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Posted
6 minutes ago, oldcpu said:

 

As has been pointed out , when one exits and re-enters Thailand, that resets the 1 year clock.

 

As for reporting where you live once per year, when you re-enter Thailand, you still must do an online TM-30 which indicates to immigration where you are staying. 

 

There is nothing new there.

if you check out the response of SHA 22 BKK, where there is included the info in the BOI website about this subject - includes reporting to the BOI immigration the tm.30  info plu plus plus.

Posted
6 minutes ago, Presnock said:

if you check out the response of SHA 22 BKK, where there is included the info in the BOI website about this subject - includes reporting to the BOI immigration the tm.30  info plu plus plus.

 

Yes - that response of SHA 22 BKK is relevant for reporting if after 1 year, one has still not left the country.  Then one must fill in those appropriate forms as the 1-year reporting "counter" was never reset.

 

However if one exits and returns, as has been noted, the clock/clock for 1 year restarts counting from the beginning again.

 

Still, my understanding, and I would be happy to be proven wrong with a pointer to an official document, NONE OF THAT exempts an LTR visa holder from having to complete a TM-30.  TM-30s are still, as far as I can determine required when one re-enters the country. And that TM-30 lists where one is staying.

 

The confusing aspect for many of us with regard to TM-30s, is each immigration office appears to interpret the TM-30 requirement differently.  Since as LTR visa holders, we have much less interaction with immigration, it is likely (?) this "TM-30" aspect is not a big thing and will never arise as an issue if not completed.   In my case, I am very conservative, so I did (have my Thai wife for me) fill in an online TM-30 when I returned to Thailand a couple of weeks ago.

Posted
4 minutes ago, oldcpu said:

 

Yes - that response of SHA 22 BKK is relevant for reporting if after 1 year, one has still not left the country.  Then one must fill in those appropriate forms as the 1-year reporting "counter" was never reset.

 

However if one exits and returns, as has been noted, the clock/clock for 1 year restarts counting from the beginning again.

 

Still, my understanding, and I would be happy to be proven wrong with a pointer to an official document, NONE OF THAT exempts an LTR visa holder from having to complete a TM-30.  TM-30s are still, as far as I can determine required when one re-enters the country. And that TM-30 lists where one is staying.

 

The confusing aspect for many of us with regard to TM-30s, is each immigration office appears to interpret the TM-30 requirement differently.  Since as LTR visa holders, we have much less interaction with immigration, it is likely (?) this "TM-30" aspect is not a big thing and will never arise as an issue if not completed.   In my case, I am very conservative, so I did (have my Thai wife for me) fill in an online TM-30 when I returned to Thailand a couple of weeks ago.

 

4 minutes ago, oldcpu said:

 

Yes - that response of SHA 22 BKK is relevant for reporting if after 1 year, one has still not left the country.  Then one must fill in those appropriate forms as the 1-year reporting "counter" was never reset.

 

However if one exits and returns, as has been noted, the clock/clock for 1 year restarts counting from the beginning again.

 

Still, my understanding, and I would be happy to be proven wrong with a pointer to an official document, NONE OF THAT exempts an LTR visa holder from having to complete a TM-30.  TM-30s are still, as far as I can determine required when one re-enters the country. And that TM-30 lists where one is staying.

 

The confusing aspect for many of us with regard to TM-30s, is each immigration office appears to interpret the TM-30 requirement differently.  Since as LTR visa holders, we have much less interaction with immigration, it is likely (?) this "TM-30" aspect is not a big thing and will never arise as an issue if not completed.   In my case, I am very conservative, so I did (have my Thai wife for me) fill in an online TM-30 when I returned to Thailand a couple of weeks ago.

The response was a BOI explanation of the yearly report and included in the first sentence that one was to do the TM.30 at the BOI immigration office or I guess who ever is doing the report pluse the

other requirements.  Yes I think that 99.9% of the forum users don't have a very good opinion of the TM30 reporting and I am included in that too but since I will go my yearly report at the BOI office, they have their own immigration office there and they so far took good care of us without any problems.  The requirement of the BOI was to report one's current local address with the other documentation and 

that was also how it was explained to me when I received the stamps in March of this year.  But, I only pass on MY experience in these issues since I am only responsible for myself and no one else.  

take care, enjoy the heat!

Posted
3 minutes ago, Presnock said:

 

The response was a BOI explanation of the yearly report and included in the first sentence that one was to do the TM.30 at the BOI immigration office or I guess who ever is doing the report pluse the other requirements. 

