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


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2 minutes ago, Lorry said:

Where do you get the word "instead" from? 

I have read both versions,  "instead of 150000" and "in addition to 150000", both in reliable sources. 

I have no idea which one is true.

 

It cannot be "in addition", it's "either...or".

 

PWC:

"In order to support low income earners and the aged, the first THB 150,000 of net income is tax exempt. For a resident who is 65 years of age or older, an exemption is granted on income up to an amount not exceeding THB 190,000."

https://taxsummaries.pwc.com/thailand/individual/income-determination

 

moneymgmnt.com:

"The first 150,000 THB of your net income is not taxed (this number is increased to 190,000 THB for residents aged 65 and older)."

https://www.moneymgmnt.com/tax/personal-income-tax-rates-thailand/

 

Guide to Personal Income Tax Return 2021 (ภ.ง.ด.91) page 4:

"A taxpayer who is 65 years of age or older is entitled up to 190,000 baht of income exemption from his/her total income"

https://www.rd.go.th/fileadmin/download/english_form/030265guide91.pdf

 

https://sherrings.com/personal-tax-deductions-allowances-thailand.html

 

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19 minutes ago, Lorry said:

Isn't it amazing,  how PwC and Sherrings don't say "instead of" or "in addition to"? Only moneymgmnt gives a clear and simple answer,  unfortunately the wrong one.

 

What does the RD say?

You quote ภ.ง.ด.91 which is for taxpayers who have only income from employment (the title of the pdf says so), so it's not useful for us.

 

Go to 

https://www.rd.go.th/english/63902.html

Download:

 

No 1 - the form, also called ภ.ง.ด.90

Personal Income Tax Return for taxpayer with income not only from employment (Tax Year 2022)

 

No 2 - the guide

Guide to Personal Income Tax Return 2022 (ภ.ง.ด.90)

 

No 6 

Income Exemption Entitlement Form to be used with ภ.ง.ด.90 for the year ....

 

This is what we need. 

 

On p7 of the guide they talk about those 190000 exemption for over 65 y.o.

The 4th bullet point says:

If you are qualified for the exemption mentioned above, please fill out the “Income Exemption Entitlement Form” (i.e. No 6) and deduct an income exemption amount from income calculated in that form as your assessable income on ภ.ง.ด.90 (= the form).

 

The headline on top of this same p7 says

"Page 2-4 of ภ.ง.ด.90 (= the form) – Assessable Income"

and all the following pages of the guide, until p26, explain how to calculate the assessable income.

 

Then on p26 the guide explains

"Computation of Net-Income Tax
In computing tax liability by using the Net-Income Tax method, a taxpayer has to take into account all assessable income arising in a tax year. The next step is to deduct the deductible expenses from assessable incomes. Allowances are then to be deducted in accordance with the taxpayer’s circumstances. The last step is to subtract any qualified charitable contribution within the limit specified by law. Then, the progressive tax rates will be applied to any income left from all deductions."

(Later it explains another method,  "Computation of Gross-Income Tax" - that's for people who have so much money that they may not care about 190000. The LTR crowd, maybe.)

The "progressive tax rates" are the often-quoted table

 

3.1 Progressive Tax Rates

Personal income tax rates applicable to taxable income are as follows

Tax rates of the Personal Income Tax

 

Taxable Income
(baht)
Tax Rate
(%)
0-150,000 Exempt
more than 150,000 but less than 300,000 5
more than 300,000 but less than 500,000 10
more than 500,000 but less than 750,000 15
more than 750,000 but less than 1,000,000 20
more than 1,000,000 but less than 2,000,000 25
more than 2,000,000 but less than 4,000,000 30
Over 4,000,000 35

 

as seen at

https://www.rd.go.th/english/6045.html

 

So, after all, those 190000 exemption for taxpayers over 65 are to be deducted at the very beginning of the calculation,  when you calculate assessable income. 

Deductions and allowances are deducted later.

If the resulting net income is less than 150000, no tax is due.

 

In effect,  the 190000 are "in addition to" the 150000.

 

Thank you Lorry -- this is the best and most informative post on this whole thread. It gives the sources for the only site that matters, because it is the official site of the Revenue Department -- for people who are serious about trying to understand the correct information on how to go about filing a tax return according to the official guide. All the forms you need are there; of course this needs to be updated for 2023 by the RD.  Bravo!

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4 hours ago, Lorry said:

I think you are right,  but:

Where do you get the word "instead" from? 

I have read both versions,  "instead of 150000" and "in addition to 150000", both in reliable sources. 

I have no idea which one is true.

 

And now I'm uncertain having read posters @Yumthaipost! On balance, I don't think it's in "instead of". The first 150k is neither an exemption nor a deduction, it's a zero rated band of tax on the tax tables.

