) face tax evasion or legal fines/jail terms because they didn't update their bank information personal address?
  23. This is legal requirements for financial institutions not customers of the FI. Customers have to follow FI policy/terms and conditions. If they don't, penalty may be account closure. No more no less.
  24. You can have offshore accounts registered with a legit offshore address at the time you opened it. Not updating a bank account address is not illegal nor tax evasion. If banks ask you can just ignore it. At some point they may threat to close your account and eventually close it, this is the worst thing that can happen.
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