Tax declaration for Thai Wife

[moogradod]

My wife would need to file a tax declaration for 2019 (until March 2020).

 

My someone recommend a good tax consultant in the Pattaya area who can fill out the declaration for her ?

[JoePai]

The one we found the best is CAT - office in Threppisit Road

[moogradod]

Thanks JoePai

 

We will contact CAT.

 

Have a nice Christmas and a Happy New Year.

[moogradod]

On 12/23/2018 at 5:10 PM, JoePai said:

The one we found the best is CAT - office in Threppisit Road

We did contact them and after a while we were able to meet with the director for 30 minutes. We received some quick answers but a follow up email to confirm our understanding was not answered. And a further follow up email as well not.

 

There must be at least ONE reliable tax consultant office here in Pattaya that could assist with a personal income tax declaration and to answer the following simple question WITHOUT DOUBT:

 

When I transfer ASSETS in 2019 from my account in Switzerland to some of my Thai wifes accounts in Thailand - would she have to pay tax on the amounts (not the interest derived). Some say Yes, some say No. But I need to be sure since the amounts are significant. To be sure means = confirmed with the tax authorities themselves through our consultant to be or finding the crystal clear passage in the tax code that explains that without leaving any questions open.

[ballbreaker]

I would think since she is your wife and you are transferring money into Thailand from foreign accounts, which I assume you earned outside Thailand and already paid taxes, she would not be liable for tax on those funds.

 

You can review revenue code at:  http://library.siam-legal.com/thailand-revenue-code/

 

 

[moogradod]

21 hours ago, ballbreaker said:

I would think since she is your wife and you are transferring money into Thailand from foreign accounts, which I assume you earned outside Thailand and already paid taxes, she would not be liable for tax on those funds.

You can review revenue code at:  http://library.siam-legal.com/thailand-revenue-code/

Thanks. I think the same.

 

But even after reading the tax code even the very most basic questions remain open. Example: In 2018 my wife and me have not been tax resident in Thailand. So there is no tax return for 2018 in 2019 to be filed - or is it ?

 

Then the text of your link above does not mention a gift tax or explicitely gifts. This is strange because in the past there has been such a thing. Has the code been revised considerable a short time ago ? There are many passages that need further explanation.

 

That is why we need a tax consultant. Did not find yet anyone competent though. Siam-legal does not provide tax related services - I have contacted them and received an answer within one day.

 

[ballbreaker]

Make sure you check any double taxation treaty that exist between your country and Thailand.

 

Links to more reading that might help.

https://www.tilleke.com/sites/default/files/Thailand-Tax-Guide.pdf

http://www.rd.go.th/publish/6045.0.html

 

 

[moogradod]

2 hours ago, ballbreaker said:

Make sure you check any double taxation treaty that exist between your country and Thailand.

 

Links to more reading that might help.

https://www.tilleke.com/sites/default/files/Thailand-Tax-Guide.pdf

http://www.rd.go.th/publish/6045.0.html

Thanks for your help. I know the double taxation treaty between Switzerland and Thailand and I have read it word for word before. I know as well the Tilleke Tax Guide. Based on that my understanding is that there is no problem at all - but this is my understanding alone.

 

Generally I feel reluctance from anybody wanting to clarify here if I ask. Or I get drastically different opinions. All this from people who should know.

[Dumbastheycome]

On 2/15/2019 at 9:52 AM, moogradod said:

We did contact them and after a while we were able to meet with the director for 30 minutes. We received some quick answers but a follow up email to confirm our understanding was not answered. And a further follow up email as well not.

 

There must be at least ONE reliable tax consultant office here in Pattaya that could assist with a personal income tax declaration and to answer the following simple question WITHOUT DOUBT:

 

When I transfer ASSETS in 2019 from my account in Switzerland to some of my Thai wifes accounts in Thailand - would she have to pay tax on the amounts (not the interest derived). Some say Yes, some say No. But I need to be sure since the amounts are significant. To be sure means = confirmed with the tax authorities themselves through our consultant to be or finding the crystal clear passage in the tax code that explains that without leaving any questions open.

Consider  why you would  move finance of  significant value to interest the Thai Tax Department into Thailand? In your wife's name? Why not your own? Is there  some  Swiss tax avoidance advantage over and above  tax  outcomes in Thailand

I am not  knocking your  intent. I am just curious as to  why?

[moogradod]

1 hour ago, Dumbastheycome said:

I am not  knocking your  intent. I am just curious as to  why?

Thai inheritance regulations are quite unique and advantageous for us. And my lifespan may be considerably shorter than that of my wife - I am older. No tax avoidance here whatsoever.

[andreww]

@moogradod, have you found answer to your question? I'm in a similar situation, scratching my head about my wife's TRs for 2019, her only income - transfers from me.

[blackcab]

It is a matter of quantity. The answer is:

 

Maintenance from one spouse to another spouse in not treated as assessable income as long as the amount of maintenance given is 20 million baht or less per annum.

 

For reference, please see Section 42 (27) of the Revenue Code.

[Mark35]

I know it's an old tread, but the Section 42 (27) does not seem to point to the 20 million baht or less per annum.

I would like to know this for sure too.