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LTR Visa is Now available for Long Term Residency


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Posted (edited)
1 hour ago, JohnnyBD said:

The 4 docs downloaded from BOI account (2 of them 2-sided). My passport, copy of passport bio page, visa stamp pages, last entry stamp page (all signed) my original TM47 90-day report, copy of marriage Kor3 certificate (2-sided), copy of updated marriage registration Kor2 (2-sided), I made color copies, but they didn't ask me to sign them. Copy of Wife's ID card signed by her. That's it. Thanks

Just to add, I brought the original marriage certificate & registration, the insurance certificate & policy, and the wife's house book, but they didn't ask to see any of those. The updated Kor2 only cost 10B at the Amphur. The BOI rep told me that for the 1-year reporting, if I leave the country the 1-year clock will start over upon my return, so for me I will probably never need to do a 1-year report. I'm happy...

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On 7/1/2024 at 3:15 PM, K2938 said:

Nomad lifestyle will not work as any Western bank will most likely shut down your account if you are not providing them with an address and tax number

What prevents you getting a Thai TIN and having some sort of address in Thailand, even if you don't stay here 180 days?

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Posted (edited)

Answer on Facebook from BOI to a question (not mine)

 

"LTR Long-term Resident Visa

Dave Goodman If you stay in Thailand for 180 days or more in tax year and bring income into the country, you are considered a tax resident and are required to file an individual income tax return. Additionally, if you generate income in Thailand, regardless of your residency status, you are also required to file an individual income tax return.
For foreign-sourced income, there may be tax exemptions available under LTR visa benefits. While LTR visa already provides this exemption, we recommend confirming your eligibility with the Revenue Department. Please contact them directly for detailed information and verification, as they have the final authority to grant these exemptions."
under comments
 
So basically BOI is saying they do not have any (final) authority regarding tax exemption that is the way I read it. I am really suprised as I thought at least the 2024 foreign income should be safe under any circumstances via the royal degree. According to the BOI you are required to file a tax return if you transfer monies to TH while being a tax resident even if you have an LTR!
 
Don't shoot the messenger🫣
Edited by stat
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Posted (edited)
4 minutes ago, stat said:

Pls mind your words. I have posted the answer from BOI! I do not know Dave Goodman. For your convenience I posted the link to the FB discussion as well, so you can check for yourself.

 

Again do not shoot the messanger, thx

You are wrong. Please quit posting false information. You injected your own opinion that basically that LTR-WP visa holders have to file a tax return and that is absolutely false.

Edited by JohnnyBD
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Posted (edited)
2 minutes ago, JohnnyBD said:

You are wrong. Please quit posting false information.

Did you bother to follow the link and read for yourself? How can I be wrong if I am relaying information provided by BOI via FB?

Edited by stat
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1 minute ago, stat said:

Did you bother to follow the link and read for yourself?

I don't need to read it. You are wrong. Read my previous post. End of conversation with you 

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4 minutes ago, JohnnyBD said:

You are wrong. Please quit posting false information. You injected your own opinion that basically that LTR-WP visa holders have to file a tax return and that is absolutely false.

I could not believe it myself that is what BOI is posting I copy and pasted it.

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3 hours ago, stat said:

"LTR Long-term Resident Visa

[...] If you stay in Thailand for 180 days or more in tax year and bring income into the country, you are considered a tax resident [...]

You're a tax resident already when "residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year". Whether you remit money or not doesn't matter. So the BOI statement is incorrect to begin with. Of course Revenue Department will have the final word, that's their job. Wouldn't expect a different statement by BOI on a public social media website.

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Royal Decree Issued under the Revenue Code Governing Reduction of Tax Rates and Exemption of Taxes (No. 743)

 

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.

Royal Decree issued under the Revenue Code No.743 (EN).pdf (boi.go.th)

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Posted (edited)
49 minutes ago, aublumberg said:

You're a tax resident already when "residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year". Whether you remit money or not doesn't matter. So the BOI statement is incorrect to begin with. Of course Revenue Department will have the final word, that's their job. Wouldn't expect a different statement by BOI on a public social media website.

