smilingjim

I thought the 3 year business Visa was for those who worked outside Thailand but needed to visit Thailand to visit contacts in respect of an overseas business. As my neighbour can no longer work due to his disability this does not seem very appropriate.

It depends on his disability. I was medically retired from full-time employment in 2000 but I still have a brain and am able to carry out a small Internet based business on a part-time basis (a couple of hours a day) and also give practical business/tax advice to people.

I have a neighbour who is Swiss, aged 42 and in receipt of a disability insurance payment (can be confirmed by Swiss Embassy) of around 85K baht per month as he can no longer work. He has sold his assets in Switzerland and wishes to live here in Thailand.

He arrived here 8 months ago with a 3 month Tourist Visa and has done 5 visa runs up to now. He is concerned about being turned away at the border in view of the number of stamps and would like advice as to how he can best stay here legally, long term. Is conversion to a non-immigrant 'O' an option and where would he have to go to get it - Switzerland or another local asian country. If possible would he then need to make border runs 3 monthly?

Any offers?

I agree with inspector 2211 -the new 3 year Non Immigrant B multiple-entry business visa, but he will need to return to Switzerland to do it. He should speak to Sunbelt to see if they will help him with their sponsorship programme - if he qualifies.

Otherwise he could set up a small business or try and find a business sponsor in Thailand or overseas.

I may not get a degree, but I'm expecting to get well flamed for this post by some.

In light of the regulations regarding the need for a degree to get a work permit and the large amount of debate it has created, I am asking what is the easiest way for me to get a degree?

It is possible to get work teaching english with a TEFL certificate, but working on the principle of 'if you cant beat 'em join 'em' as well as 'cover your arse' and 'anything for an easy life'.

I'd like to hear some suggestions on what courses are available, how long they take, wether they are related to english or not, if they can be done on-line, in Thailand or back into the UK.

I don't want to get into a debate about the merits of different degrees, (or how illiterate I am!)

as I think that has been dealt with extensively in other threads. (the degrees that is)

I know that some of the better schools quite rightly are choosy about which degrees they recognise, what I am interested in is meeting the Thai MoE's criteria with the minimum of disruption/sacrifice and getting on with the rest of my life with a lot less stress.

You mention the UK. Why not look at the Open University site - they will give you all the info you need about doing legitimate online degrees, choices etc.

www.open.ac.uk

Hi

I have been a lurker here for a couple of weeks trying to read and learn. It's time to bite the bullet and hope that some kind and friendly posters might offer me some advice.

I want to come to LOS next year to live/work. My situation is as follows:

• 33 year old, college graduate from Ireland;
  
• self-employed consultant specialising in Internet Strategy and SEO
  
• expect to have BHT 5-10m cash to invest in LOS
  
• expect to have some residual income from client contracts I can work on remotely from LOS ~ c. €1-2k p.m. (B45-90k p.m.)
  
• Thai GF earns ~ B10k p.m.
  
• would also be interested in trying to pick up some work in LOS if my skills can be useful to anyone there
  

I have to admit that I am totally befuddled at the (seemingly) complex and ever changing rules governing Thai visas.

I have tried to solicit information from the Thai Consulate in Ireland but their phone number is an answering machine.

Can anyone here give me any tips on what type of visa would be most appropriate and what the likelihood of LOS immigration taking a kindly view on my application?

Many, many thanks in advance to any kind soul who can offer me some direction,

Best rgds

Richard.

1) As you are self-employed you could apply for a 12 month Non Immigrant B multiple-entry visa with a view to seeking out business opportunities in Thailand. Gives yo uplenty of time to weigh up your options. Go to this website for full info and then email them for fully up to date information pack/application forms:

http://www.thaiconsul-uk.com/

2) Don't invest any money in Thailand unless you can afford to lose it!! If you are planning to live here full time you'd be better off investing it in a secure off-shore investment fund or bank account (tax free) until you know what you want to do/see how it goes in Thailand

You can get an extension at immigration for a period of "up to" 30 days, the number of days you actually get is at the whim of the officer dealing with you. If you want the full 30 days best to turn up smartly dressed and be very polite. You should remember that with regards to immigration matters, nothing is certain for "the foreigner" in Thailand at the moment.

Agreed. I did that last week at Suan Plu and got my 30 day extension.

