Yumthai
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Question might arise but is irrelevant. I may not "need" a non-immigrant visa but I can legally apply and get one if I meet and according to the current requirements, as I am free to remain the number of days per year (be it 0 or 365) I want in Thailand. RD won't (be able to) enforce anything on non-residents for tax purposes in Thailand. If they are not happy with that, they will have to change residency rules and visa requirements.
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No. https://www.amalinvest.com/halal-investing/taxes-on-stocks-for-international-investors In summary, foreign investors ('non-resident aliens' in IRS tax speak) are not liable for capital gains tax, but are subject to dividend and estate taxes. Dividends are withheld by the broker before distributions are made to the investor.
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Source is misleading. If you mean you have to pay tax in US as a US person it's true wherever you reside (mitigated with DTA if any). However, you don't pay PH taxes on foreign-sourced income as an alien residing in the Philippines So, if you are not a PH citizen: no income sourced in PH => no income tax in PH. https://www.taxesforexpats.com/country-guides/philippines/us-tax-preparation-in-philippines.html RESIDENT CITIZENS Resident citizens of the Philippines are taxed on all their net income derived from sources within and without the Philippines. ALIEN INDIVIDUALS An alien individual, whether a resident or not of the Philippines, is taxable only on income derived from sources within the Philippines. Resident aliens are taxed in the same manner as resident citizens on income sourced within the Philippines. https://taxsummaries.pwc.com/philippines/individual/taxes-on-personal-income The Philippines taxes its resident citizens on their worldwide income. Non-resident citizens and aliens, whether or not resident in the Philippines, are taxed only on income from sources within the Philippines. https://kpmg.com/xx/en/home/insights/2021/07/philippines-thinking-beyond-borders.html Resident citizens are taxed on their income from all sources. A person who is not a citizen of the Philippines (that is, someone who is defined as an alien), regardless of whether the person is a resident or a non-resident, is taxed only on the individual's income from Philippines sources. Likewise, non-resident citizens are taxed only on their income from Philippines sources.
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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.
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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...
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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.
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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.
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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