You are correct the BOI statement has at least the one error in it that you pointed out! I agree that TRD has the final word on this but I was highly criticized for mentioning this some days ago and was pointed to the (possible) tax exemption  by the royal degree (again today).


Apparently the tax exemption could be only wishful thinking by all of us, me included.

Anyway I would hope that when a tax exemption is proclaimed on an official governement website for the LTR Visa, all relevant departments including the TRD have been involved and agreed beforehand. Maybe they have been and now things have changed. I strongly believe that the tax exemption should be valid for the complete duration of the visa i.e. 10 years as promised.

 

I sincerly hope that more people inquire BOI and TRD about the tax exemption status, so that we get an answer, even if the answer is BOI does not know if and which monies will be taxed.

 

This would help the LTR holders to decide if they want to stay 180 days plus in Thailand, how to structure their remittances and also help the potential applicants to decide if they want to apply for the LTR visa.

 

Guys I am hoping for all of us that I am wrong and that it was just one person with BOI who missunderstood the royal degree .

 

 

Edited by stat
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Posted (edited)
5 minutes ago, JohnnyBD said:

Royal Decree Issued under the Revenue Code Governing Reduction of Tax Rates and Exemption of Taxes (No. 743)

 

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.

Royal Decree issued under the Revenue Code No.743 (EN).pdf (boi.go.th)

Please ask BOI and or TRD about this. I highly doubt you will get an answer but then you know that there is no real gurantee.

 

I agree the royal decree (seems to) exempt remitted income, but what about non remitted income?

 

The final arbiter is TRD, even according to BOI.

 

 

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The BOI is continuing its cryptic stance on tax exemption.  That is what they just posted in response to questions on the facebook page mentioned by @statabove:

"LTR Long-term Resident Visa

Apologized for poor wording regard LTR visa tax exemption benefit which was in our answer earlier that may raise concern to you in this matter. According to Royal Decree issued under the Revenue Code No.743, THERE IS tax exemption for foreign income which was state in SECTION 5 but in order to use it which it state in SECTION 6 you must meet qualification and comply with rules, procedures, and condition as prescribed by the Director-General of the Revenue Department which is why we recommend you to check for detail and confirm your eligibility with the Revenue Department directly otherwise it'll come to SECTION 7 that you benefit will be suspended in that tax year.

 

And since they now refer to Section 6 of the Royal Decree where it states:

"Section 6 A foreigner who is entitled to benefits under Section 3, Section 4, and Section 5 must meet qualifications and comply with rules, procedures, and conditions as prescribed by
the Director-General of the Revenue Department."

 

this means that to change whatever tax benefits there are, the Royal Decree does not even need to be amended/revoked, but the Revenue Department can just change the qualifications and rules in whatever way it desires.

 

 

taxxxxx.jpg

Edited by K2938
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Like many others with the LTR visa (in my case an LTR-WP), who stay in Thailand more than 180 days, I do not know if a tax return will be required, even if one's income in Thailand is 0 baht (but one's income comes only from outside of Thailand).  What, shall I say 'concerns' me, is the statement that "otherwise it'll come to SECTION 7 that you benefit will be suspended in that tax year".

 

I think we all hope a tax return is not required but a more definitive (YES tax return is needed, or NO tax return is not needed) answer for "ALL" LTR-visa holders in Thailand > 180 days, with no Thai sourced income, would be helpful.

 

I am starting to look at the Thai Tax return form, which I have never looked at before and its not (yet) clear to me how to fill in LTR visa relevant information - even if such a return was required. 

 

In case any are curious, here is a link where one can obtain the Thai tax forms:


https://www.rd.go.th/english/29040.html

 

I think the "e-Form (Fillable Tax return)" > "Personal Income Tax" link is the one to select.  The 'for translation purpose only' link did not work for me.  After clicking on "Personal Income tax" note the "Please Select Year" where I believe for last year one should select "2023".  That then brings one to a page where one can select the 'personal income tax return' forms ... and I am currently trying to sort which forms are the best form(s) (possibly more than one) to download as an LTR-WP visa holder.