How old are you? Have you any children, how old are they?

I ask because these two points are hugely important in deciding the best advice.

I am 61 years old. No children. I will have a small private pension untill the state pension kicks in at 65.

Suggest you approach the organisations you have the debts with and tell them you have little income, no prospects of getting any more, and want to make an offer to repay as much as you can afford.

Normally they will send you a form to fill in which is basically a statement of your assets and liabilites and of your income and expenditure. You then offer to pay a weekly/monthly amount based on what you can afford. They are reluctant to take anyone to court who has little income/prospects and if he has made an offer to settle, as the judges in such cases tend to take the side of the debtor.

If in doubt about how to do this contact your local Citizens Advice Bureau.

Have the Roos/Kiwis games been shown in any pubs? I'm desperate to see my beloved Lions get thrashed live on telly, but most pubs I ask at haven't got a clue what I'm talking about. Anybody know of any joint that's showing the games?

Cheers

Not sure but maybe at Down Under Bar on Sukhumvit Soi 7/1. Next to Nana BTS.

Large screen and good sound system.

he is 62 years old and I believe he has a 25 year old Falang son in the U.K. Obviously I assume it would have to be a Thai will. Would it have to be registered at the British Embassy aswell. Maybe if some one could tell me of a lawyer who spcialises in this field.

Anything would be a help

Regards

Fat Boy Slim

Personally speaking I simply wouldn't do it, especially with everything that is going on at the moment about property ownership through shell Companies. Much better to go the lease route.

However, if that's what he wants to do he would have to have a Thai will for any assets in Thailand. Any good Thai lawyer should be able to do this. I know a good one in Pattaya if that is of any use (mind you he'd probably tell him not to do it)!

He would need to have the will done in Thai (it has to be registered at the lcoal district office which is amphur in Thai from memory).Have an English translation copied to his executor.

Nice structure ... I did not change my Will when I recently moved some of my savings off-shore (IOM/Jersey). I should do this I guess ?

At present I have one WIll for Thailand and one for UK only?

The general rule is 1 will for each country in which you have assets. Are your savings in bank accounts?

Not sure if UK will covers IOM and Jersey but I would have thought a simple letter to the banks concerned nominating a beneficiary would be sufficient.

I'd also add that wills are great at directing what should happen to your estate when you die but there is normally a long period of probate when your beenficiaries can't get access to the funds.

Have you considered setting up a trust?

Dear Aastral (and anyone else reading these threads),

Please, please read the booklets I have referred to. It is simply not the case that if you are non-resident in the UK you do not have to pay CGT. In particular look at the summary at 8.12.

You have to be not-resident and not ordinarilly resident and also be aware of the rules for temporary non-residence (less than 5 years). That's why you need to be NR/NOR for more than 5 tax years to ensure no CGT liability.

Well, 2 years ago when I sold an investment property in the UK I did not have to pay CGT.

I have been non-resident and not ordinarily resident for tax purpose for over 20 years now.

Exactly my point - you have to be NR/NOR for more than 5 years.

Don't know anything about these people :

http://www.profitableplots.com/

But they advertise on the sports channels a lot.

Google them and you will find Links is to the site I mentioned above.

They sell greenfield Plots claiming that Planning Permission will be given for development but in some cases this has proved impossible and the Investor has been stuck with unsaleable and unusable land.

Patrick

I agree and there are lots of others doing the same. I investigated this for my brother (he's a builder) whilst I was in the UK. A simple phone call to the local planning department results in various groans and the answer that there is aboslutely no chance of planning permission.

Having said that the OP has not said why he wants to buy the land!

I have never heard the 5 year rule before, but if you are non-resident you are not liable for capital gains tax,

even if you have been submitting tax returns on property income.

On the Inheritance side.

I have sold up in the UK and have my funds in an Executive Bond with Royal Skandia, IOM.

This is term life assurance that still gives me access to the capital to buy and sell shares as I wish.

i.e. I can control the funds.

It can be converted to a Discressionary Trust by simply signing a form to say who is to receive the proceeds when I die.

This means that no probate or IHT is payable to the UK government as all the

funds are under the control of the IOM government.

Neat eh!

Dear Aastral (and anyone else reading these threads),

Please, please read the booklets I have referred to. It is simply not the case that if you are non-resident in the UK you do not have to pay CGT. In particular look at the summary at 8.12.

