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Posted (edited)
6 hours ago, stat said:

Because "those people" questioning the tax exempt staus think about getting an LTR 😉. I will only get an LTR if the tax exemption is valid and ideally confirmed by TRD (not much hope though this will happen).

The following TRD document is on the BOI website. I hope it's enough (along with the Royal Decree 743) to convince you that the tax exmption for LTR visa holders is valid. I'm convinced.

 

Notification of the Director-General of the Revenue Department

Regarding Income Tax (No. 427)

Re: Prescribing rules, procedures, and conditions on income tax reduction and exemption for long-term resident

-----

By virtue of Section 3 and Section 6 of the Royal Decree issued under the Revenue Code governing reduction of tax rates and exemption of taxes (No. 743) B.E. 2565 (2022), the Director-General of the Revenue Department prescribes rules, procedures, and conditions on income tax reduction and exemption for long-term resident as follows:

-----

Clause 2 A foreigner categorised as High-Skilled Professional, Wealthy Global Citizen, Wealthy Pensioner, or Work-from-Thailand Professional who is eligible for income tax reduction or exemption under Section 3, Section 4, or Section 5 of the Royal Decree issued under the Revenue Code governing reduction of tax rates and exemption of taxes (No. 743) B.E. 2565 (2022), as the case may be, must meet the following qualifications:

(1) Be granted a Long-Term Resident Visa under immigration law, as the case may be;

(2) Meets qualifications for and complies with rules and conditions on Long-Term Resident Visa as prescribed by the Office of the Board of Investment.

Notification of Income Tax No.427 (EN).pdf (boi.go.th)

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

Edited by JohnnyBD
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Posted (edited)
9 hours ago, JohnnyBD said:

The following TRD document is on the BOI website. I hope it's enough (along with the Royal Decree 743) to convince you that the tax exmption for LTR visa holders is valid. I'm convinced.

 

 

Thankyou for your post.

 

From the "Notification of the Director Gerneral of the Revenue Department Regarding Income Tax (No.427) it is clear that LTR visa foreigners under categories Highly Skilled Professional, Wealthy Global Citizen, Wealthy Pensioner, and Work-from-Thailand Professional (who are eligble for income tax reduction or exemption) MUST comply with rules and conditions on the LTR Visa as prescribed by the BOI.

 

Further, it notes foreigners under section-3 (LTR-Highly Skilled Professional) and section-4 which again refers to LTR-Highly Skilled Professional) as defined in the Royal decree, must file a Thai Income Tax return.

 

It does not state whether foreigners under section-5 (Wealthy Global Citzen, Wealthy Pensioner, and Work-from-Thailand Professional) need to file an income tax return. 

 

However it does clearly state (again) that all LTR visa holders MUST meet qualifications and comply with rules, procedures, and conditions as prescribed by the Director-General of the Revenue Department.  So what rule might these be?  How about the rule where if one is in Thailand >180 days one may need to file a tax return?

 

Note also the wording is clear, that the  Wealthy Global Citizen, Wealthy Pensioner, or Work-from-Thailand Professional are granted a Long-Term Resident Visa under immigration law are exempt for foreign assessable income. ... i.e. this directly refers to foreign income that IS assessable, but then it is considered exempted.  It is not made "not assessable", it is not defined as "not assesable", but rather it is made "exempt".   Does that wording matter?  I don't know.

 

So as I posted previous, for me that begs the question, is "assessable income that is exempt" from income tax clause identical to "non-assessable income" in all respects?  IMHO the question is important in regards to any need (or NO need) to file an income tax return. 

 

I prefer the explanation that 'exempt' is identical to 'not assessable' and hence  "NO NEED" to file a tax return answer - but honestly I don't know.  I prefer not to speculate based on my preference/hope.

 

Anyway - my hope is to eventually get a direct answer from the Thai revenue department on this question, rather than to try to dig up an answer from the BoI (where I suspect (but again I don't know) that any Revenue Department ruling may take precedent over any BoI statement). 

 

Which is not to preclude obtaining BoI answers - but I would also prefer if this was made crystal clear from the Thai Revenue Department.

