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

[TonyClifton]

1 minute ago, possum1931 said:

"there are plenty of half-wits living long time in Thailand".

Yes, the old, fat shirtless ones showing off their big titties.

Are you referring to female half-wits, or male?

[NoshowJones]

8 hours ago, simoh1490 said:

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.

"it should taxed in the country of residence".   Residence or permanent residence? there are very few Farangs with permanent residency here in Thailand.

[impulse]

2 minutes ago, possum1931 said:

"it should taxed in the country of residence".   Residence or permanent residence? there are very few Farangs with permanent residency here in Thailand.

 

Tax residence, as defined by Thailand to be 180+ days per year in the country.   And it doesn't have to be 180 contiguous days.  It's aggregate days.

[NoshowJones]

7 hours 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 ?

 

No! I could not with myself  if I frauded the UK of Tax.

[simoh1490]

6 minutes ago, possum1931 said:

"it should taxed in the country of residence".   Residence or permanent residence? there are very few Farangs with permanent residency here in Thailand.

Just because we're not officially permanent residents here, doesn't mean we're not permanent residents here, that old chestnut doesn't fly I'm afraid!

[NoshowJones]

11 minutes ago, TonyClifton said:

Are you referring to female half-wits, or male?

No, male, females showing titties would be breaking the law.

[Get Real]

This rule has been in effect for so many years that it´s just old news. Neither is it specific for Thailand, due to the same kind of rules in many other countries in the European Union and the world.

[oconduin]

9 hours ago, overherebc said:

Source?

I reckon its in the Double tax agreement between Thailand and UK ..available on google

David

[Autonuaq]

No shock at all is the same in most countries.

 

And for that Thailand has many treaties about preventing dual taxation.

 

Those who are in shock should go back to school and collect their school money back.

 

Then get proper education about international and local law and treaties.

You will be in shock and surd and smile about how good and funny things are arranged.

 

[sometimewoodworker]

9 hours ago, OJAS said:

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

Well no it isn't. They are all subject to income tax (all pensions are income). So they are included in the dual taxation agreement. 

 

All dual taxation agreements work roughly in the same way. 

Calclate your tax liability in the UK.

Calclate your tax liability in Thailand.

See how much UK tax you have to/will pay

If this is greater or equal to the Thai tax liability pay nothing in Thailand.

If it is less than your Thai tax liability offset the UK tax paid and pay the difference to the Thai tax authority.

 

 

[JimGant]

Quote

Taxing expats would make Thailand a very unpopular destination for retirees and would probably send a fair number of those already here out looking for greener pastures.

How many here are escaping home country taxation by living in Thailand? Using the US as an example, if Thailand decides to not take its treaty right to tax my US private/IRA pension, then the US gets full taxation rights, per the so-called saving clause (if Thailand *does* tax such pension, then, per treaty, I get a US tax credit for such Thai taxes -- even steven -- usually).

 

But, since Thailand does not tax my private pension (because it is brought into Thailand in year not earned, and because they don't even care to look at such calendar specific information), I pay US tax on this pension -- and am in the same place as if I'd never moved to Thailand. So, if Thailand wised-up, and started using its treaty right to tax private pensions (which would cover not just the US, but most countries with which they have OECD Model tax treaties), I'd be paying the same amount of tax -- but, instead, it would go to fixing Thai pot holes, and not US pot holes, as the tax credit would eliminate any tax dollars to the US. So, your assertion that taxing expats would send them to greener pastures does not apply to US expats -- and maybe many others (as several European countries have equivalent of the saving clause, to eliminate the so-called "dual non taxation" situation with current tax treaties).

 

Anyway, down the road, because of FATCA and CRS, and because paper checks will be history -- your financial record will be known to all. But as  a Yank, I don't see any change in my tax situation due to this all-encompassing reporting. But, maybe some, who somehow were off the hook, will now end up paying some country a tax bill. Hopefully, it will be to Thailand, as all contributions greatly appreciated -- and warranted to the country of your residence.

[Oxx]

4 minutes ago, sometimewoodworker said:

All dual taxation agreements work roughly in the same way. 

Calclate your tax liability in the UK.

Calclate your tax liability in Thailand.

See how much UK tax you have to/will pay

If this is greater or equal to the Thai tax liability pay nothing in Thailand.

If it is less than your Thai tax liability offset the UK tax paid and pay the difference to the Thai tax authority.