You have to be not-resident and not ordinarilly resident and also be aware of the rules for temporary non-residence (less than 5 years). That's why you need to be NR/NOR for more than 5 tax years to ensure no CGT liability.

The investment bond is wrapped around an Insurance Policy and should ALWAYS be written in trust when they are set up so that the funds fall outside your estate. The funds are under YOUR control and you tell Skandia etc .how to invest the funds on your behalf. The same applies to long-term savings plans. The IOM Government regulates the Insurance Companies to ensure they comply with the IOM laws and regulations.

Can you please clarify capital gains on selling property in the UK . I have been non resident for over 5 years and am renting out my property in London - I file a tax return every year - I thought that capitals gains would be payable on the sale but you say not ?

That is how it generally works in practice but it is depends on your residence/ordinary residence status.

Go to their website:

http://www.hmrc.gov.uk and download leaflets IR20, IR278, and CGT1 for general guidance.

Thinigs to consider:

1) Did you complete from P85 when you left and get a residence ruling?

2) Was the property in question your principal private residence before you let it?

3) Are youg oing back?

4) Are you a UK citixen with UK domicile?

If you are in doubt about your status it is worthwhile contacting them to check on your particular situation. They are extremely helpful.

If you leave the UK and do not intend to live there but just visit.

Fill out a P85 form, leaving the country. Then you pay no more tax from that point in the uk. You can only visit the UK 90 days of a year if you do this

After this point is you sell any property in the UK that would have had capital gains tax, you do not need to pay it.

Arrive in Thailand live your life. The UK can not ask about your money – income as you do not live there.

This can only be done if you are leaving the UK for many years.

You can keep property in the Uk and money in the UK banks. Just no more tax forms, if you need any more info to clarify any points please let me know.

This is not a theory it works in practise. If you are not living in the UK, it is simple, no tax in the UK,

Oops - sorry about that!

Ah.....If only it were that simple!

a) You will continue to pay tax in the UK on your property income

You'll need to be non-resident for at least 5 years to ensure no Captital Gains on the eventual sale of the property(fro the period it is let)

c) You may need to watch your Inheritance tax situation. This is based on your domicile. If you were born in the UK then you have to cut ALL ties with the UK to be considered non domiciled. Not easy to achieve and certainly impossible with a UK proerty and bank account!

d) Having an off-ashore bank account is a simple process. Anyone concerned about the EU directive and form filling to avoid interest being taxed at source could open an off-shore bank account in say Hong Kong.

If you leave the UK and do not intend to live there but just visit.

Fill out a P85 form, leaving the country. Then you pay no more tax from that point in the uk. You can only visit the UK 90 days of a year if you do this

After this point is you sell any property in the UK that would have had capital gains tax, you do not need to pay it.

Arrive in Thailand live your life. The UK can not ask about your money – income as you do not live there.

This can only be done if you are leaving the UK for many years.

You can keep property in the Uk and money in the UK banks. Just no more tax forms, if you need any more info to clarify any points please let me know.

This is not a theory it works in practise. If you are not living in the UK, it is simple, no tax in the UK,

Wow - just call me Mr. Low-tech. I went down to Tuk Com in Pattaya and found a web cam / headset combination for 850 baht. They both work very well, so I put out another 100 baht to buy 2-5 meter mini-jack extension cables for the headset. Now I can walk around my condo and talk at the same time (allowing me to be hands-free to open the fridge door and grab another beer). Perhaps I'll check out a cordless handset some day, but I think the best advice is coming from those who suggest waiting until there's lots of competition in the Skype (VoiP) phone marketplace. Then prices will drop while features and reliability improve.

Make and model please! I'd love ot buy one in Bangkok - Pantip I assume!

It means that if you have foreign source income during one tax year, and during that same tax year you bring foreign money into Thailand - they will assume such money to be taxable up to the amount you declared in foreign source income for that same calendar year.

It is very easy to implement if you do not lie on your tax assessment return.

The advice I always gave to people who had capital and income is that they kept separate bank accounts as follows:

1) An interest bearing capital account (their savings)

2) A separate account into which all interest earned from the above is paid(income)

3) An account into which pension/earnings is paid(income).

