You're deemed a resident of Thailand if you stay 180 days

[ezzra]

That might come as a shock to some to know that for tax purposes,  Any person staying in Thailand for a period or periods

aggregating 180 days or more in any tax year shall be deemed a resident of Thailand, and all incomes or monies erned

overseas and brought into Thailand are taxable as per section 41 of the Thai tax code:

 

"Section 41 A taxpayer who in the previous tax year derived assessable income under Section 40 from an employment, or from business carried on in Thailand, or from business of an employer residing in Thailand, or from a property situated in Thailand shall pay tax in accordance with the provisions of this Part, whether such income is paid within or outside Thailand.

A resident of Thailand who in the previous tax year derived assessable income under Section 40 from an employment or from business carried on abroad or from a property situated abroad shall, upon bringing such assessable income into Thailand, pay tax in accordance with the provisions of this Part.

Any person staying in Thailand for a period or periods aggregating 180 days or more in any tax year shall be deemed a resident of Thailand.

Section 41 Bis In the case where the ownership or possessory right in an immovable property is transferred without any consideration, the transferor shall be treated as a taxpayer and pay tax in accordance with the provisions of this Part.7".....

[steven100]

so you stay 179 days ..  and go out and back in.

[simoh1490]

Only if the income was earned in the same year it was remitted to Thailand, otherwise, it is not taxable.

[norrska]

7 minutes ago, steven100 said:

so you stay 179 days ..  and go out and back in.

i think that means a calendar year, so your method doesn't work

[gk10002000]

an interesting situation, but how would they know the retirement passive money I bring into thailand came from the current year?

[simoh1490]

Just now, gk10002000 said:

an interesting situation, but how would they know the retirement passive money I bring into thailand came from the current year?

They don't, the good news is they are not currently trying to tax it but at some point, they may. It's almost impossible to differentiate between savings and accrued pension payments received into an overseas bank account without doing some deep forensics, an overseas government is never likely to be able to distinguish the difference. But where those pension payments are paid directly into an account in Thailand, that's a different story and is far easier to tax. 

[Jip99]

6 minutes ago, simoh1490 said:

They don't, the good news is they are not currently trying to tax it but at some point, they may. It's almost impossible to differentiate between savings and accrued pension payments received into an overseas bank account without doing some deep forensics, an overseas government is never likely to be able to distinguish the difference. But where those pension payments are paid directly into an account in Thailand, that's a different story and is far easier to tax. 

 

Agree with all that but meant expats only have their pension/s and have them paid directly to their Thai bank account. They are very easy to identify.

 

The 180 day rule starts to make Non-Imm O visa from Savannakhet preferable to an extension based on marriage.

[simoh1490]

7 minutes ago, Jip99 said:

 

Agree with all that but meant expats only have their pension/s and have them paid directly to their Thai bank account. They are very easy to identify.

 

The 180 day rule starts to make Non-Imm O visa from Savannakhet preferable to an extension based on marriage.

Why? The requirement to have 400k or 800k is a visa consideration but surely not a tax consideration.

[overherebc]

If your pensions from UK are over the tax limit you pay tax in UK so by agreement it's not taxed here.

[simoh1490]

3 minutes ago, overherebc said:

If your pensions from UK are over the tax limit you pay tax in UK so by agreement it's not taxed here.

Presumably, you mean if the pension payments are over the personal allowance, so they are going to get taxed somewhere regardless.

 

And when the UK abolishes the Personal Allowance for non-resident expats. an offshore bank account in a third country might be needed for some people perhaps, either that or QROPS for private pensions.

 

 

[R123]

This issue has been active for decades. The reality and practicality is that the tax collecting authorities in Thailand do not go after the likes of those such as retirees and there is no need to sweat.

OP is scare-mongering.

Of course if some idiot wants to go to his or her local tax office and demand to know why he or she ain't being asked to pay tax, that's a different matter....

And lets face it there are plenty of half-wits living long time in Thailand

[Oxx]

16 minutes ago, overherebc said:

If your pensions from UK are over the tax limit you pay tax in UK so by agreement it's not taxed here.

 

Nonsense.  There is no such agreement.  The dual tax agreement covers government pensions (i.e. pensions paid to ex-government employees), but not private or state pensions.

[simoh1490]

I can imagine a future scenario whereby our home government notifies the government of the country where we reside that person X has received pension payment Y and since it hasn't been taxed in the country of citizenship, it should taxed in the country of residence. We're almost there on that one, my UK bank already knows my Thai TIN because they said they'd close my account if I didn't tell them where I am resident for tax purposes, the step of giving that info. to the Revenue is a small one and has probably already happened.

[ubonjoe]

Not visa related moved to here.

[overherebc]

10 minutes ago, Oxx said:

 

Nonsense.  There is no such agreement.  The dual tax agreement covers government pensions (i.e. pensions paid to ex-government employees), but not private or state pensions.

Source?

