Hi.

 

Thai amphur death certicate with no adress for my father:

 

My father emigrated to Thailand before he died, and

the taz authority de-registered him from european country.

 

I was told by the embassy in Bangkok for my own country, that they

"can not" registered the Thai addres where my father domiciled and

built his house on the girlfriends  chanote/land.

 

He emigrated to Thailand and declared this with the European tax

authority that his domcile adress was thailand before he died, who

have stamped a report about this.

 

My father´s address on his thai death certicate - amphur:

states he has no address iin thai.

 

Is there any thai law stopping a european expat  from being

registered on a thai address where he was domicled-

as the embassy refuses to put dads address on his

death certicate saying the girlfriend owns the land.,,..

 

TIA

Foreigners can not only be registered as living at an address in Thailand, it is required that they be under the Civil registration law (though not enforced).

 

This is what listing in a yellow tabian ban (house registration) accomplishes. But many people fail to get one.

 

If your father never got a tabian ban for himself, this may be the problem. The embassy likely wants to see some sort of proof of address that is legally valid in Thailand.

 

He will h have been reporting his address regularly to immigration (it is required every 90 days) and also been supplying them with some sort of proof of residence (may have been a declaration signed by his girlfriend) every time he did an extension of stay. Immigration can issue a Certificate of Residence based on this for  a live person...However I doubt you can get Immigration to issue this for a deceased person.

 

If your father every bought or registered a car or motorcycle he likely got such a document. Ask his girlfriend to go through all his papers and see if she can locate something like this.

 

If you can locate a Certificate of Residence from immigration for him then the Embassy would have no reason to refuse to list that address.   Ditto if there was a tabian ban listing.

Why is this important that there be a Thai address? Is this about a taxation complication in his home country?

"as the embassy refuses to put dads address on his

death certicate" 

 

The Embassy of a other country cannot alter the death certificate. As stated by an earlier reply, proof of residence can be done via a yellow tabien ban or TM30 Certificate of Residence, however, that information would need to be presented to the Amphur, which is where the death certificate originated. I'm curious. Does the translated death certificate match the one in Thai language? 

There is a legal difference from being 'domiciled' as opposed to 'residing' in a given country. Your dad clearly resided in Thailand, but whether he is domiciled here depends on the extent to which he has cut all his ties to the European country that he came from. It is a bit like moving states in the US, and if you, for example, move from high tax NY to no-tax Florida to avoid taxes this can be challenged and if for example you spend the summer months in NY and the winter in Florida. So if your father needed an operation, would he scoot back to Europe, or have it done here? 

A domicile change is never approved by any country as far as I know, you simply notify the authorities that you are leaving Europe and will be domiciled in Thailand and the rationale. You hear nothing back....BUT after your death the tax authorities in the original Euro country can challenge your domicile and claim death duties. Such a case would be handled by a negotiation or by a court.

I don't see that Sheryl's tabian ban book idea will lead to proof of domicile if you father owned property in Europe which he visited and stayed at regularly or went back for medical care.

I'd check with some international taxation experts if I were you. 

I should qualify that naturally different laws apply to different countries. In my own case I went through this process moving to the US from UK which was in the EU then (although I think local taxation laws apply anyway).

Edited May 10, 20215 yr by Pedrogaz

On 5/8/2021 at 11:54 PM, Lightangel000 said:

He emigrated to Thailand and declared this with the European tax

authority that his domcile adress was thailand before he died, who

have stamped a report about this.

 

I am not sure why you are seeking to get his address/domicile in Thailand, however most countries can declare a person as a foreign or non resident once they are out of their country for more than 186 days in any financial year.

 

If your dad made it clear that he was a non or foreign resident to his country then then they would have that as a record, and if he had property or assets in that country, depending on their tax laws, his estate will be paying the full brunt of the taxes as a non or foreign resident.

 

A domicile can be a park or somewhere where a person resides as I recall reading it in a piece of legislation once.

 

If you have his passport that will show entries and exit dates, and if you don't, if you have his death certificate, you could ask immigration here and at his home country for copies of the times he entered and exited both countries which might help for what ever purpose you require to establish his domicile ? 

On 5/8/2021 at 7:24 AM, Jingthing said:

Why is this important that there be a Thai address? Is this about a taxation complication in his home country?

Same thought here!  sure he immigrated here to avoid taxes but unless there is a reason I would assume the son could just list his address back home just happened to be visiting Thailand?  ????

On 5/10/2021 at 6:39 PM, 4MyEgo said:

 

I am not sure why you are seeking to get his address/domicile in Thailand, however most countries can declare a person as a foreign or non resident once they are out of their country for more than 186 days in any financial year.

 

Is it 186 days now? I have 183 in mind. I hope it's not creeping up like many other things.

2 hours ago, JackGats said:

Is it 186 days now? I have 183 in mind. I hope it's not creeping up like many other things.

 

If I said 186, my bad, it is 183 days in a financial year (for Australia).

domicile of choice. In order to acquire a domicile of choice, you must demonstrate the following:

• You have settled permanently in the country in which you now consider yourself domiciled;
• You must intend to stay there for the rest of your life;
• Generally, you must break your ties with the country of your domicile of origin.
• You will have to prove that you have chosen to live in the new country on a permanent basis and provide strong evidence of your intention to stay there permanently or indefinitely

I would think that would be unrealistic for Thailand, as you may need residency in Thailand perhaps not just a Visa/Extension..

 

I remember reading an article a while back that suggested you may have to be in your chosen domicile for 17 years+ before you could avoid IHT for assets in the UK etc.

 

(all from a UK perspective)

 

The 180-183 day thing is just for you general taxation...

Edited May 21, 20215 yr by UKresonant

The domicile argument is usually used in the context of where a person doesn't live rather than where a person does live. In the UK for example, a UK citizen is regarded as being domiciled there, until they prove they aren't. The civil and legal authorities don't benefit by accepting a person as being domiciled in a particular country, it's not as though being domiciled brings with it all manner of benefits that person wouldn't otherwise have. But not being domiciled somewhere can bring benefits, exclusion from Inheritance tax for example.

 

Everyone must be regarded as being domiciled somewhere, it is the country or place with which they have the strongest ties. For example, I am a UK citizen who has lived in Thailand for twenty years. If I have no ties with the UK I could be regarded as being domiciled in Thailand and the authorities would be unable to make a case that I am UK domiciled. But if I have only one remaining connection with the UK I may lose that argument. Thailand wouldn't have a say in that discussion either way, me being domiciled here is beyond their control since it is only my ties that are being scrutinized. Unfortunately in the case of the UK and potentially other countries also, the issue of domicile cannot be concluded whilst the person is still alive. This is not to confuse estate domicile with domicile for taxation and income purposes, the latter being much easier to achieve.