Country of Tax Residency

[4MyEgo]

12 minutes ago, Leaver said:

I think I have misunderstood.

 

When you said you don't pay tax, I thought you meant in Australia, where your income is being generated.

 

Clearly, you are paying tax in Australia.

 

If working online and on the phone, I know the chances of being caught are slim to zero, but you are working here.  

See post #60 that should clear it up a little more, the tax is minimal, so best not to stir up the hornet's nest as the payments go into my Oz accounts, easily traceable.

Edited October 17, 2020 by 4MyEgo

[JimGant]

On 10/16/2020 at 6:53 PM, partington said:

Your tax status or lack of it in Australia is not what 'make you a tax resident in Thailand'.  

 

Thailand's tax residency criteria are not affected by whether Australia considers you tax resident. They are independent systems which cannot affect each other.

 

You either are, or are not, according to Thailand's tax code alone, with no reference to your status anywhere else.

Actually, tax treaties do deal with the problem of conflicting tax residencies. The following is from the US-Thai tax treaty technical explanation from the IRS. I would assume something similar exists for the Oz-Thai tax treaty, as all these treaties are basically OECD cookie cutter types. And while these existing treaties were written with the primary intent of avoiding double taxation, they have, in several instances, allowed for NO taxation by either of the contracting countries. This was not the intent, and as a consequence, many of these treaties are now being re-written to make sure you pay tax to either your old or your new country of residence.

 

Quote

If, under the laws of the two Contracting States, and, thus, under paragraph 1, an individual is deemed to be a resident of both Contracting States, a series of tie-breaker rules are provided in paragraph 2 to determine a single State of residence for that individual. These tests are to be applied in the order in which they are stated. The first test is based on where the
individual has a permanent home. If that test is inconclusive because the individual has a permanent home available to him in both States, he will be considered to be a resident of the Contracting State where his personal and economic relations are closest (i.e., the location of his "center of vital interests"). If that test is also inconclusive, or if he does not have a permanent home available to him in either State, he will be treated as a resident of the Contracting State where he maintains an habitual abode. If he has an habitual abode in both States or in neither of them, he will be treated as a resident of his Contracting State of citizenship. If he is a citizen of both States or of neither, the matter will be considered by the competent authorities, who will assign a single State of residence.

 

[Leaver]

On 10/17/2020 at 4:45 PM, 4MyEgo said:

See post #60 that should clear it up a little more, the tax is minimal, so best not to stir up the hornet's nest as the payments go into my Oz accounts, easily traceable.

No hornets nest.

 

I gather you are working in Thailand, online, for clients in Australia.  No bother.  

 

Like I said, slim to zero chance of being caught, but you are working in Thailand, so there are work permit and immigration issues.  

 

Once again, no bother, but don't have a falling out with your Thai missus.  ????  

[sometimewoodworker]

On 10/14/2020 at 4:11 PM, JAS21 said:

I am UK Non-Resident and Not Ordinary Resident and also a Non Resident Landlord and have been so since 2007. I have never been back to the UK since leaving in 2007. Every year I complete an on-line tax form, the one by Tax Calc. It has always included my state pension. My understanding is that ALL UK Derived Money is taxed by the UK Government. Here in Thailand I have a tax number but it is only so that I can claim back my withholding tax. I am retired.

Succinct, I am in a similar position to you, though I have an investment that is managed through Hongkong so pay no U.K. tax on that. My rental income and pension (U.K. generated) is over the U.K. personal limit so I do pay U.K. tax on that.

 

FWIW you can avoid having to claim back Thai withholding tax if you take your Thai tax ID into the bank (not easily but it works) and your interest is under 20,000 pa.

[4MyEgo]

7 hours ago, Leaver said:

No hornets nest.

 

I gather you are working in Thailand, online, for clients in Australia.  No bother.  

 

Like I said, slim to zero chance of being caught, but you are working in Thailand, so there are work permit and immigration issues.  

 

Once again, no bother, but don't have a falling out with your Thai missus.  ????  

I wouldn't call a couple of reports that take 2 hours each at best a month working, hardly ????

 

Fall out with the Mrs, never going to happen, she knows her place and how much of a superannuation and life insurance payout is coming her way when I cark it, clever girl my Mrs in for the long haul????