 

If you really are that totally clueless, please don't post.  Your inane drivel is a waste of electrons.

The dual tax agreement between the UK and Thailand most certainly does not mean what you think it does.  Have you actually read and understood it?

 

And income can (according to treaty and under certain circumstances) most certainly be taxed both in the UK and Thailand.

[whaleboneman]

11 hours ago, sfokevin said:

Curious?...

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

 

Asking for a friend... 

After 180 days you are a sex maniac tourist.

[sometimewoodworker]

18 minutes ago, Oxx said:

 

If you really are that totally clueless, please don't post.  Your inane drivel is a waste of electrons.

The dual tax agreement between the UK and Thailand most certainly does not mean what you think it does.  Have you actually read and understood it?

 

And income can (according to treaty and under certain circumstances) most certainly be taxed both in the UK and Thailand.

Well ignoring your pejorative remarks which seem to be aptly  descriptive of yourself. 

Yes I have, read it and more to the point have understood it.

 

While ignoring a very few special cases my summation is essentially correct 

 

Quote

(1) The existing taxes which are the subject of this Convention are: (a) in the United Kingdom:

(i) the income tax;

Quote

(b) in Thailand:
(i) the income tax 

 

A dual taxation agreement is designed to stop people paying more total tax by offsetting tax paid in one country against liability in th other.

 

Quote

(3) In the case of Thailand, United Kingdom tax payable in accordance with this Convention in respect of income from sources within the United Kingdom shall be allowed as a credit against Thai tax payable in respect of that income. The credit shall not, however, exceed that part of the Thai tax, as computed before the credit is given, which is appropriate to such item of income.

(1) In the case of the United Kingdom and subject to the provisions of the law of the United Kingdom regarding the allowance as a credit against United Kingdom tax of tax payable in a territory outside the United Kingdom (which shall not affect the general principle hereof):
(a) Thai tax payable under the laws of Thailand and in accordance with this Convention, whether directly or by deduction, on profits, income or chargeable gains from sources within Thailand (excluding, in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any United Kingdom tax computed by reference to the same profits, income or chargeable gains by reference to which the Thai tax is computed.

 

 

[Jip99]

5 hours ago, Mattd said:

Please can you explain your logic as to why the 180 day rule would not apply in the cases of non o visa holders?

The tax residency is very clear, stay in Thailand for an aggregate time of 180 days in one calendar year (as is the Thai tax year) then you are considered tax resident, end of!

However, it has been like this for decades, so not sure why people worry so much.

 

 

Because someone one referred to consecutive days........ if it is aggregate, then my plan fails.

[jayboy]

No, the source does not have to be related to a business in Thailand, it just has to be income. As you say however, leaving it overseas avoids any liability.

Not necessarily.If you were working in Thailand and all or part of your salary was paid overseas, you would still be subject to Thai income tax on it.Whether you declared it all or not is another question.


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[Surasak]

I think it would be of interest to read the, ' double tax treaty', between the UK and Thailand.

https://www.gov.uk/government/publications/thailand-tax-treaties

[ericthai]

13 hours ago, R123 said:

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

I agree with you.  My first girlfriend in Thailand owned a shop and never paid tax, her shop wasn't legal either.  I'm sure 90% of the street vendor are not legal and not paying tax either.  

[stud858]

Does my statement sound acceptable.?

I am an Australian citizen and resident and for tax purposeses also the same by definition of gov.  I travel overseas for extended periods but always intend to return to live in my house in Australia.

So and because of the Australian tax treaty  with Thailand I am not considered a resident in Thailand for tax purposes.

 

 

[simoh1490]

1 minute ago, stud858 said:

Does my statement sound acceptable.?

I am an Australian citizen and resident and for tax purposeses also the same by definition of gov.  I travel overseas for extended periods but always intend to return to live in my house in Australia.

So and because of the Australian tax treaty  with Thailand I am not considered a resident in Thailand for tax purposes.

 

 

Tax residency is usually determined by the number of days you spend in any one country during a tax year, if you are present there for more than 180 days in each tax year you will almost certainly be considered tax resident, regardless of what your future intentions are.

[farcanell]

Please please... how do I get a Thai tax file number... that’ll completely screw with the Australian tax department, once I return there, and they start asking squirrelly questions (and the will) about my shady dealings of the last decade.