 

I am still waiting for the Thai Revenue department to call my wife back, where we used the application of a Thai Tax-ID for me (with me being an LTR-P holder), as an approach to try to obtain the maximum amount of clarity on this question.  Perhaps I won't succeed here - but I am trying.

Edited by oldcpu
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Posted (edited)
12 minutes ago, oldcpu said:

 

Thankyou for your post.

 

From the "Notification of the Director Gerneral of the Revenue Department Regarding Income Tax (No.427) it is clear that LTR visa foreigners under categories Highly Skilled Professional, Wealthy Global Citizen, Wealthy Pensioner, and Work-from-Thailand Professional (who are eligble for income tax reduction or exemption) MUST comply with rules and conditions on the LTR Visa as prescribed by the BOI.

 

Further, it notes foreigners under section-3 (LTR-Highly Skilled Professional) and section-4 which again refers to LTR-Highly Skilled Professional) as defined in the Royal decree, must file a Thai Income Tax return.

 

It does not state whether foreigners under section-5 (Wealthy Global Citzen, Wealthy Pensioner, and Work-from-Thailand Professional) need to file an income tax return. 

 

However it does clearly state (again) that all LTR visa holders MUST meet qualifications and comply with rules, procedures, and conditions as prescribed by the Director-General of the Revenue Department.  So what rule might these be?  How about the rule where if one is in Thailand >180 days one may need to file a tax return?

 

Note also the wording is clear, that the  Wealthy Global Citizen, Wealthy Pensioner, or Work-from-Thailand Professional are granted a Long-Term Resident Visa under immigration law are exempt for foreign assessable income. ... i.e. this directly refers to foreign income that IS assessable, but then it is considered exempted.  It is not made "not assessable", it is not defined as "not assesable", but rather it is made "exempt".   Does that wording matter?  I don't know.

 

So as I posted previous, for me that begs the question, is "assessable income that is exempt" from income tax clause identical to "non-assessable income" in all respects?  IMHO the question is important in regards to any need (or NO need) to file an income tax return. 

 

I prefer the explanation that 'exempt' is identical to 'not assessable' and hence  "NO NEED" to file a tax return answer - but honestly I don't know.  I prefer not to speculate based on my preference/hope.

 

Anyway - my hope is to eventually get a direct answer from the Thai revenue department on this question, rather than to try to dig up an answer from the BoI (where I suspect (but again I don't know) that any Revenue Department ruling may take precedent over any BoI statement). 

 

Which is not to preclude obtaining BoI answers - but I would also prefer if this was made crystal clear from the Thai Revenue Department.

 

I am still waiting for the Thai Revenue department to call my wife back, where we used the application of a Thai Tax-ID for me (with me being an LTR-P holder), as an approach to try to obtain the maximum amount of clarity on this question.  Perhaps I won't succeed here - but I am trying.

You ought to wait until the 2024 IT form comes out. 

Edited by Ben Zioner
Posted (edited)
1 hour ago, Ben Zioner said:

You ought to wait until the 2024 IT form comes out. 

 

That definitely is a good approach. 

 

Another thought I had on the approach my Thai wife and I are adopting, is by 'shaking the tree' very very VERY tactfully in an indirect way now, that we may contribute to the RD thinking in terms of the 2024 IT, such that it will have the correct entries for the LTR visa  ... or result in further Revenue Department clarifications.

Edited by oldcpu
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Posted
1 hour ago, oldcpu said:

So what rule might these be?  How about the rule where if one is in Thailand >180 days one may need to file a tax return?

Honestly this is what I believe:

 

a) BOI rules we know for sure

  - 80000 USD Pension,

  - Health Insurance.

b) TRD rule(s) speculation

 - file a tax return,

 - ?

You may note that b) could fee into the enforcement of a). If not I'd suggest people keep their paperwork tidy for when they apply for the next 5 years lot. 

 

Posted (edited)
46 minutes ago, Ben Zioner said:

Honestly this is what I believe:

 

a) BOI rules we know for sure

  - 80000 USD Pension,

  - Health Insurance.

b) TRD rule(s) speculation

 - file a tax return,

 - ?

You may note that b) could fee into the enforcement of a). If not I'd suggest people keep their paperwork tidy for when they apply for the next 5 years lot. 