 

And as noted, this may not even be required.  (I hope it is not required)

 

If I do submit a Thai tax form (using my 'pink-ID as my TIN') it won't be the 1st time in my life I filed a tax return that was likely not needed.  I recall the German government sending me a letter asking me to stop filing a German tax return (unless my tax situation relative to Germany, should change).  

 

I am not even certain my 'pink-ID' is appropriate as my 'TIN' despite a quarterly letter on my Thai bonds having my pink-ID # in the tax-ID # ( ... where  I note that I have never applied for a TIN and I do not know if this is an automatic assignment of TIN as pink-ID # ) , ... I note that I gave the bank my pink-ID # when I applied to obtain a Thai savings bond for the LTR Visa,  and perhaps that is how this is appearing in the quarterly bond statement as my TIN).

 

But each to their own here as what they will do.  As for myself, I am undecided as to whether I need to submit a tax form to Thailand due to my having minimal Thai sourced income on an LTR-WP.

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12 minutes ago, oldcpu said:

...

 

I think we all hope a tax return is not required but a more definitive (YES tax return is needed, or NO tax return is not needed) answer for "ALL" LTR-visa holders in Thailand > 180 days, with no Thai sourced income, would be helpful.

 

...

 

 

But each to their own here as what they will do.  As for myself, I am undecided as to whether I need to submit a tax form to Thailand due to my having minimal Thai sourced income on an LTR-WP.

My Thai sourced income (dividend on Thai stocks) rather complicates the issue as well. I think there's a very low threshold above which we were always expected to file a tax return for Thai sourced income. Since the dividends get taxed at source (withholding tax), most us in the same situation never bothered to file although we were supposed to from the beginning. 

 

The fact that some of us receive such Thai sourced income may be the reason the BOI is non committal. The BOI cannot know what Thai sourced income we have. Hence the BOI cannot issue a blanket "no need to file" statement.

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29 minutes ago, oldcpu said:

Like many others with the LTR visa (in my case an LTR-WP), who stay in Thailand more than 180 days, I do not know if a tax return will be required, even if one's income in Thailand is 0 baht (but one's income comes only from outside of Thailand).  What, shall I say 'concerns' me, is the statement that "otherwise it'll come to SECTION 7 that you benefit will be suspended in that tax year".

 

I think we all hope a tax return is not required but a more definitive (YES tax return is needed, or NO tax return is not needed) answer for "ALL" LTR-visa holders in Thailand > 180 days, with no Thai sourced income, would be helpful.

 

I am starting to look at the Thai Tax return form, which I have never looked at before and its not (yet) clear to me how to fill in LTR visa relevant information - even if such a return was required. 

 

In case any are curious, here is a link where one can obtain the Thai tax forms:


https://www.rd.go.th/english/29040.html

 

I think the "e-Form (Fillable Tax return)" > "Personal Income Tax" link is the one to select.  The 'for translation purpose only' link did not work for me.  After clicking on "Personal Income tax" note the "Please Select Year" where I believe for last year one should select "2023".  That then brings one to a page where one can select the 'personal income tax return' forms ... and I am currently trying to sort which forms are the best form(s) (possibly more than one) to download as an LTR-WP visa holder.

 

And as noted, this may not even be required.  (I hope it is not required)

 

If I do submit a Thai tax form (using my 'pink-ID as my TIN') it won't be the 1st time in my life I filed a tax return that was likely not needed.  I recall the German government sending me a letter asking me to stop filing a German tax return (unless my tax situation relative to Germany, should change).  

 

I am not even certain my 'pink-ID' is appropriate as my 'TIN' despite a quarterly letter on my Thai bonds having my pink-ID # in the tax-ID # ( ... where  I note that I have never applied for a TIN and I do not know if this is an automatic assignment of TIN as pink-ID # ) , ... I note that I gave the bank my pink-ID # when I applied to obtain a Thai savings bond for the LTR Visa,  and perhaps that is how this is appearing in the quarterly bond statement as my TIN).