 

 

Edited by Mike Lister
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Maybe I missed it but what did they say were the new benifits and rights a farang would get for paying taxes on income not earned in Thailand?

 

Example....In America when you pay taxes you are also paying into social security that pays you money when you turn 62 years old....

 

 

Edited by redwood1
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9 minutes ago, redwood1 said:

Maybe I missed it but what did they say were the new benifits and rights a farang would get for paying taxes on income not earned in Thailand?

 

Example....In America when you pay taxes you are also paying into socal security that pays you money when you turn 62 years old....

 

 

New benefits? I wouldn't hold my breath if I were you!

 

Social Security eligibility here  requires regular separate payment into the SSc fund., it's not income tax linked.

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They're here.... I was amazed that this thread actually went as far as it has without so many trolls and rottenness, but starting to see more and more on every page. I know what I will do now, and I offer good luck to the sad, tired, and nervous keyboard warriors. Let the games officially began!

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4 hours ago, Lorry said:

Isn't it amazing,  how PwC and Sherrings don't say "instead of" or "in addition to"? Only moneymgmnt gives a clear and simple answer,  unfortunately the wrong one.

 

What does the RD say?

You quote ภ.ง.ด.91 which is for taxpayers who have only income from employment (the title of the pdf says so), so it's not useful for us.

 

Go to 

https://www.rd.go.th/english/63902.html

Download:

 

No 1 - the form, also called ภ.ง.ด.90

Personal Income Tax Return for taxpayer with income not only from employment (Tax Year 2022)

 

No 2 - the guide

Guide to Personal Income Tax Return 2022 (ภ.ง.ด.90)

 

No 6 

Income Exemption Entitlement Form to be used with ภ.ง.ด.90 for the year ....

 

This is what we need. 

 

On p7 of the guide they talk about those 190000 exemption for over 65 y.o.

The 4th bullet point says:

If you are qualified for the exemption mentioned above, please fill out the “Income Exemption Entitlement Form” (i.e. No 6) and deduct an income exemption amount from income calculated in that form as your assessable income on ภ.ง.ด.90 (= the form).

 

The headline on top of this same p7 says

"Page 2-4 of ภ.ง.ด.90 (= the form) – Assessable Income"

and all the following pages of the guide, until p26, explain how to calculate the assessable income.

 

Then on p26 the guide explains

"Computation of Net-Income Tax
In computing tax liability by using the Net-Income Tax method, a taxpayer has to take into account all assessable income arising in a tax year. The next step is to deduct the deductible expenses from assessable incomes. Allowances are then to be deducted in accordance with the taxpayer’s circumstances. The last step is to subtract any qualified charitable contribution within the limit specified by law. Then, the progressive tax rates will be applied to any income left from all deductions."

(Later it explains another method,  "Computation of Gross-Income Tax" - that's for people who have so much money that they may not care about 190000. The LTR crowd, maybe.)

The "progressive tax rates" are the often-quoted table

 

3.1 Progressive Tax Rates

Personal income tax rates applicable to taxable income are as follows

Tax rates of the Personal Income Tax

 

Taxable Income
(baht)
Tax Rate
(%)
0-150,000 Exempt
more than 150,000 but less than 300,000 5
more than 300,000 but less than 500,000 10
more than 500,000 but less than 750,000 15
more than 750,000 but less than 1,000,000 20
more than 1,000,000 but less than 2,000,000 25
more than 2,000,000 but less than 4,000,000 30
Over 4,000,000 35

 

as seen at

https://www.rd.go.th/english/6045.html

 

So, after all, those 190000 exemption for taxpayers over 65 are to be deducted at the very beginning of the calculation,  when you calculate assessable income. 

Deductions and allowances are deducted later.

If the resulting net income is less than 150000, no tax is due.

 

In effect,  the 190000 are "in addition to" the 150000.

 

Well done that man.....many thanks

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6 hours ago, redwood1 said:

Example....In America when you pay taxes you are also paying into social security that pays you money when you turn 62 years old....

This is not accurate.  The social security (SSA) withholding is from only "earned income" not from interest, capital gains, etc.  Those funds are maintained in a completely separate pool of funds, apart from general federal government revenue.  That SSA fund is then invested in a special type of US treasury bill.  The SSA benefits are then paid out of that fund, not the general federal government budget.  However, the US federal government is on the hook when that SSA fund is not sufficient to meet outgoing payments.

 

So in reality the US system is quite similar to what @Mike Lister says below.

 

6 hours ago, Mike Lister said:

Social Security eligibility here  requires regular separate payment into the SSc fund., it's not income tax linked.