 

 

I agree with that - except 5 years may be too late, ... and further the only addition I might have is a caution in the Royal Decree No.743 on the LTR visa, in Section-7 that states (unofficial English translation):

 

"Section 7 - In the case that a foreigner has applied tax reduction or exemption under this Royal Decree, and does not comply with the rules prescribed in Section 3, Section 4, Section 5 and Section 6, in any tax year, benefits will be suspended in that tax year."

 

That is rather punitive.

 

Note that 'section-6' (which is referred to in section-7 above) then states (again unofficial English translation):

 

"Section 6 - A foreigner who is entitled to the 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."

 

Again, Section-3 and 4 refers to the "LTR High-Skilled Professional" and section-5 refers to "Wealthy Global Citzen, Wealthy Pensioner, and Work From Thailand Professional".

 

So very clearly Section-3 and Section-4 and Section-5  LTR-visa holders can run into problems if they do not comply with  rules, procedures, and conditions as prescribed by the Director-General of the Revenue Department.  I ask again, what are those rules, procedures, and conditions?

 

And again, Thailand Revenue Department has tuned its tax intepretation defining anyone in Thailand for 180 days and greater is considered a tax resident, which means they need to file a tax return on assesable income.  Thailand Revenue Department did NOT state LTR visa holders are exempt from following their rules.  There is nothing that states clearly that Section-5 (from Royal Decree) visa holders do not have to follow Thai Revenue Department rules, procedures nor conditions. Just the opposite is stated.

 

So if a Section-5 LTR Visa holder (ie LTR-WP, LTR-GC, or LTR-HSP) should not follow Thai Revenue Department rules, procedures nor conditions their tax benefits will be suspended in that tax year.  .... ie one could interpret that as saying they will then have to pay tax on their foreign income if they don't follow some rule (where I fear such could be something as basic as not filing an income tax return).

 

This is the thrust of my trying to figure this out and why I think it useful to try have this made very very clear. And that is why I am adopting the indirect approach I noted ...

 

Yes, I could turn a blind eye, stick my head in the sand, and indeed, it may work out fine just like I think we all hope it works out fine (as that was what we were lead to believe by BoI when we applied for the LTR Visa). ie No tax return !! No tax on foreign sourced income.  I do hope that. I want to blindly hope that.

 

But I don't like that "hope only" approach. So I am trying to very tactfully prod the Thai Revenue department, by applying for a Tax ID, and obtain something definitive from them.

 

I don't criticize those who put their faith 100% that there will be no tax return requirements for Section-5 LTR visa holders, as that is ALSO what I want.  

 

I just want to ensure we don't get impacted by Section-7's punitive clause because we had too much faith and believed in good faith we did not have to file a tax return.  

 

I will try to explore this as tactful as possible - and as noted - I may not succeed to get any clarity.

Edited by oldcpu
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Posted (edited)
14 minutes ago, White Rabbit said:

Respectfully, I think you are asking for trouble... you will not get more concise answers - the system doesn't work like that - and it wouldn't in Italy for Germany or the UK for that matter. In Thailand wordings are often opaque - not necessarily intentionally but it's in the language which is much less black and white than our Western languages are. So my advice would be to cease harassing your wife for further phone calls, and to relax and enjoy your life and the tax free status which the LTR WP visa grants you - at least for now and the foreseeable future. I'm sure your wife will thank you as well. Most Thais feel we're overthinking things anyway. By applying for the LTR visa we have all done what we could. 

(If you can't stop worrying you could always travel and make sure you'll spend less than 180 days in Phuket/Thailand.)

 

I agree with all that you state EXCEPT for the "asking for trouble" wording. 

 

I am going about this very indirectly and tactfully. Very tactfully.

 

Would you prefer to find out (say in year 2027)that you have to pay tax on year 2024 and 2025 and 2026 assessable foreign income, that you should have been tax exempt, but you now have to pay tax on it, only because you failed to file a tax return?

 

As you infer, TIT (this is Thailand).  I can't predict the future despite many years living here.  What I can predict is that somethings are not predictable.

 

As for doing nothing and having faith, ... that's your choice. I respect that.  It is thou what I call the 'head in the sand approach' and I will repeat it may very well be the best approach.  And it may not.