 

But each to their own here as what they will do.  As for myself, I am undecided as to whether I need to submit a tax form to Thailand due to my having minimal Thai sourced income on an LTR-WP.

 

Thanks for providing the link above.  When click on that link and then click through to tax forms you get to this page: https://www.rd.go.th/english/65308.html  (screenshot below)

 

I've been submitting Thai tax returns for decades, and until this year (2024) it's always been either the first or the third form in that list (PND 90 or PND 91).  I filed that type of form for tax year 2023.  PND 90 / 91 should still be useable for 2023.  However, with all the changes coming I wouldn't be surprised if going forward PND 90/91 need to be updated.

 

 

image.png.9a39be3a5fbac68d7f84d5fe851d64c7.png

 

 

 

 

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Looking at the tax form, the only fields for filling in an income, are "assessable income under section 40" of the income tax act ... with different areas for different subsections.  

 

But in the case of an LTR-WP Royal decree No.743, it states  (translation)  "Section 5 Income tax under Part 2 of Chapter 3 in Title 2 of the Revenue Code shall be exempted for a foreigner categorized 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 the Revenue code derived in previous tax year from an employment, or from a business carried on abroad, or from a property situated abroad, and brought into Thailand".

 

So the tax is exempted by Royal Decree.  Given the tax is exempted, does that mean it is not assessable income?

 

I note there is also an "Income Exemption Entitlement Form".  The first two entries in that 'Exemption form' are #1 - salary, wage, pension, and field " #2 -Less exempted income ".  I assume one puts one's pension in field #1, and  in field #2 one's pension again (as it is exempt under Royal decree No.743). Resulting in 'zero' "Balance (1 minus 2)" in the exemption form, where the 'zero' income is then copied to the "90" main tax form for income in entry #1.  I am guessing here.

 

I assume then one has to also enter their (almost trivial) amount of interest from Thai banks/bonds in other aspects of the #90 form, and also record elsewhere the amount of withholding tax deducted.

 

It reads like a lot of effort to fill in a form for no tax due ?? But maybe I am missing something??

 

If someone on an LTR-WP visa has submitted a tax return (whose income is pension income) I would be most curious as to what fields one filled in one's data in regards to the LTR visa exemption.  

 

As it stands now, I think the return would basically only show one's trivial (already taxed) bank interest income on the Main (#90) Personal Income Tax Return form, and show one's LTR-WP visa exempt income on the 'Exemption' form.

 

But that is my speculation at this stage.

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49 minutes ago, oldcpu said:

I am not even certain my 'pink-ID' is appropriate as my 'TIN' despite a quarterly letter on my Thai bonds having my pink-ID # in the tax-ID # ( ... where  I note that I have never applied for a TIN and I do not know if this is an automatic assignment of TIN as pink-ID # ) , ... I note that I gave the bank my pink-ID # when I applied to obtain a Thai savings bond for the LTR Visa,  and perhaps that is how this is appearing in the quarterly bond statement as my TIN).

 

I think I confirmed my pink-ID can not be used as a tax-ID until further registration is done.  

 

My Thai wife went to the internet location where one can submit an online tax ID. She entered my pink-ID # and immediately obtained an error that it was not recognized as a tax-ID.

 

So - without further application - it appears pink-ID # not accepted as a tax ID.

 

My wife then noted one can apply for a tax-ID online, and we are now investigating that.

 

I still do NOT know if this is necessary for an LTR-WP visa holder.

Edited by oldcpu
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14 minutes ago, oldcpu said:

It reads like a lot of effort to fill in a form for no tax due ?? But maybe I am missing something??

No, you've just been brainwashed by reading too much on this forum, about having to file a tax return, because your assessable income is 60000 baht (about one/third of what my gardener is paid -- and who, of course, files no income tax form). Ludicrous. Worse that can happen is a 2000 baht fine - and the chance of that happening is zilch.

 

Time to grow a set -- and read the royal decree literally -- your foreign source income is NOT assessable. Yes, this was written when remitted income was the flavor of the day. But, I would bet a bundle that this will extend to worldwide income, should that come about.