 

I read that - but that was for the documents needed if one does not leave the country and has to do a 1-year report at BoI.

 

The other half of that was to do with a Thai driver's licence application (either TM-30 or legal document with regard to property where one is staying - I can't recall exact words).

 

Still, I do believe none of that exempts the LTR visa holder from having to do a TM-30 when re-entering Thailand.

 

 

3 minutes ago, Presnock said:

Yes I think that 99.9% of the forum users don't have a very good opinion of the TM30 reporting

 

Agreed - the requirement to submit a TM-30 is fuzzy at best - perhaps even worse than fuzzy.

 

 

3 minutes ago, Presnock said:

take care, enjoy the heat!

 

Yes - take care also.  And the heat !!  After 6 weeks in New Zealand and Australia, the humidity and heat when we arrived back in Thailand 2 weeks ago hit us like a red hot brick wall.

 

Thank God that we invested in solar panels last summer, so we can turn on our A/C a LOT more than normal, and still have a 0 THB electrical bill.

.

Posted
13 minutes ago, Presnock said:

The response was a BOI explanation of the yearly report and included in the first sentence that one was to do the TM.30 at the BOI immigration office

Amusing that one, BOI have reinvented perpetual movement. I live in Surin, and would need to spend on night in Bangkok to do my TM30, going back to Surin I would need yet another TM30, so off to Bangkok again, etc..

  • Haha 1
Posted
1 hour ago, Ben Zioner said:

Amusing that one, BOI have reinvented perpetual movement. I live in Surin, and would need to spend on night in Bangkok to do my TM30, going back to Surin I would need yet another TM30, so off to Bangkok again, etc..

Indeed.

 

I think thou most immigration offices don't require a TM30 for one's internal to Thailand travel if one always returns to one's normal Thai residence. I think it also possible (?) to postal mail a TM30 in addition to doing online.

 

I believe it's only when one returns to Thailand from being outside of the country that a few (?) more immigration offices want a TM30 filed.

 

Which brings up an interesting thought .. at present for most of the LTR visa holders, we deal with BoI and the immigration in the same building and floor in Bangkok. Does their TM30 requirements supercede any of our local immigration office requirements ( if different). I suspect this is a very mute question as this is all pretty minor.

Posted
5 hours ago, Ben Zioner said:

I attempting to be facetious with that TM30 thing..

 

In fact the on-line system works quite well, I came back from Bangkok yesterday and reported my address this morning. 

 

Also, I used my new passport number and this din't cause any problem either. 

I’m in Singapore at the moment.  I am my own “landlord” so can file my TM 30 online.  
 

1.  As an LTR Visa holder when I return to Thailand my reporting “clock” will reset to one year from now entry (similar to the 90 Day “clock” for other visas.  
 

2.  I will do my TM 30 online.  This time I will print and take a screenshot as I need that piece of paper from immigration at Chamchuri Square to renew my drivers licence.  I have heard told me though that one doesn’t need to do another TM 30 if the residence stays the same even if travel outside Thailand but better safe than sorry. 

Posted
9 minutes ago, SHA 2 BKK said:

I’m in Singapore at the moment.  I am my own “landlord” so can file my TM 30 online.  
 

1.  As an LTR Visa holder when I return to Thailand my reporting “clock” will reset to one year from now entry (similar to the 90 Day “clock” for other visas.  
 

2.  I will do my TM 30 online.  This time I will print and take a screenshot as I need that piece of paper from immigration at Chamchuri Square to renew my drivers licence.  I have heard told me though that one doesn’t need to do another TM 30 if the residence stays the same even if travel outside Thailand but better safe than sorry. 

My wife tells me that for license renewals the proof of residence isn't needed. 

Posted
On 5/3/2024 at 7:10 PM, SingAPorn said:

look above 🤞

Again nothing written about a yearly check. NADA.

 

It was pointed out several time that to maintain your 10 year visa you must satify the requirements after 5! years.  If in the meantime for whatever reason (I cannot imagine one) you get another visa your LTR visa goes up in smoke. The only thing you have to do is do a 1 year report similar to the 90 day report and this only if you have not left the country. Fairly easy I would say and very little hassle.

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Posted
3 hours ago, Ben Zioner said:

My wife tells me that for license renewals the proof of residence isn't needed. 