 

But its not my approach.

Edited by oldcpu
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Posted (edited)
19 hours ago, JimGant said:

Then, don't get one. Move on with your life, and quit whining on this thread.

 

Not exactly sure of why such a big decision -- either a LTR visa, or you move out of Thailand?  Obviously, if you plan to stay in Thailand, and you qualify for the LTR visa -- get one. The probability is huge that the LTR tax exemption will survive any scenario. But, if not -- and you had planned to live in Thailand indefinitely -- you're then just another peon, with a Non Imm O visa. Is that not survivable? Anyway, maybe you should take a course in probability analysis..

Apparently you do not care for the difference between whining and careful consideration in a huge financial decission. Also you are making lots of assumptions which are just that assumptions and wrong in my case.

 

Why would I pay taxes in TH if other countries offer me to be tax free?

 

NB: I have read my Incerto series which I am sure you have not 😉

Edited by stat
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Posted
1 hour ago, oldcpu said:

 

...

 

So very clearly Section-3 and Section-4 and Section-5  LTR-visa holders can run into problems if they do not comply with  rules, procedures, and conditions as prescribed by the Director-General of the Revenue Department.  I ask again, what are those rules, procedures, and conditions?

 

...

That defines the conundrum in a nutshell.

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Posted (edited)
37 minutes ago, JackGats said:

That defines the conundrum in a nutshell.

 

37 minutes ago, JackGats said:
  1 hour ago, oldcpu said:

So very clearly Section-3 and Section-4 and Section-5  LTR-visa holders can run into problems if they do not comply with  rules, procedures, and conditions as prescribed by the Director-General of the Revenue Department.  I ask again, what are those rules, procedures, and conditions?

These appear to be the TRD rules that apply to LTR visa tax exemption. I haven't found any other TRD documents which have additional rules on tax exemption.

 

Clause 2 A foreigner categorised as High-Skilled Professional, Wealthy Global Citizen, Wealthy Pensioner, or Work-from-Thailand Professional who is eligible for income tax reduction or exemption under Section 3, Section 4, or Section 5 of the Royal Decree issued under the Revenue Code governing reduction of tax rates and exemption of taxes (No. 743) B.E. 2565 (2022), as the case may be, must meet the following qualifications:

(1) Be granted a Long-Term Resident Visa under immigration law, as the case may be;

(2) Meets qualifications for and complies with rules and conditions on Long-Term Resident Visa as prescribed by the Office of the Board of Investment.

Edited by JohnnyBD
Posted
2 hours ago, oldcpu said:

 

I agree with all that you state EXCEPT for the "asking for trouble" wording. 

 

I am going about this very indirectly and tactfully. Very tactfully.

 

Would you prefer to find out (say in year 2027)that you have to pay tax on year 2024 and 2025 and 2026 assessable foreign income, that you should have been tax exempt, but you now have to pay tax on it, only because you failed to file a tax return?

 

As you infer, TIT (this is Thailand).  I can't predict the future despite many years living here.  What I can predict is that somethings are not predictable.

 

As for doing nothing and having faith, ... that's your choice. I respect that.  It is thou what I call the 'head in the sand approach' and I will repeat it may very well be the best approach.  And it may not.

 

But its not my approach.

Of course you are right to try if you so wish and should you get clearer answers I and others will certainly be grateful if you share those with us here.

 

I'm personally quite satisfied with the answers laid out by the BOI and communicated here. A royal decree does hold value for sure. 

 

I would not agree that mine is a 'head in the sand' approach though as I simply just doubt there will ever be a clear black and white answer. There are advantages for the authorities to not clarifying things 100% - so there's always a possibility to fault/pressurise you should you misbehave. 

In Italy for example if you build you'll always and inevitably be in the wrong as there are countless diverging and opposing laws and regulations. You'll learn to live with it as you do with all inherent risks of life... 

 

I personally think it's equally risky to pressurise local authorities in Phuket too much about something they themselves not even know how to deal with yet. I'd prefer to fly under the radar as much as possible without neglecting my research. 