 

Frustrating that BoI won't say: I don't know. But, have you ever gotten such an answer from a Thai? Nope. They're maddeningly adept at not losing face, by admitting they don't know. Department store clerks are the worst. But, that's part of the price we pay for living here -- and it pales in comparison to the good aspects.

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23 minutes ago, oldcpu said:

My wife then noted one can apply for a tax-ID online, and we are now investigating that.

Please report "no." I've got print outs from this forum, from two different sources, who reported they were denied a TIN, because they didn't have work permits. Those are in my file, should I ever be audited about taking a tax credit against my US taxes, for the piddly amount I pay in taxes against my Bangkok Bank savings account interest.

 

Why? Because I'm supposedly not allowed a credit -- if I'm able to have the Thai taxes refunded. But, of course, for that refund -- I need a TIN. And, since I got advice on an upscale forum, like Asean Now -- that I can't get a TIN -- and thus can't get a refund -- well, hey Uncle Sam, there you have it.

 

Anyway, nitnoy credit. But minimum effort, as only an entry of the credit on one line of my US tax return (the more involved Form 1116 is only required for tax credit amounts exceeding $600 -- married, filing jointly).

 

So, happy not to have a TIN, nor, apparently, required to have one.

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41 minutes ago, oldcpu said:

 

I think I confirmed my pink-ID can not be used as a tax-ID until further registration is done.  

 

My Thai wife went to the internet location where one can submit an online tax ID. She entered my pink-ID # and immediately obtained an error that it was not recognized as a tax-ID.

 

So - without further application - it appears pink-ID # not accepted as a tax ID.

 

My wife then noted one can apply for a tax-ID online, and we are now investigating that.

 

I still do NOT know if this is necessary for an LTR-WP visa holder.

If you suceed in obtaining a tax ID online pls let us know if it is possible, much obliged!

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3 hours ago, K2938 said:

The BOI is continuing its cryptic stance on tax exemption.  That is what they just posted in response to questions on the facebook page mentioned by @statabove:

"LTR Long-term Resident Visa

Apologized for poor wording regard LTR visa tax exemption benefit which was in our answer earlier that may raise concern to you in this matter. According to Royal Decree issued under the Revenue Code No.743, THERE IS tax exemption for foreign income which was state in SECTION 5 but in order to use it which it state in SECTION 6 you must meet qualification and comply with rules, procedures, and condition as prescribed by the Director-General of the Revenue Department which is why we recommend you to check for detail and confirm your eligibility with the Revenue Department directly otherwise it'll come to SECTION 7 that you benefit will be suspended in that tax year.

 

And since they now refer to Section 6 of the Royal Decree where it states:

"Section 6 A foreigner who is entitled to benefits under Section 3, Section 4, and Section 5 must meet qualifications and comply with rules, procedures, and conditions as prescribed by
the Director-General of the Revenue Department."

 

this means that to change whatever tax benefits there are, the Royal Decree does not even need to be amended/revoked, but the Revenue Department can just change the qualifications and rules in whatever way it desires.

 

 

taxxxxx.jpg

Thanks for your post! Can anyone clarify in simple words what rules, procedures and conditions need to be met in order to have foreign investment income be tax exempted as an LTR visa holder?

 

I fear you are in the right and TRD can change the tax exemption of the LTR if they want to without canceling the Royal Degree. I have absolutely no idea if they want to.

 

 

 

 

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3 hours ago, oldcpu said:

With respect, the Royal Decree does not state the foreign source income is not assessable.  Instead, it states it is exempt.  Is 'exempt' and 'not assessable' the same?

 

If it was the same, why does Thailand have a form specifically where one must list their 'tax exemptions'  as part of a tax return?

I believe the exemption lines on the tax return are for items -- like per diem -- to net out gross domestic income. Foreign source income is, of practicality, treated as already netted-out income. But, yeah, you could report foreign source income gross, then line item out exempt expenses. But why? The whole game is to not even report any foreign source income on the tax return -- it is -- by Royal Decree an "exempt", ergo, "not assessable" amount of income.