 

In Phuket a couple of years ago,  I needed 'proof of residence' for my Thai driver's license renewal.  However they were happy with my 'Yellow Book' (showing my condo ownership/residence) and with 'Pink-ID' (and my passport) and they did not ask for a TM-30.

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Posted
14 hours ago, oldcpu said:

 

I read that - but that was for the documents needed if one does not leave the country and has to do a 1-year report at BoI.

 

The other half of that was to do with a Thai driver's licence application (either TM-30 or legal document with regard to property where one is staying - I can't recall exact words).

 

Still, I do believe none of that exempts the LTR visa holder from having to do a TM-30 when re-entering Thailand.

 

 

 

Agreed - the requirement to submit a TM-30 is fuzzy at best - perhaps even worse than fuzzy.

 

 

 

Yes - take care also.  And the heat !!  After 6 weeks in New Zealand and Australia, the humidity and heat when we arrived back in Thailand 2 weeks ago hit us like a red hot brick wall.

 

Thank God that we invested in solar panels last summer, so we can turn on our A/C a LOT more than normal, and still have a 0 THB electrical bill.

.

You're a "Wealthy Pensioner" don't have to worry about running the AC.

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Posted
12 hours ago, Ben Zioner said:

My wife tells me that for license renewals the proof of residence isn't needed. 

Oh that would be most handy!   I have done the renewal “course” online and will go and get a Medical Certificate and see how I go without proof of residence.  I might take my Condo purchase docs just in case.   Will report back. 

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Posted
13 minutes ago, SHA 2 BKK said:

Oh that would be most handy!   I have done the renewal “course” online and will go and get a Medical Certificate and see how I go without proof of residence.  I might take my Condo purchase docs just in case.   Will report back. 

You might take note of @oldcpu's post. I checked with wifey, and at renewal she was with me, with her blue book and my yellow book. Sorry if I mislead somehow.

 

Now, some local immigration offices might just be happy to issue a certificate, for a fee. Chamchuri will never hear about it.

Posted
9 hours ago, sabaiguy said:

You're a "Wealthy Pensioner" don't have to worry about running the AC.

 

I never worried about running the A/C, even before we had solar panels ...  I am a lucky guy as my Thai wife is careful with our money - but given we are not poor, most times she is far too careful, as before we had solar panels she did not want to switch on the A/C much  (which I see as silly as we can't take our money with us, and we have no children to bequeath the money too ) ... but now have solar panels, she is now very happy to turn on the A/C a LOT more .    So yes - I am very happy now we have solar panels - given the current heat in Thailand.

 

 

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Posted
15 hours ago, SHA 2 BKK said:

I have heard told me though that one doesn’t need to do another TM 30 if the residence stays the same even if travel outside Thailand but better safe than sorry. 

 

The rule has been pretty clear for about four years now: no need to do a TM-30 when returning home after domestic travel, and no need to do one when returning from overseas if you're going back to your habitual residence and you're still on the same multiple-entry visa or reentry permit (which would be the case for any LTR holder). 

 

The problem, of course, is that individual offices (or even officers) often ignore the policies handed down by HQ, so you're forced to follow whatever nonsense they've invented.

630617_101.jpg

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Posted
15 hours ago, Ben Zioner said:

My wife tells me that for license renewals the proof of residence isn't needed. 

sounds almost too logical but as long as the address on the license is the same then that should be correct

Posted
On 5/3/2024 at 11:44 PM, SingAPorn said:

I also wonder if those comming over to Thailand under a ltr-wealthy pensionner , could suddenly get a tax claim to pay in Thailand even if they do not live in Thailand more then the critical 180 days ?

well, if under 180 days one would not be a tax resident so no tax or under the person's DTA maybe it would be exempt but I doubt they will rescend the royal decree  about foreign earned income exempt.

Posted

When you get a LTR (wealthy pensioners) visa, are all monies remitted to Thailand exempt from income taxes, such as; pensions, dividends, interest & capital gains from investments? I read somewhere that only pensions and gains from property are exempt. Thanks.

Posted
14 hours ago, khunjeff said:

The problem, of course, is that individual offices (or even officers) often ignore the policies handed down by HQ, so you're forced to follow whatever nonsense they've invented.