You make sure you use the first one to remit money from during the relevant tax year as you don't have to declare it or pay tax on it.

You only resort to the other 2 if the 1st isn't sufficient.

A lot of ex-pats I have met here seem to be blissfully unaware that they should complete a Thai Tax Return if they are resident here (more than 180 days), unless their income is very low.

Nowaydays, governments are very reluctant to give non-resident status to their citizens (or previous residents); they will want to see that you have severed your economic, residential, family (spouse, dependants) ties with their country. Not only that but they will want to see that you have established new ties elsewhere and in many cases; that you are considered a resident for tax purposes in another jurisdiction.

And if that jusrisciction does not levy taxes on worldwide (foreign) income, they will want you to explain why you are moving in such jusrisdiction and you will need to satisfy them that your motivation is not tax avoidance.

Every country has its own rules and it is important that individuals look at their own home countries rules to sort out if they are resident or not resident. Certainly in the UK the main question is of counting the days in any particular year and over a 4 year period. The OP is from the UK and doesn't have a problem.

Domicile (used to determine liability to UK Inheritance Tax) is a completely different story and is when they will look at whether you have severed all ties from the UK

I know of no tax legislation in the UK or elsewhere requiring citizens to prove they are resident in another country for tax purposes or explain why they are "moving in such a jurisdiction" Which countries do this?

I think all these postings demonstrate what a complex issue taxation is (further omplicated by the fact the legislation changes every year) and how important it is to look very carefully at ALL the facts before making any decisions. Best to seek professional advice if you are unsure.

What clients are we talking about here on this forum then?

We are just chatting on an open forum designed to stimulate discussion are we not which is no different to having a chat in the pub with some friends.

Since when did a chat and a discussion about a subject get governed by some rule of professional conduct?

If you was paying me for advice then yeah great that's one thing but if you are sitting in a pub and over hear a conversation similar to this thread what are you going to do, jump up and run off to the 'thought' police and bubble us all in...

Blimey if I knew this thread was going to have the Thai secret police and their moral stanced cohorts sitting in then I would have got out my 1942 WWII posters out in order to inform everyone that walls have ears and telephones aren't secure and to be careful of people with flicked fringes and little moustaches.

Dear Casanundra,

Old habits die hard. I have a professional background and was taught to always give best advice (within the law) and that's what I still do. You gave yours and I gave mine.

On the contrary, excellent advise from Casanundra. And a lot of common sense.

I never understand, why we should be less thai than the Thais, for business/fiscal matters...

-yes, thai businessmen love offshore companies in BVI for instance (think about our Ex Great Leader), that allow them to reduce the taxable profit of their thai companies, by invoicing game.

-yes, thai businessmen run the cash machine at their companies, to reduce their personal taxable income and the taxable profit : house allowance, car allowance, diners, "customers entertainement", hookers, vacations up country ("seminars"), gifts, donations, commissions, you name it.

-yes, thai businessmen give and take bribe/kickback: suppliers, customers, civil servants. You name it.

-yes, thai businessmen, sometimes, have a double accounting system.

-yes, thai businessmen laugh mak mak about the so hype/western concept of "good governance" etc.

-yes thai businessmen love to bypass the market laws (monopoly, common price policy, sharing of informations to surcharge customers with "competitors", oops sorry, "partners" etc).

So, actually, I believe that many farangs have decided to be... thai. It's much more sanook. And much more efficient.

Two wrongs don't make a right!

This practice isn't just done by Thai businessmen. In my experience UK businessmen "massage" the figures as much as they can. I used to work for the UK tax authorities and investigated enough of them. I then went over to the other side and spent a lot of time trying to reach settlements with the tax man for clients who had done so much massaging it was almost beyond belief!

As the Thais say "up to you" which way yo uwant to do it.

Rather worrying advice.

Income tax is charged depending on your residency situation. Last time I looked anyone who is resident in Thailand (more than 180 days in the tax year) is technically supposed to complete a Thai Tax Return.

There is tax avoidance - which is legal and tax evasion -which is illegal.

You seem to be advocating the latter. Tread carefully!!

I am not advocating anything, I am just speaking out loud what many would think or say given the current tax position in Thailand and I was merely reporting the outcome of the conference which had in attendance two senior taxation guys from the Thai tax department. one was a Tax judge and the other was a senior tax enforecement officer and both of them went grey with shock at what they learnt in the conference while the remainder of the audience (tax lawyers and acountants) rubbed their hands together with collective glee at the opportunities.