 

The BOI and the PM for all his activism are no strangers to reasonable economic behaviour and are aware of the mid- and longterm consequences of heavily taxing wealthy foreigners and companies. (Of course the best solution for all would be simple flat tax (1-300k THB or so) payable by all foreign residents without having to strip naked and fill out forms.)

 

There are so many considerations that we have absolutely no control over as much as one might wish.

 

Wishing you all the best and good luck. 

 

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Posted
8 hours ago, oldcpu said:

I agree with all that you state EXCEPT for the "asking for trouble" wording. 

 

I am going about this very indirectly and tactfully. Very tactfully.

 

Would you prefer to find out (say in year 2027)that you have to pay tax on year 2024 and 2025 and 2026 assessable foreign income, that you should have been tax exempt, but you now have to pay tax on it, only because you failed to file a tax return?

 

As you infer, TIT (this is Thailand).  I can't predict the future despite many years living here.  What I can predict is that somethings are not predictable.

 

As for doing nothing and having faith, ... that's your choice. I respect that.  It is thou what I call the 'head in the sand approach' and I will repeat it may very well be the best approach.  And it may not.

 

But its not my approach.

Very grateful for your work!  🙏🙏🙏

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Posted (edited)
17 hours ago, JackGats said:

Point (1) and (2) just mean holders of an LTR visa are eligible for an LTR-based tax exemption insofar as they go on fulfilling the conditions of an LTR visa, the corollary being that they lose the exemption if they stop fulfilling said conditions. This sounds like something that was self-evident and hardly needed spelling out.

issued

The question now is: "is this all?".

Self evident maybe, but not insignificant as the document quoted by @JohnnyBD has been issued by TRD. And, if you read it carefully it seems to imply that filing a tax return is not require for LTR/WP holders. Section 5 or RD 743 isn't mentioned in Clause 3, only Sections 3 & 4 are.

Edited by Ben Zioner
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Posted

Dear members, I recently received my Qualification Endorsement (Pre-Approval) from BOI for my LTR application. However, my dependent application still showing "Consideration by Government Agencies". Should I proceed with submission of Additional Documents or wait until my dependent application to approved.

image.thumb.png.4f37e59fd1c603e089bb1c76009efab8.png

 

Another question is, if I choose "The Immigration Bureau" as visa issuance location. How long I need to wait to get the appointment for visa issuance?

 

Thanks in Advance

Posted
4 minutes ago, Danny Liu said:

Dear members, I recently received my Qualification Endorsement (Pre-Approval) from BOI for my LTR application. However, my dependent application still showing "Consideration by Government Agencies". Should I proceed with submission of Additional Documents or wait until my dependent application to approved.

image.thumb.png.4f37e59fd1c603e089bb1c76009efab8.png

 

Another question is, if I choose "The Immigration Bureau" as visa issuance location. How long I need to wait to get the appointment for visa issuance?

 

Thanks in Advance

At this point they want you to be Thailand. They are not interested in your flight, they want you first legally into Thailand. You should first travel to Thailand (on a visa waiver or on your present visa). As soon as you check into your hotel in Thailand, upload a scan of your "permitted to stay" passport stamp as "additional document" as well as your immigration card as the case may be (but I think immigration cards are no longer used). The BIO will then email you to ask in which hotel you are staying, including which room in that hotel. Make sure the hotel declares your arrival to immigration asap.

 

I was invited to pick an appointment on the very same day I sent the info about my hotel in Thailand. They don't send you the appointment, they ask you to pick one from a roster.

 

If I am forgetting something I'm sure some forum member will correct me.

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Posted

There are 1,300+ wealthy pensioners with the LTR, each having a minimum annual income of $80,000.  If each person spent only half of that annual income in Thailand each year, this would be $52,000,000.  I seriously doubt that the Thai government would risk losing this

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Posted (edited)

Need some quick guidance.  I'm hoping to schedule appt tomorrow morning but am confused by the email.  I can't find a couple of the forms and need quick photos.  Staying in Phrom Phong area so hope to get everything prepped tonight.  I'm using a laptop and not sure if these missing forms are already filled in and I just can't find them or do I need to find blank forms and fill them in.