 

AKA: "Do You Know Who I AM?" Syndrome 🙄

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Posted
14 hours ago, oldcpu said:

 

I never worried about running the A/C, even before we had solar panels ...  I am a lucky guy as my Thai wife is careful with our money - but given we are not poor, most times she is far too careful, as before we had solar panels she did not want to switch on the A/C much  (which I see as silly as we can't take our money with us, and we have no children to bequeath the money too ) ... but now have solar panels, she is now very happy to turn on the A/C a LOT more .    So yes - I am very happy now we have solar panels - given the current heat in Thailand.

 

 

Hope you didn't take offense.  Just f*****g with you . I won't be a "Wealthy Pensioner" until next week when I have my appointment.  I have 4 AC's so understand your concerns.  In my corner of Thailand (Chiang Rai) don't see a lot of home solar panels.  A lot of mini-solar powering for outdoor lighting etc. 

Posted
7 hours ago, JohnnyBD said:

When you get a LTR (wealthy pensioners) visa, are all monies remitted to Thailand exempt from income taxes, such as; pensions, dividends, interest & capital gains from investments? I read somewhere that only pensions and gains from property are exempt. Thanks.


Royal Decree 743 says the following about remittances and their tax free status for LTR (WP). 
 

“Section 5 Income tax under Part 2 of Chapter 3 in Title 2 of the Revenue Code shall be
exempted for a foreigner categorised as Wealthy Global Citizen, Wealthy Pensioner, or Work-
from-Thailand Professional who is granted a Long-Term Resident Visa under immigration law for
assessable income under section 40 of the Revenue Code derived in the previous tax year from
an employment, or from business carried on abroad, or from a property situated abroad, and
brought into Thailand.”

 

So as long as its previous years income you are pretty much covered.

Posted
1 hour ago, Middle Aged Grouch said:

LTR is absolutely not worth applying considering all the bureaucratic hassle, all the absurd documents they ask day to day or invent and the fact that every year one has to show all the updated absurd documents for insurance etc asked and thus making this LTR definately not a hassle free for 10 years.

Does this mean we'll not enjoy your sage wisdom at our annual black tie get-togethers? Don't know whether to cry or puke....

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Posted
11 hours ago, SHA 2 BKK said:

“Section 5 Income tax under Part 2 of Chapter 3 in Title 2 of the Revenue Code shall be
exempted for a foreigner categorised as Wealthy Global Citizen, Wealthy Pensioner, or Work-
from-Thailand Professional who is granted a Long-Term Resident Visa under immigration law for
assessable income under section 40 of the Revenue Code derived in the previous tax year from
an employment, or from business carried on abroad, or from a property situated abroad, and
brought into Thailand.”

 

So as long as its previous years income you are pretty much covered.

Thanks for posting. Just to clarify, I assume "previous years income" means if I get a LTR WP in 2025, then 2024's income is exempt, and 2025, and future years too. Is that correct?  Also, I don't see anything about company pensions, stock dividends, bank interest or capital gains from abroad in the decree. Maybe it's spelled out in more detail in Sec 40 of the Revenue Code. I will try to research Sec 40. If you get time, can you please elaborate on those different income streams, whether they are exempt also. Thanks for your reply.

Posted
21 minutes ago, JohnnyBD said:

Thanks for posting. Just to clarify, I assume "previous years income" means if I get a LTR WP in 2025, then 2024's income is exempt, and 2025, and future years too. Is that correct?  Also, I don't see anything about company pensions, stock dividends, bank interest or capital gains from abroad in the decree. Maybe it's spelled out in more detail in Sec 40 of the Revenue Code. I will try to research Sec 40. If you get time, can you please elaborate on those different income streams, whether they are exempt also. Thanks for your reply.

1.  Yes it is my understanding that if you get your LTR WP in 2025 and remit 2024 income it is free of Thai Tax.  2025 income would be tax free in 2026.   But as with all tax comments here you may need to seek independent advice.  I am neither a tax planner/lawyer et al - but given the way the Decree is written and advice I (and others) have had from the BOI, if you got an LTR Visa next year, any income from this and previous years remitted to Thailand is tax free.

 

2. Following is the whole of Section 40 in from the Thai RD.  It mentions income from Pensions, Stocks, Bank Interest and Capital Gains (but those of a Juristic Person or Company - if it was an individual Capital Gain, I think you would easily argue you are a Juristic Person in the sense that that you held the Capital that received the gain).   It seems to be a pretty broad brush and thus would exempt any income that I personally would earn if I remitted in a following year.

 

Hope this helps.

 

"Section 40 Assessable income is income of the following categories including any amount of tax paid by the payer of income or by any other person on behalf of a taxpayer.