[gk10002000]

15 minutes ago, Oxx said:

 

Nonsense.  There is no such agreement.  The dual tax agreement covers government pensions (i.e. pensions paid to ex-government employees), but not private or state pensions.

So that deals with pensions.  How about dividends, interest, from stocks, bonds, funds, or other income such as some people have from rental properties, etc.  Just an interesting topic.

[overherebc]

31 minutes ago, simoh1490 said:

Presumably, you mean if the pension payments are over the personal allowance, so they are going to get taxed somewhere regardless.

 

And when the UK abolishes the Personal Allowance for non-resident expats. an offshore bank account in a third country might be needed for some people perhaps, either that or QROPS for private pensions.

 

 

UK state pensions 'old age pension'  will never reach the figure that attracts tax.

Tax is collected when the combination of pensions exceeds the allowance.

 

[sfokevin]

Curious?...

After 180 days in country would one no longer be consider a sex tourist?

 

Asking for a friend... 

[overherebc]

9 minutes ago, sfokevin said:

Curious?...

After 180 days in country would one no longer be consider a sex tourist?

 

Asking for a friend... 

Depends on age. ?

[Oxx]

40 minutes ago, overherebc said:

Source?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/507424/uk-thailand-dtc180281_-_in_force.pdf

[impulse]

1 hour ago, simoh1490 said:

Only if the income was earned in the same year it was remitted to Thailand, otherwise, it is not taxable.

 

If you make $50,000 this year, and bring in $50,000 of old money in the same year, how long do you figure before they close that gaping loophole?   If they haven't already...

 

I hope it never happens, but with today's technology, I can also see where they may be able to calculate how much a digital nomad or day trader made while sitting on a beach in Thailand- even if that income never crosses a border.  Because even if you're not a tax resident, you still owe taxes if you made it while in Thailand.

 

My horror scenario would be getting stopped at the airport on exit and being presented with a bill for taxes and penalties and interest before being allowed to pass immigration. 

 

 

[HiSoLowSoNoSo]

In the mid 80s I had to pay 7% tax on the money I told the tax authorities that I spend while in Thailand if I had stayed more than 180 days, so did all my friends in Phuket, most of us told the lady at the tax office that we stayed with a rich Thai girlfriend who paid for everything. 

[impulse]

1 minute ago, HiSoLowSoNoSo said:

In the mid 80s I had to pay 7% tax on the money I told the tax authorities that I spend while in Thailand if I had stayed more than 180 days, so did all my friends in Phuket, most of us told the lady at the tax office that we stayed with a rich Thai girlfriend who paid for everything. 

 

Does she have a younger sister or daughter?     The rich one, not the tax lady...

 

[HiSoLowSoNoSo]

1 minute ago, impulse said:

 

Does she have a younger sister or daughter?     The rich one, not the tax lady...

 

It worked for a couple of years until they changed the friendly lady to an old grumpy one, she told me; you pay tax 4000 THB, the only time I had to pay. At the end of the 80's they stopped this regulation.

[Neeranam]

45 minutes ago, gk10002000 said:

So that deals with pensions.  How about dividends, interest, from stocks, bonds, funds, or other income such as some people have from rental properties, etc.  Just an interesting topic.

I know a few professional gamblers lining in Thailand too. I know some who made a fortune on cryptocurrencies, etc.

It comes down to how honest you are, can you live with tax fraud on your ?

 

[impulse]

7 minutes ago, Neeranam said:

I know a few professional gamblers lining in Thailand too. I know some who made a fortune on cryptocurrencies, etc.

It comes down to how honest you are, can you live with tax fraud on your ?

 

Honesty, schmonesty.  Even today's technology makes that trackable.   Sooner or later, Thailand's going to get serious and then I wonder how far back they'll go when they send out the tax bills?

 

[OJAS]

22 minutes ago, Oxx said:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/507424/uk-thailand-dtc180281_-_in_force.pdf

Article 19(2)(a) covers public sector occupational pensions as a whole, not just those relating to the Civil Service.

 

In addition Article 7 covers rental income from properties in the UK, which you did not mention previously.

 

But, as you have said, the Agreement is completely silent on private sector occupational pensions and the State Pension - meaning that these are, in theory, liable to be taxed in Thailand

[Neeranam]

4 minutes ago, impulse said:

 

Honesty, schmonesty.  Even today's technology makes that trackable.   Sooner or later, Thailand's going to get serious and then I wonder how far back they'll go when they send out the tax bills?

 

For coins like monero and zCoin, I believe are anonymous. Also, if you bought them 2 years ago and save them In a hard wallet, they won't know. 

How on earth could they tell how much you win from gambling sites, based outside Thailand?

 

 

[jak2002003]

Legally a resident of Thailand?

 

So the people spending all that time applying for permanent residence are wasting tier time.. they are already have it lol.

 

 

[Jai Dee]

One troll post as well as a reply have been removed from this thread