 

anyway... of note is that tax is paid on moneys earned, in a financial year... superannuation or “gifts” are not moneys earned in a year, so cut those out (hint.... transfer “pay” into your siblings account, and have them transfer it to you as a gift)

 

but... for dealings within Thailand.... take no chances and pay the man

[simoh1490]

24 minutes ago, farcanell said:

Please please... how do I get a Thai tax file number... that’ll completely screw with the Australian tax department, once I return there, and they start asking squirrelly questions (and the will) about my shady dealings of the last decade.

 

anyway... of note is that tax is paid on moneys earned, in a financial year... superannuation or “gifts” are not moneys earned in a year, so cut those out (hint.... transfer “pay” into your siblings account, and have them transfer it to you as a gift)

 

but... for dealings within Thailand.... take no chances and pay the man

Take yourself and your passport to the local Revenue offices and ask for one...hints: be certain your passport shows that you spend more than 180 days here or they may not give you one. Hint2: tell them you have taxable income here that you will want to reclaim in the future, savings account interest will do.

 

Hint3 re. the above: superannuation may not technically be earned but it is regarded as earnings hence it is still liable to tax.

[bandito]

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

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

 

Pensions are not taxed or taxable in Thailand.

[simoh1490]

7 minutes ago, bandito said:

 

Pensions are not taxed or taxable in Thailand.

Why do you think that? A private pension is pure and simply income and all income can be taxed.

[bandito]

2 minutes ago, simoh1490 said:

Why do you think that? A private pension is pure and simply income and all income can be taxed.

 Tax Law of Thailand.

[simoh1490]

1 minute ago, bandito said:

 Tax Law of Thailand.

Thai pension income is not taxable I agree but I'm pretty certain you'll find that overseas pension income of non -Thai's is.

[bandito]

7 minutes ago, simoh1490 said:

Thai pension income is not taxable I agree but I'm pretty certain you'll find that overseas pension income of non -Thai's is.

 

Is not.

Am living here as a pensioner for around 20 years.

Came here in 1976.

These tax laws are mostly for working foreigners in thailand.

[simoh1490]

Just now, bandito said:

 

Is not.

Am living here as a pensioner for around 20 years.

Came here in 1976.

I'm not certain you understand the discussion - what's being discussed is that tax residency is greater than 180 days and that at some point in the future overseas income that is brought into Thailand in the year it is earned, could be subject to Thai tax. I agree at present it is not subject to Thai tax but I don't think there's anything in Thai tax law that says it cannot be taxed in the future, unless you can provide a link to something that says otherwise. And I also have lived here for 16 years and I'm also a pensioner in receipt of overseas pensions.

[bandito]

6 minutes ago, simoh1490 said:

I'm not certain you understand the discussion - what's being discussed is that tax residency is greater than 180 days and that at some point in the future overseas income that is brought into Thailand in the year it is earned, could be subject to Thai tax. I agree at present it is not subject to Thai tax but I don't think there's anything in Thai tax law that says it cannot be taxed in the future, unless you can provide a link to something that says otherwise. And I also have lived here for 16 years and I'm also a pensioner in receipt of overseas pensions.

 

I understand the discussion very well.

As said I came and live here since 1976.

I had to leave the country every 90 to 100 days for my work.

That time before leaving the country one had to go to the Finance Ministry at Sanam Luang, BKK and get a Tax Clearance Certificate which I always got without telling me to pay taxes or asking me if I had, believe me they checked.

Later Prime Minister Anand made an end on the practise of getting a Tax Clearance.

I don't have any links.

Google is your friend.

Have a nice tax paying day.

[simoh1490]

5 minutes ago, bandito said:

 

I understand the discussion very well.

As said I came and live here since 1976.

I had to leave the country every 90 to 100 days for my work.

That time before leaving the country one had to go to the Finance Ministry at Sanam Luang, BKK and get a Tax Clearance Certificate which I always got without telling me to pay taxes or asking me if I had, believe me they checked.

Later Prime Minister Anand made an end on the practise of getting a Tax Clearance.

I don't have any links.

Google is your friend.

Have a nice tax paying day.

You still don't understand the discussion! We're not talking about the past or even about today, we're discussing the potential that pensions COULD BE taxed in the FUTURE so your story about what you did 25 years ago is not really relevant. So there is nothing in Thai tax law that says overseas pensions cannot be taxed, as I think we all know is the case!!!