(1) Income derived from employment, whether in the form of salary, wage, per diem, bonus, bounty, gratuity, pension, house rent allowance, monetary value of rent-free residence provided by an employer, payment of debt liability of an employee made by an employer, or any money, property or benefit derived from employment.4

4R.CT.No.29/2538

(2) Income derived from a post or from performance of work, whether in the form of fee, commission, discount, subsidy, meeting allowance, gratuity, bonus, house rent allowance, monetary value of rent-free residence provided by a payer of income, payment of debt liability of a taxpayer made by a payer of income, or any money, property or benefit derived from a post or from performance of work, whether such post or performance of work is permanent or temporary.

(3) Fee of goodwill, copyright or any other rights, annuity or annual payment of income derived from a will, any other juristic act, or court decision.

(4) Income that is:

(a) Interest on a bond, deposit, debenture, bill, loan whether with or without security, the part of interest on loan after deduction of withholding tax under the law governing petroleum income tax, or the difference between the redemption value and the selling price of a bill or a debt instrument issued by a company or juristic partnership or by any other juristic person and sold for the first time at a price below its redemption value. Such income also includes income assimilated to interest, benefit or other consideration derived from the provision of a loan or from a debt-claim of every kind whether with or without security. 5

5M.R.No.126 Clause 2 (30) R.CT.No.30/2538

(b) Dividend, share of profits or any other gain derived from a company or juristic partnership, a mutual fund or a financial institution established under a specific law in Thailand for the purpose of providing a loan in order to promote agriculture, commerce or industry; the part of dividend or share of profits after deduction of withholding tax under the law governing petroleum income tax.

For the purpose of income calculation under paragraph 1, if a lawful child who is a minor derives income and the marital status of the parents exists throughout the tax year, the income of the child shall be treated as income of the father. However, if the marital status of the parents does not exist throughout tax year, the income of the child shall be treated as income of the parent who exercises parental power, or of the father if both parents jointly exercise parental power.

The provisions of paragraph 2 shall apply mutatis mutandis to an adopted child who is a minor deriving income.

(c) bonus paid to a shareholder or partner of a company or juristic partnership;

(d) a decrease of the capital holdings in a company or juristic partnership which does not exceed the total amount of profits and reserves;

(e) an increase of capital holdings in a company or juristic partnership that is determined from the total amount of profits or reserves;

(f) a benefit derived from the amalgamation, acquisition or dissolution of a company or juristic partnership and having the monetary value which exceeds the capital;

(g) gains derived from transfer of partnership holdings or shares, debentures, bonds, or bills or debt instruments issued by a company or juristic partnership or by any other juristic person.6

6M.R.No.126 Clause 2 (30)

(5) Money or any other gain derived from:

(a) rent of property,

(b) breach of a hire-purchase contract,

(c) breach of an installment sale contract, where the seller regains the property sold without paying back the money or gains already received.

In the case of (a), if an assessment official has reason to believe that the taxpayer underreports the amount of income, he shall have the power to assess the income according to the reasonable rent of property under normal circumstances, and the amount so assessed shall be deemed assessable income of the taxpayer. In such case, the taxpayer may appeal against the assessment and shall apply the provisions on appeals under Part 2, Chapter 2, Title 2 mutatis mutandis.

In the case of (b) and (c), all the money and gains received from the date of entering into contract to the date of breaching the contract shall be deemed assessable income of the year of which the contract is breached.

(6) Income from liberal professions, namely, laws, arts of healing, engineering, architecture, accounting, fine arts or other liberal professions as prescribed by a Royal Decree;

(7) Income derived from a contract of work where the contractor has to provide essential materials besides tools;

(8) Income from business, commerce, agriculture, industry, transport or any other activity not specified in (1) - (7).

The amount of tax under paragraph 1, which is paid for by the payer of income or by any other person on behalf of taxpayer on any category of income or in whichever tax year, shall be treated as income of the same category and of the same tax year as the income where payment of tax is made."

  • Like 2
Posted
39 minutes ago, SHA 2 BKK said:

1.  Yes it is my understanding that if you get your LTR WP in 2025 and remit 2024 income it is free of Thai Tax.  2025 income would be tax free in 2026. 

What if a LTR WP visa holder remitted 2025 income in 2025, would that be exempt also? Just trying to clarify the previous years income rule. I wouldn't want to make a big mistake. Thanks again for your reply.

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