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Just now, redwood1 said:

Ok fair enough

 

But a farang who has a work visa and is working in Thailand and paying taxes on his income at least has the option to pay into the Thai health and SSc fund which comes as a benifit of paying taxes on their income in Thailand..

 

 

So what benifits would a farang on a retirement visa get if he also paid taxes on his income?

It's an interesting thought that a foreign retiree, living here on say a Non Imm O extension, paying Thai tax on overseas income, is entitled to Thai benefits but I don't know what they might be. The fact the retiree hasn't made payments into the SSc fund eliminates the possibility, in my mind, that they would be eligible for any SSc benefits.  The Thai SSc system is already coming under stress and with an increasingly ageing population, the last thing the country needs is several hundred thousand expat pensioners entering the system.

 

You then have to ask whether there is any reason why the government should provide quid pro quo benefits when all it is doing is following accepted international conventions of taxing a person where they live. If you turn the question on its head, ask yourself for example, if foreign pensioners living in Thailand should be eligible to buy diesel fuel that has been subsidised by government when the (substantial)  cost of that subsidy, the Fuel Subsidy Fund, comes out of taxes. Perhaps it's things like that which are the indirect benefit......dunno.

 

 

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17 hours ago, Mike Lister said:

I've never had to hence I don't know, sorry. But I do recall seeing that money reclaimed under a DTA with Thailand is in the form of a credit rather than a repayment.

It looks like it will be very complicated to me - and probably require a lawyer/accountant.  Either way, lodging a tax return in Thailand where DTAs are involved will not be - 'done online and is easy enough to do.'  

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5 minutes ago, TroubleandGrumpy said:

It looks like it will be very complicated to me - and probably require a lawyer/accountant.  Either way, lodging a tax return in Thailand where DTAs are involved will not be - 'done online and is easy enough to do.'  

We will see how complicated it will really get. If you are right I would better engage a lawyer / accountant as well just to be sure to prevent misunderstandings with bigger impact. Actually I do not see any arise but as you know .......

 

The problem will be to find the right one. Needs to be specialized and professional, willing to confine time, speaking English very well and have lots of experience with the authorities. And this all in Chonburi. If you find one pls. drop me a PM. I will then check him out. Thanks.

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10 minutes ago, moogradod said:

We will see how complicated it will really get. If you are right I would better engage a lawyer / accountant as well just to be sure to prevent misunderstandings with bigger impact. Actually I do not see any arise but as you know .......

 

The problem will be to find the right one. Needs to be specialized and professional, willing to confine time, speaking English very well and have lots of experience with the authorities. And this all in Chonburi. If you find one pls. drop me a PM. I will then check him out. Thanks.

I agree with all that - If I do need to do a tax return in Thailand.  Plus I would look for one that knows the DTA betwen Thailand and my home country.  There are many legal/accounting firms in Thailand that have a senior person or owner, who is someone from US, UK, Aussie, etc.

 

But before getting to that point of needing a tax lawyer/accountant - there are a few issues that are still awaiting clarification from the Thai RD.

 

If I remit a large amount of money into Thailand (over the 150K tax free threshold), but none of it is income as defined in the Thai Tax Code, am I still required to lodge a tax return. 

 

Does the Thai RD view monies brought into Thailand that is a Govt Pension as taxable income. If it does view that money as taxable income, does that mean I am required to do a tax return, and apply under the DTA for exemption from taxes.

 

Does the Thai RD view monies brought into Thailand that is from a Govt controlled Retirement Fund (Superannuation in Australia), as taxable income. If it does view that money as taxable income, does that mean I am required to do a tax return, and apply under the DTA for exemption from taxes.

 

Does the Thai RD view monies brought into Thailand that is from a Savings Account, as taxable income. If it does view that money as taxable income, does that mean I am required to do a tax return, and apply under the DTA for exemption from taxes.

 

In other words, does the Thai RD view any/all remittances brought into Thailand by Expats as taxable income, and do I therefore have to lodge a tax return.

 

I am extremely unhappy about having to 'justify' bringing my money into Thailand  every year, with the potential of being 'nailed' one year - probably in that year I was silly enough to bring in 5+ million baht to buy a property in Thailand.   

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13 hours ago, Lorry said:

So, after all, those 190000 exemption for taxpayers over 65 are to be deducted at the very beginning of the calculation,  when you calculate assessable income. 

Deductions and allowances are deducted later.

If the resulting net income is less than 150000, no tax is due.

It seems you are correct, the 190K should be deducted on the assessable income in the first place.

 

I better understand now why PWC did not put up a clear explanation on this "exemption" as it's as unintelligible calculation as misleading wording.

 

I never get why bureaucrats always make (what should be) simple things complex... oh yes they need to justify their job.