 

Then please download, print out and bring the following documents
together with other required documents in order to present to the
immigration officer on the appointment date.
1. the Notification of qualification endorsement for Long-Term
Resident Visa - Do I print the English version/Thai version/ or both?
2. TM.94 form (double-sided) - Can't find this on my LTR page
3. STM.8 form (double-sided) - Can't find this on my LTR page
4. One passport size photo (4 cm x 6 cm) white background, dressed
in business attire (t-shirt is not allowed) without wearing glasses or
headgear, taken within 6 months (a photocopy or poor quality - Is that the right size?
photos will not be accepted) - Is there a photo center in Chamchuri Square building?
5. the appointment confirmation document / processing fee payment
form from the system.
 

Edited by Lost Nomad
Posted
1 hour ago, Incorrigible1 said:

There are 1,300+ wealthy pensioners with the LTR, each having a minimum annual income of $80,000.  If each person spent only half of that annual income in Thailand each year, this would be $52,000,000.  I seriously doubt that the Thai government would risk losing this

I tend to agree but then TiT. Maybe they decide they would get much more in taxes and only a hadfull of expats will leave. Our western logic does not really work in TH. BTW France also imposed a 75% income tax only to realise later that it was a mistake

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Posted (edited)
1 hour ago, Lost Nomad said:

Need some quick guidance.  I'm hoping to schedule appt tomorrow morning but am confused by the email.  I can't find a couple of the forms and need quick photos.  Staying in Phrom Phong area so hope to get everything prepped tonight.  I'm using a laptop and not sure if these missing forms are already filled in and I just can't find them or do I need to find blank forms and fill them in.

 

Then please download, print out and bring the following documents
together with other required documents in order to present to the
immigration officer on the appointment date.
1. the Notification of qualification endorsement for Long-Term
Resident Visa - Do I print the English version/Thai version/ or both?
2. TM.94 form (double-sided) - Can't find this on my LTR page
3. STM.8 form (double-sided) - Can't find this on my LTR page
4. One passport size photo (4 cm x 6 cm) white background, dressed
in business attire (t-shirt is not allowed) without wearing glasses or
headgear, taken within 6 months (a photocopy or poor quality - Is that the right size?
photos will not be accepted) - Is there a photo center in Chamchuri Square building?
5. the appointment confirmation document / processing fee payment
form from the system.
 

1. Notification - I printed both versions and gave them both to be safe, they were in the last section where I uploaded the docs

2. The TM.94 had a button to press to print on first screen after I scheduled appt.

3. same for STM.8, had button, also appointment confirmation had button to press to print, only after appt. was scheduled 

4. Yes 4x6cm, I brought my 5x5cm US passport photo also, and they used it instead of 4x6

There is a print & photo shop around Sukhumvit 33 close to Phrom Phong on north side of street that I used.

 

Edited by JohnnyBD
Posted

Thanks!  Once I scheduled the appointment the magical buttons appeared.  Forms are printed and I found a photo shop in the HiSo mall down the street. I'm sure I overpaid, but at least I saw the Thai Justin Beeber walking through the mall.  The girls were lined up by the hundreds all with their phones snapping photos.  I have no idea who he is, but he was somebody famous to Thai people.

Posted
6 minutes ago, Lost Nomad said:

Thanks to everyone that has helped by paving the trail and providing guidance to people following in your footsteps.  I made it to Chamchuri Square and got finished just before the lunch break yesterday.  I met another LTR WP applicant who had a harder time with the process but was also getting approved.  I asked if he frequented this forum, but he wasn't familiar with it.  Add me to the list of success stories.

Congrats, and welcome to the club.

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Posted

Does anyone have a link to the royal decree enabling the LTR visa class ?? 

I dont mean the income tax exclusions, I have them saved, I mean the LTR. 

I am sure I saw it but dont seem to have archived it in my files. 

Posted
6 minutes ago, LivinLOS said:

Does anyone have a link to the royal decree enabling the LTR visa class ?? 

I dont mean the income tax exclusions, I have them saved, I mean the LTR. 

I am sure I saw it but dont seem to have archived it in my files. 

Is this what you are looking for? The Thai version is No. 9, English version No. 10.

LTR Visa Thailand - Laws & Regulations (boi.go.th)

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

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