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7 minutes ago, JimGant said:

I believe the exemption lines on the tax return are for items -- like per diem -- to net out gross domestic income. Foreign source income is, of practicality, treated as already netted-out income. But, yeah, you could report foreign source income gross, then line item out exempt expenses. But why? The whole game is to not even report any foreign source income on the tax return -- it is -- by Royal Decree an "exempt", ergo, "not assessable" amount of income.

The "why" is a good question.

 

I note Canada has required a tax return from me for decades, even thou I am a non resident to Canada, and the withholding tax I pay for years on minimal ban interest exceeded the tax owed in a tax return. Canada didn't care. They wanted the tax return. If I didn't submit they would fine me. ... So IMHO it wouldn't surprise me for a second if counties such as Thailand adopt a similar approach. ... Now I hope the LTR visa holders who have next to zero Thai income won't have to file a Thai tax return,  .. but I won't let my "hope" inappropriately drive my assessment as to what may be needed.

Edited by oldcpu
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On 7/9/2024 at 9:20 PM, stat said:

Apparently the tax exemption could be only wishful thinking by all of us, me included.

Anyway I would hope that when a tax exemption is proclaimed on an official governement website for the LTR Visa, all relevant departments including the TRD have been involved and agreed beforehand. Maybe they have been and now things have changed. I strongly believe that the tax exemption should be valid for the complete duration of the visa i.e. 10 years as promised.

 

I sincerly hope that more people inquire BOI and TRD about the tax exemption status, so that we get an answer, even if the answer is BOI does not know if and which monies will be taxed.

I have read the BOI answer on their Q&A on Facebook. What they say is that while the Tax exemption is applicable one has to contact RD to ascertain one's exact situation. Or in other words, they confirm exemption they won't can't rule on individual cases. Which I understand as there may be all sorts on income mixes: local/overseas, pension/non pension, interest/capital gains etc.. For those converting from another visa the first year in TDR may also be interesting x months taxable/ y months non taxable.

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On 7/9/2024 at 9:20 AM, stat said:

Apparently the tax exemption could be only wishful thinking by all of us, me included.

Mr. Stat,

I want to apologize to you and everyone else for the way I responded to one of your posts on Tuesday. I know it's no excuse, but I was at a Thai house party with lots of people drinking, including myself, and I was wrong to respond the way I did. I know everyone is trying to interpret the rules and figure out how it affects their situation. I am fortunate in that I have pre-2024 monies I can remit for several years until things become clearer. Best of luck with your situation.

Edited by JohnnyBD
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19 hours ago, stat said:

If you suceed in obtaining a tax ID online pls let us know if it is possible, much obliged!

 

Online application for a Thai Tax Number submitted.  It was all in Thai language, so my wife had to do most of the work filling in the on-line form, translating for me when I asked.   She entered both my ID # (from my Pink-ID) and also a house number (from my Yellow Book).  The form also asked for my spouse's name.

 

As part of the application (since online webpage could not handle such) she needed to email to the Revenue Department a copy of my pink-ID, a copy of the Yellow Book pages, and also a signed form (which we scanned into a PDF for uploading). She was provided the Revenue Department exact email address as part of filling in the on-line paperwork.

 

If this application is rejected - I won't mind at all. I might even say I would be happy.  I can say I tried.

 

I suspect it could be some weeks before I find out if such was successful.

 

And again - my hope is that this is totally unnecessary for those on a LTR-Wealthy Pensioner visa. 

.

Edited by oldcpu
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On 7/10/2024 at 3:25 PM, stat said:

Thanks for your post! Can anyone clarify in simple words what rules, procedures and conditions need to be met in order to have foreign investment income be tax exempted as an LTR visa holder?

 

I fear you are in the right and TRD can change the tax exemption of the LTR if they want to without canceling the Royal Degree. I have absolutely no idea if they want to.

Maybe this document could shed a bit of light. 

 

Thai version

 

Could anyone confirm wether it was issued by RD?

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