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Yumthai

Advanced Member
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Everything posted by Yumthai

  1. This is referring to assets location under inheritance tax with an exemption of 100M THB per inheritor.
  2. That's what I do and will keep doing until I'm officially informed about a change and see that change is concretely implemented and enforced. Being prepared having a plan B, C or Z is one thing, I personally won't apply anything beforehand.
  3. At this point of time, you are speculating on future law amendments and enforcements. You have the right to do so. We can agree that our realities may differ.
  4. You are then insinuating that they will amend the gift law and also the inheritance law because it will face the same issue on foreign remittance. I do not think so. As you may know, old Thai people get quasi non-existent pension and are relying on family support. According to you, from 01/01/2024 they will have to declare and pay tax on all remittances received from their relatives working/living abroad. Seriously? Taxing recklessly will have greater negative consequences on the Thai whole economy than good ones.
  5. They will do what? Tax the GF on inward remittance from someone overseas? No because it's a gift, described as it, falling under gift law. Period. Be it a local transfer or from abroad does not matter. GF receives money (tax-free up to 10M THB per calendar year) from a third-party, the BF, who feels a moral obligation to support her (support could mean anything: money for food/rent or to buy a property). A lot of people survive thanks to supporting gifts in Thailand, I can't see TRD start taxing this other than maybe lowering the threshold. Now, feel free to speculate on RD officials interpretation, law enforcement, gift law change, etc...
  6. https://taxsummaries.pwc.com/thailand/individual/income-determination Maintenance income derived under a moral obligation or gifts made in a ceremony or on occasions in accordance with established custom from persons who are not ascendants, descendants, or spouse, in the amount not exceeding THB 10 million throughout a tax year.
  7. I'm no lawyer but my understanding of the Thai law is that Gift Tax as well as Inheritance Tax are separate sections of Personal Income Tax that do not fall under assessable income (not listed in section 40 of the Revenue Code).
  8. Your quote is incomplete. From PWC: Maintenance income derived under a moral obligation or gifts made in a ceremony or on occasions in accordance with established custom from persons who are not ascendants, descendants, or spouse, in the amount not exceeding THB 10 million throughout a tax year.
  9. Thais are receiving significant gift remittances daily (and I'm not only talking about "sponsors"), nothing is declared nor taxed. Liability is on the giftee. If ever asked GF can show (international) wire transfer statement labelled "Gift to support Miss GF from Mr Teavee" as evidence.
  10. Why limiting your GF remittance at 210K? Assuming she's Thai tax resident you can gift her up to 10M THB a year tax-free (then 5% tax on the exceeding amount).
  11. 1M THB a year is not middle income as per Thai standard, it's rather in the lower range of the high income earners.
  12. If you earn at least US$80K a year in passive income (can be dividend) and 50+ yo you could apply for an LTR Wealthy Pensioners visa and benefit from "Tax exemption for overseas income".
  13. If you are a US non resident alien, withholding tax on US dividends is a final tax.
  14. There is no clear statement saying that you have to be non tax resident in Thailand the year you sell to avoid a later tax in Thailand. You just have to be non resident for tax purposes the year you remit money, simply because that year you declare nothing in Thailand. How could RD check you a calendar year you are not tax resident and not filing any tax return? Example: - You sell your offshore house US$1M in 2024 while being tax resident in Thailand. You keep that money abroad. - You file in 2025 any income earned in 2024 (including foreign remittance except house sale proceed because not remitted in Thailand) and pay tax (if any) - In 2025 you stay less than 180 days in Thailand and become non resident for tax purposes - Any money you remit in Thailand in 2025 including your house sale proceed US$1M will be tax-free because in 2026 you will not have to file any tax return related to 2025 income/remittance.
  15. I think we misunderstood each others because you write exactly what I said. "If you earn income when you're Thai Tax resident, take a few years break & bring the money over when you are again Thai Tax Resident, you need to pay tax on it." Indeed, you never have to pay tax on foreign source remittance in a year you are not tax resident in Thailand regardless of you tax residence status when you earned this money. You have to pay tax only if remittance occurs a year you are Thai tax resident. The initial condition to pay tax is to be tax resident. "If you earn income in a year you're not tax resident in Thailand, no tax to pay" For savings prior 2024 but it's not clear for income generated from 01/01/2024 onwards
  16. I don't get your point. Anything you will remit in a later tax year (meaning you are tax resident) will be indeed taxable, but not if remittance occurs in any later year you are not resident for tax purposes (and then declare nothing).
  17. Well if you are able to remit more than 20M THB (US$570K) a year in Thailand I assume you can afford the 5% exceeding tax.
  18. The year(s) you are not tax resident in Thailand, you don't (have to) file any tax return (unless you have Thai source assessable income), so nothing to prove because you declare nothing.
  19. Gift received by an ascendant, descendant or a spouse is subject to a tax on the amount of the gift received in excess of 20M THB in a tax calendar year (giftee is tax resident in Thailand and liable of the gift tax if any). A daughter financially supporting her father is not illegal, but gift may be subject to rules depending on gifter tax residence.
  20. I claim nothing I just read and fill accordingly. What you think is again irrelevant.
  21. All information that you need to fill your tax is in these documents, up to you if don't wanna read. Now if you can't find answers it's maybe you're asking the wrong questions or just thinking too much. Ia there any expense on local pension? Not more not less than on foreign pension, but still you can deduct expense from it.
  22. I'll post it again. Please read carefully the Personal Income Tax Return for taxpayer with income not only from employment (Tax Year 2022) along with the Guide to Personal Income Tax Return 2022 (ภ.ง.ด.90) You will need the Income Exemption Entitlement Form to be used with ภ.ง.ด.90 as well. All related documents can also be found here on the RD website. If you take the time to read all the docs trying to file step by step your 2022 tax return as an example you will understand. Pension needs to be filled on Tax Return form page 2: No. 1 - Item 1. fill your yearly pension total amount (including salary, wage if any) No. 1 - Item 2. fill if you are concerned No. 1 - Item 3. fill if you are concerned No. 1 - Item 4. Balance calculation No. 1 - Item 5. Less expense (50 percent but not exceeding 100,000 baht) No. 1 - Item 6. Final Balance calculation Read the guide along, everything is in plain English and it's not that complicated. There is nowhere said that you can't deduct expense on foreign pension or that foreign pension need to be treated differently. There is nowhere said that this expense deduction replaces other deductions/allowances. Trying to interpret or use you western minded common sense in Thailand is counterproductive, just follow written instructions.
  23. Thailand can't report he doesn't live in Thailand, they could just say (unlikely) that he is not tax resident in Thailand for one particular tax year. He can effectively live in Thailand up to 179 days a year (with address and plenty of supporting docs) being not resident for tax purposes in Thailand.
  24. 190K and 60K allowances are for different purposes and should add up. What makes sense or not to you is not relevant here, this is Thailand. If you want a definitive answer, just hop to your Revenue Department branch and ask if you can deduct expense on your declared foreign pensions as described in the tax return form adding up all other allowances. I don't see why you could not do it as it's not written otherwise.

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