 

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3 hours ago, TroubleandGrumpy said:

It looks like it will be very complicated to me - and probably require a lawyer/accountant.  Either way, lodging a tax return in Thailand where DTAs are involved will not be - 'done online and is easy enough to do.'  

Just because I don't know what the DTA reclaim process is and just because I have never needed to do it, doesn't mean that it wont be a simple process! Returns will still be done online, that is certain. Whether or not the online system will be modified to cater to the DTA process is far too early to say at this juncture. Personally, I expect the process might simply involve a declaration rather than any long detailed process where lots and lots of data is supplied to satisfy the terms of the DTA. I further expect the RD to test some of those declarations but we're now into guessing the future.

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3 hours ago, TroubleandGrumpy said:

Interesting viewpoint - some would even say it is a 'gone Thai feral' view.

Rather than throw that all back at you, which would be very easy - how about this viewpoint.

We are not Thai Residents or Citizens, we are technically long-stay Tourists. That is why we have to report every 90 days - the max period Tourist Visa is for 90 days. That is why we must request an annual extension of out 'Permission to Stay'. That is why we must apply for a certificate to leave and re-enter under that extended permission to stay.  Thailand does not have any "Migrant Visa' - they are all Technically Non-Immigrant Tourist Visas.  Therefore I am a tourist and whilst I am happy to pay VAT (and can claim it back if I want to when departing within the initial period), I am not technically liable to pay Income Tax. 

A few years ago I saw an interview with the then Boss of the Thai Elite Visa office.  In response to a technical question about what type of Visa it was, she replied it is technically a Tourist Visa - same as all the others - but with its own terms and conditions.

From someone that says it is easy to do a tax return in Thailand, and then in another post says that he has never done one, it seems very strange to me that you feel it is justified for us Expats to pay income taxes. 

Trust me on this - lodging a tax return in Thailand, where there are international remittances and a DTA involved, is not simple and not easy. I believe that lawyer who told me far more than I believe what you say about it. But to defend the lawyer - he (and all those others quoted in this issue) is obviously 'drumming up business' from Expats.

You confuse visa and tax residency. Anyone who remains in almost any country for more than 180 days, is tax resident. Visa's are a totally separate issue. But I do agree we are not Residents, we are resident perhaps but because of the long stay visa issue, we are not Residents, not that that changes the tax position..

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26 minutes ago, Mike Lister said:

You confuse visa and tax residency. Anyone who remains in almost any country for more than 180 days, is tax resident. Visa's are a totally separate issue. But I do agree we are not Residents, we are resident perhaps but because of the long stay visa issue, we are not Residents, not that that changes the tax position..

To say some one only qualifies as a resident to pay a tax.... And to say they dont qualify for any other rights or benefits of being a resident or any of the benefits of paying income tax (like the option buy into Thai health care) is a Joke.....A very bad Joke....

 

No one can deny this......

Edited by redwood1
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On 10/10/2023 at 5:42 PM, KannikaP said:

Sorry, but let me get it right. Everybody! gets a 60k Personal Care Allowance? Even if they are not caring or being cared for. That is TAXFREE. And then the 0%, 5%,!0% etc bands come into play. Yeh?

It is not a personal care allowance. It is a basic deduction. Over 65s get another 190,000 deduction. There are other deductions for elderly parents, kids, life and health insurance RMR and SSF funds etc but hose are the basic deductions that everyone gets.

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6 minutes ago, Dogmatix said:

It is not a personal care allowance. It is a basic deduction. Over 65s get another 190,000 deduction. There are other deductions for elderly parents, kids, life and health insurance RMR and SSF funds etc but hose are the basic deductions that everyone gets.

Do you mean 190k in addition to the 150 at 0%?   

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34 minutes ago, Yumthai said:

It's more complicated than that.

Refer to the comprehensive @Lorry post below for more detailed information:

 

I did and that was the conclusion I came to. Am I right or wrong that the 190 is on top of the 150? @Dogmatix seems to agree with me.

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20 minutes ago, KannikaP said:

I did and that was the conclusion I came to. Am I right or wrong that the 190 is on top of the 150? @Dogmatix seems to agree with me.

You are correct.

 

Deduct 190k from total income, then deduct 60K personal care allowance, along with any other deductions you have.

 

Then, apply that amount against the tax tables, of which the first 150K is zero rated so tax free. Tax the remainder according to the bands, the next 150,001 to 300,000 at 5%, and so on up the scale.

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Just now, Mike Lister said:

You are correct.

 

Deduct 190k from total income, then deduct 60K personal care allowance, along with any other deductions you have.

 

Then, apply that amount against the tax tables, of which the first 150K is zero rated so tax free. Tax the remainder according to the bands, the next 150,001 to 300,000 at 5%, and so on up the scale.

So for me it will be 60 + 190 +150 = 400k before any tax is due?

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