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Thai gov. to tax (remitted) income from abroad for tax residents starting 2024 - Part I


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14 minutes ago, Hiane said:

Maybe I wasn't specific enough, I'm talking about offshore money that hasn't been taxed. As I understand, until the end of this year I can remit it into Thailand tax-free, and starting January 1st 2024 this won't be the case anymore ?

Only if (1) either you are not a Thai tax resident or (2) if the remittance does not contain any income from the current year.  Otherwise you will also have to pay taxes on remittances in 2023

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1 hour ago, stat said:

Ahem there are some expats I know making high 6 digits USD every year with investing, so those are the people that will leave after 6 months.

These people, if they wish so and because they can afford, can simply apply for a LTR visa and be tax exempted on their foreign money remittance.

 

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1 minute ago, MartinBangkok said:

"This is to address international tax avoidance risks relating to non-taxation of disposal gains in the absence of real economic activities,” 

 

Same thing. The are just cracking down on general tax evasion which is what we're seeing here. To be honest it's completely reasonable.

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12 minutes ago, K2938 said:

Not true according to the extremely narrow interpretation of the law put forward by the BOI  themselves which you can read about higher up either in this thread or the LTR thread

Well, the answer @SHA 2 BKK received from BOI is rather clear:

 

"We would like to address that for the LTR tax benefits: the revenue department has already announced a royal decree to exempt the LTR- Wealthy Global/ Wealthy Pension/ Work from Thailand from paying the income tax derived from oversea business/ work and assets. Therefore the change in conditions will not effect the exemption of the LTR mentioned group. 

 

Therefore, we can assure you that the incentive of the LTR visa is still the same. We also believe the revenue department will shortly give an official clarification also as it is their main responsibility and we will work with them to get the procedure for future assistance i.e. to address when you wire in the money that it is from the work remotely (same as in LTR application)- the revenue can cross check with us if they want, don't worry."

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2 hours ago, stat said:

Ahem there are some expats I know making high 6 digits USD every year with investing, so those are the people that will leave after 6 months.

Do they bring 6 digit USD amounts into thailand ?  Tax is only on thailand remittance still.  Not world-wide income.

 

Hard to spend 500,000 USD in thailand !

 

But maybe you mean bring in 100,000 USD, barely 6 digit.  If they've paid tax on it already, no big problem.  If they haven't, maybe they should.  And reflect, be thankful, how lucky they were in previous years to have a tax loophole/rule.

 

 

Edited by deejai33
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3 hours ago, Hiane said:

Long story short : if I plan to stay in Thailand indefinitely, any money I earned in 2022 or before, I should bring it into Thailand before the end of the year.

Correct ?

Did you live 180 days+ in 2022

Will you live 180 days+ in 2023, 2024 etc

 

Decide which years you could be taxed by thailand.

 

For 2023 return you can avoid tax on 2022 income.  So I'd say , yes bring it in tax free before 31st dec 2023.

 

Jan 1st 2024, loophole goes away.

 

But if they delay the change, 2023 income could be exempt, can bring it in 2024 !

 

 

Complicated !

 

 

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On 10/2/2023 at 10:41 PM, Guavaman said:

Immigration Officer: "You farang -- you have retirement income of 65k per month. Show me your Thai tax return for your visa extension of stay showing that you paid tax on income of 65k monthly. 

When I read this as regards US-Thailand DTA  I thought of the dialog from Bridge Over The River Kwai:

 

Nicholson (Sir Alec Guinness) Now sir, you may have overlooked the fact that the use of officers for manual labor is expressly forbidden by the Geneva Convention.
Saito: Is that so?
Nicholson: I happen to have a copy of the Convention with me and would be glad to let you glance through it if you wish.
Saito: That will not be necessary.
 

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6 hours ago, Guavaman said:

I would suggest that you first focus upon avoiding the need to file a tax return on funds remitted into Thailand. Stealth is the best strategy to fly under the radar and avoid filing a tax return.

 

Weird, wouldn't filling no tax return be more suspicious ? (assuming you have a TIN already)

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6 hours ago, Guavaman said:

Fellow aliens subject to the income tax system in the Land of Smiles:

 

It is highly unfortunate for all AN members that the OP “More details on Thai taxation of overseas income” referred to misinformation published by ScanAsia as “More details on Thai taxation of overseas income October 3, 2023 - by Gregers Møller.

 

I suggest that AN readers completely delete the content of these postings from their memories, and immediately cease referring to them in posts and comments on AN to reduce the confusion created due to these posts.

 

What these “journalists” may have been referring to is the recent online publishing by the Legal Division of the Revenue Department Public Relations News on 2 Oct 2023 of “Q&A (in Thai) on this Revenue Department webpage:  Q&A คำสั่งกรมสรรพากร ที่ ป.161/2566 ลงวันที่ 15 กันยายน พ.ศ.2566

 

This webpage presents an informative clarification in a well-formatted set of 11 questions, answers, and examples (in Thai) regarding the recent Order by the Director General of the Revenue Department for use by RD officials in implementing the new Order.

https://www.rd.go.th/fileadmin/centralize/news_law_update/2566/QnA41_2.pdf

Thank you for posting this.   This appears to be potentially very useful.  Thank you for drawing everybody's attention to this. 

Unfortunately, Google Translate seems to have a big problem in translating many parts of this document intelligibly, but hopefully somebody who speaks Thai well on this forum can look at the document and translate.

Edited by K2938
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3 hours ago, K2938 said:

Thank you for posting this.   This appears to be potentially very useful.  Thank you for drawing everybody's attention to this. 

Unfortunately, Google Translate seems to have a big problem in translating many parts of this document intelligibly, but hopefully somebody who speaks Thai well on this forum can look at the document and translate.

Yes, nice to see some extra info from RD.  Q+A format with examples.

 

But as you say, google translate fails almost completly with the translating to english.

 

1st question:

 

Question: Order of the Revenue Department No. P. 161/2023 dated September 15, 2023.
 How do you steal a bear?

 

2nd question

 

Question: Order of the Revenue Department No. P. 161/2023 dated September 15, 2023.
 Is there any law governing the use of the amulet?

 

555.  Later talks of tax victims and buddist gods.

 

Edited by deejai33
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