Let's be honest here, Thailand does not have enough officers knowledgable in double taxation law to be able to follow it through and catch people. This will change in time but right now it's a case of 'catch me if you can'.

I don't advocate tax evasion but I do advocate working creatively within the boundaries of the 'current' law and I do know what they are.

So "don't declare it" and "catch me if you can" isn't advocating tax evasion??? Not things to put in writing!

Thre is plenty of scope for good tax planning within the laws, especially using off-shore vehicles/accounts if appropriate.

My ex tax partner would have had a fit if I had written anything like this to any of my clients.

Which method would you recommend? Which gives me the longest, least interrupted and troublesome stay? I wish to stay 5-6 months this winter

In your circumstances I'd go for the 12 month multiple entry Non IMM B Business visa. Can stay 90 days then quick border hop for another 90 days giving you your 6 months.

I have just attended a 2 day seminar on Double taxation agreements for Thailand and it all pretty much depends on the current double taxation rules of Thailand and your home country.

Thailand pretty much says that if you have established a PE (Permanant Establishment) which in the case of Thailand is 180 days, then you are liable for TAX on money earned in Thailand.

Under the rules, you You don't need an office or a residence to create a PE either because under Thai tax if you are meeting in a coffeee shop everyday to hold a business meeting that earns you money, then you are liable. If you are in a coffee shop or hotel lounge or wherever and surfing the Internet that earns you money, then you are liable under Thai TAX law providing that your PE is 180 days inside Thailand. The hard part for Thailand however is getting to them find you in the first place and proving that you are liable for tax.

With regards money earned overseas, then it depends on if you are declaring tax overseas or not, but let's put it this way, if your money is in an offshore account earning gross interest then don't declare it. If you have no intention of earning money 'officially' inside Thailand and can show savings to support your stay here. Don't declare it! if you are not getting a 1 year visa for marriage and don't need to show the 40k income (plus tax) for the visa per month then don't declare it either.

If you are from Canada and America then good luck because you are taxed on worldwide income and they will pursue you!

If you want to by pass Thai tax law then set up a company in the Cayman islands or Mauritious and then establish a sales office on behalf of your company in thailand and you are effectively as tax efficient as you can possibly be. If you are a Thai and you want to avoid capital gains on a house in the UK for example, then do what I just said in reverse for the UK and they can set up a house in the UK as part of a company without being liable for any capital gains what so ever... I wonder if that's what the ex PM old square face did?

Rather worrying advice.

Income tax is charged depending on your residency situation. Last time I looked anyone who is resident in Thailand (more than 180 days in the tax year) is technically supposed to complete a Thai Tax Return.

There is tax avoidance - which is legal and tax evasion -which is illegal.

You seem to be advocating the latter. Tread carefully!!

Has anyone applied for the 30 day extention post 1 October? If so, what happened?

Just did exactly this in the afternoon two days ago (17 Oct), no problem at all. I was getting the 1900 baht 30 day extension on the second entry of my triple entry tourist visa. Maybe took five minutes longer than I remember for getting my first entry extended but other than that essentially an identical experience (with the exception of being asked to paste my photo on the application form -- a writing table near the window has a jar of glue and brush).

Thanks a lot for that. Good to see real story posted.

I can now plan on the basis I'll probably get my 30 day extention.

Thanks for the replies so far. I am not interested to perform purchases in local outlets using the card, the only purpose I am thinking of getting one is to set up a Paypal account (after they included Thailand as a place to withdraw funds to). I have been using 2checkout.com so far, but Paypal charges smaller comissions and seems has some other advantages. I want to minimize the risk of frozen Paypal account and such.

I have understood that Paypal has difficulties (or rather, causes difficulties...) when you withdraw funds to Thailand, if the credit card used to set the account is foreign. Or can you start a Paypal account with a debit card? Do bank here issue an international debit card at all?

I opened a Thai Paypal account and use a Kasikorn Web card. Simple process. Open a Savings account with Kasikorn (if you don't have one already) and apply for the Web card. This only works for Internet transactions but is acccepted by Paypal. Has a card number and security number.

There are some threads about this - Paypal in thailand.

Cheers