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

[gamb00ler]

On 10/1/2018 at 4:50 AM, simoh1490 said:

Yes that's the one, it will happen sooner or later. The US has clamped down in similar areas, non-resident green card holders who are paid US Social Security (pension) are now taxed at source at a rate of 24.5% with NO opportunity to recover the tax since they are no longer allowed personal exemptions on their tax returns - it's soft target time on planet earth

You should check this tool from the SSA to help determine if you are subject to the witholding that you describe.

 

SSA page

[Bill Miller]

On 3/2/2018 at 7:30 AM, ezzra said:

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,

I think the keyword is "assessable", i.e. wages or business profit. 
Any tax goniffs know if pension payments are exempt?

[Scottjouro]

5 hours ago, Bill Miller said:

I think the keyword is "assessable", i.e. wages or business profit. 
Any tax goniffs know if pension payments are exempt?

Why would it be ?...is pension tax excempt in say the UK or US or Aussie ?...no ....if it exceeds certain threseholds 

 

One could argue that an overseas pension is not taxable given it wasnt "earned" or source is Thailand

 

One could also argue pension payments which are not taxed at foreign source, and person is tax resident in Thailand could/should be paying tax in Thailand

 

One day pensioners in Thailand may have to declare their tax affairs in Thailand and if tax had not paid already on the money they may find themselves liable for tax in Thailand

[Bill Miller]

6 hours ago, Scottjouro said:

Why would it be ?...is pension tax excempt in say the UK or US or Aussie ?...no ....if it exceeds certain threseholds 

 

One could argue that an overseas pension is not taxable given it wasnt "earned" or source is Thailand

 

One could also argue pension payments which are not taxed at foreign source, and person is tax resident in Thailand could/should be paying tax in Thailand

 

One day pensioners in Thailand may have to declare their tax affairs in Thailand and if tax had not paid already on the money they may find themselves liable for tax in Thailand

Yes, in the US your social security pension is not taxed until a certain threshold. It is why I asked if any tax boffins know the answer, not a bunch of "well maybes".
Thanks anyway.
Again, is there anyone who knows if foreign retirement, i.e. pensions, are considered "earned", taxable income under this regulation? We can speculate until the kwai come home, but somebody, somewhere, has the answer.

[Scottjouro]

4 hours ago, Bill Miller said:

Yes, in the US your social security pension is not taxed until a certain threshold. It is why I asked if any tax boffins know the answer, not a bunch of "well maybes".
Thanks anyway.
Again, is there anyone who knows if foreign retirement, i.e. pensions, are considered "earned", taxable income under this regulation? We can speculate until the kwai come home, but somebody, somewhere, has the answer.

Well and maybe are the only answers you will get here, for a defintive answer ask the Thai tax department or retain a tax lawyer at PWC in BKK 

[jak2002003]

Been here many years now and it still say 'none resident' on my passport... so that is that.

 

 

 

[JimGant]

Quote

Again, is there anyone who knows if foreign retirement, i.e. pensions, are considered "earned", taxable income under this regulation?

Foreign pensions may or may not be taxable in Thailand, dependent upon the tax treaty between your country and Thailand. The Thai/US tax treaty has government pensions, to include Social Security, taxable only by the US. Private pensions, however, are taxable by residents of Thailand if brought into Thailand in the year derived. Thus, to avoid this don't have private pensions direct deposited into Thailand but filter through a US bank account.

https://www.pwc.com/th/en/tax/thai-tax-booklet.html

[Scottjouro]

11 hours ago, jak2002003 said:

Been here many years now and it still say 'none resident' on my passport... so that is that.

 

 

 

Actually it says " Non-resident", and thats to do with legal residence status, not residency for tax purposes, 180 days or more a year in Thailand and you are resident for tax purposes...so that is that 

[Jaggg88]

As An Expat, Why Do I Pay Tax On My UK Pension?

https://www.expatnetwork.com/tax-resident-uk-thailand/

[Dumbastheycome]

A question  of  "tax  location  jurisdiction".  If an original  national place of residence  is provable  by way of  address  and ongoing accounts such as  energy and telephone  billing then and the  absence of any "residency"  status  in any other  country  then it  must  be assumed  the individual is  on an extended  holiday. 

[sometimewoodworker]

10 hours ago, Dumbastheycome said:

A question  of  "tax  location  jurisdiction".  If an original  national place of residence  is provable  by way of  address  and ongoing accounts such as  energy and telephone  billing then and the  absence of any "residency"  status  in any other  country  then it  must  be assumed  the individual is  on an extended  holiday. 

That would be nice, but tax offices have no interest in you tax residency status in any other country, in deciding if you are tax resident in thier county.

 

It is quite easy to be tax resident in 2 or more counties at the same time.

[sometimewoodworker]

On 11/2/2018 at 11:26 AM, RotBenz8888 said:

So you've gained income and been tax registered in Europe, and yet spent over 180d per year in Thailand the past few years, then one day, your decide to tax register in Thailand. Will the rules according to the Double Tax Treaties still apply for any possible retroactive tax?

Registration (getting a Thai tax number) makes no difference as to your tax status, if you spend sufficient time for tax residency, you are tax resident. If you haven't filed tax forms and you should have, and you should have paid Thai tax you probably need a tax professionals help.

[Dumbastheycome]

4 hours ago, sometimewoodworker said:

That would be nice, but tax offices have no interest in you tax residency status in any other country, in deciding if you are tax resident in thier county.

 

It is quite easy to be tax resident in 2 or more counties at the same time.

True.....if you are a tax payer in any other country.

Tax Departments have a priority interest status of  tax residency on that basis.

Other Departments have interest in residential status for different priorities.. 

To  date that has worked  for me as a non resident non taxpayer in Thailand being provided annual permission to stay.

[sometimewoodworker]

13 minutes ago, Dumbastheycome said:

To  date that has worked  for me as a non resident non taxpayer in Thailand being provided annual permission to stay.

Depending on the number of days you spend in Thailand in a year you will be resident for tax purposes. However as far as I know it is not difficult to have no tax liability in Thailand if you don't work here, though if you are using money in the bank you are almost certainly a taxpayer but  you can probably get all of that back by filling a tax return.

 

The revenue department will be unlikely to tell you that unless you ask. Also unlikely to require a tax return if you don't want to bother to get your money back.

Edited December 7, 2018 by sometimewoodworker

[Jonmarleesco]

On 3/2/2018 at 7:32 AM, steven100 said:

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

Not in the same tax year, you don't.