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Thailand to tax residents’ foreign income irrespective of remittance


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12 minutes ago, gamb00ler said:

Yes... that's how the self reporting method works.  If you like to gamble for big stakes go for it.  The resulting variance (AKA luck) would look something like:

small win

small win

small win

small win

HUGE LOSS

 

Gambling is illegal in Thailand.....

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Posted (edited)
1 hour ago, Dogmatix said:

 

In this example you discuss your Us government pension which is clearly taxable only in the US and your IRA which, according to your post has no tax deducted at source and the US is not claiming a right to tax it.  So lucky Thailand can tax it all and no US tax to claim a tax credit for.  

 

Most Europeans will have tax deducted at source and will need to claim a tax credit but, in many cases, won't have filed home country tax returns in the home country by the time they have file thai tax returns. 

 

Also take the case of rental income.  The UK for example makes clear that it exercises its right to tax UK rental income. . Because all its DTAs say it may tax rental income, so it does.  But Thailand may also tax overseas rental income and has said it will exercise this right. Rental income is taxed on completely different bases in Thailand and the UK.  Moreover, the RD requires a half yearly PND94 tax return and tax payment in addition to the year end PND90.

 

It will be interesting to see the reaction of the UK HMRC if someone writes to them and informs them from now on they will not be filing tax returns or paying tax on their UK rental income because they will only be paying tax on it to Thailand.  You probably wouldn't get a reply at all but demands for a tax return and fines for late submission. The UK expects overseas tax authorities to enter into a gentleman's agreement not to exercise their rights to be primary tax authority for UK sourced income on a reciprocal basis.  But the RD doesn't understand this and is under pressure to exercise its right to collect as much tax as it can to pay for fiscal incontinence planned by this government. European tax authorities are happy to enter into these gentlemen's agreements as it saves them and taxpayers a lot of trouble and in most cases doesn't make much difference to their tax takes.  In Thailand's case, even if they understand that this is the way that DTAs are applied by grown up countries, they will not see the benefit to them because income earned by overseas resident individuals in Thailand is a fraction of income earned overseas by Thailand tax residents. For a start very few Thais have a pension at all. 

The twice yearly filing for overseas rental income is only applicable if the income is remitted in the first half of the year. A simple work around is wait until after June before remitting rental income.

 

I receive rental income from overseas and file UK taxes each year. I know what my tax position will be in each country I have income, well in advance of the filing date and I'll be very surprised it others don't know the same. If I file my Thai tax return in mid March, I may have to guess at the numbers for the last two weeks of the UK tax year but I think I can do that with some precision. As it happens, my rental income is die 10th of the month which means by 10th March, I have my complete UK figures.

 

To add: I have huge respect for poster Dogmatix's knowledge and research abilities on the subject of Thai tax and think his contribution to the topic has been truly outstanding. It's worth noting however that much of his interaction with the TRD on tax related matters, appears to pertain to business taxes or taxes relating to business. I'm not convinced if the TRD response to the general public will be the same hence I'm uncertain how much of that experience carries across.  

Edited by Mike Lister
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2 hours ago, Mike Lister said:

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I receive rental income from overseas and file UK taxes each year. I know what my tax position will be in each country I have income, well in advance of the filing date and I'll be very surprised it others don't know the same. If I file my Thai tax return in mid March, I may have to guess at the numbers for the last two weeks of the UK tax year but I think I can do that with some precision. As it happens, my rental income is die 10th of the month which means by 10th March, I have my complete UK figures.

....

I also have rental income from several apartment buildings. But I could only roughly estimate the profit in advance. First I have to wait for the annual bills from my suppliers: electricity, gas, water. They come quite differently for all rental properties (February-April). When I have all the billing numbers together, the data goes to my heating cost accounting service. All apartments have consumption meters on the radiators so that consumption can be allocated for each apartment (heating and hot water). It will take until July until I receive the statements. Then I will be able to prepare my profit and loss statement for each apartment building. Then my statements go to my tax advisor, who also makes some profit adjustments. He then sends the whole thing to my tax office in October-November. Depending on the workload and the document verification requirement, I will receive my official tax assessment in February of the following year.

 

It is therefore impossible for me to report my 2024 income to the Thai tax authorities by the end of March 2025. The only thing I would report to the Thai tax office (if I contact them  at all) would be the transfers of my savings (e.g. earned and taxed in 2017) to Thailand in 2024.

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32 minutes ago, tomacht8 said:

I also have rental income from several apartment buildings. But I could only roughly estimate the profit in advance. First I have to wait for the annual bills from my suppliers: electricity, gas, water. They come quite differently for all rental properties (February-April). When I have all the billing numbers together, the data goes to my heating cost accounting service. All apartments have consumption meters on the radiators so that consumption can be allocated for each apartment (heating and hot water). It will take until July until I receive the statements. Then I will be able to prepare my profit and loss statement for each apartment building. Then my statements go to my tax advisor, who also makes some profit adjustments. He then sends the whole thing to my tax office in October-November. Depending on the workload and the document verification requirement, I will receive my official tax assessment in February of the following year.

 

It is therefore impossible for me to report my 2024 income to the Thai tax authorities by the end of March 2025. The only thing I would report to the Thai tax office (if I contact them  at all) would be the transfers of my savings (e.g. earned and taxed in 2017) to Thailand in 2024.

I suspect you are on a totally different scale of things than the retiree with a single property they rent out. Yes of course there will be people such as yourself who can't easily and quickly match tax years but I doubt very much that you are representative of the average foreigner in Thailand.

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3 hours ago, Mike Lister said:

I suspect you are on a totally different scale of things than the retiree with a single property they rent out. Yes of course there will be people such as yourself who can't easily and quickly match tax years but I doubt very much that you are representative of the average foreigner in Thailand.

In many other countries, even renting out only one apartment you will have to file taxes in Thailand before you are finally tax assessed and may have to wait one year or more before you can reclaim tax credits after having paid full Thai taxes. Of course, you can use your estimated tax credit for filing taxes in Thailand and hope that you do no have to provide documentation to TRD before your foreign taxes are finally assessed. I would rather wait with remittances until I can prove tax credits.

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1 hour ago, tomacht8 said:

True. This new tax orders are stupid.

I send 50 Million Baht in 2025 and stay under 180 days = no tax resident = no pay any tax.

Then I stay in 2026 all year and be a tax resident, transfer no money from abroad =  no income = not have to pay any taxes.  (In Thailand, the taxes on the saving interest are automatically withheld by the commercial banks and paid directly to the tax office). Sorry, those are idiotic tax laws.

 

I don't think that is an idiotic law. The average income here is very low, which is why only 6% of people pay income tax. It's abundantly clear that if the matter is left up to the people. nobody would voluntarily pay tax. The country gets by at present on VAT, Corporate tax and some targeted taxes, with holding 15% tax on interest is a logical move, making the people reclaim it if they don't owe tax. 

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12 hours ago, MartinBangkok said:

 

All I can say is this, my choice of saving 1 million Baht yearly not to stay in Thailand more than 180 days per year has been surprisingly positive. I have aleady spent 4 months in two other SEA-nations.

I've already spent 93 days out of country, in Spain and California, and atm I'm in Penang Malaysia checking it out. It's also the "low" rain season but the weather is not really worse. Except for imported alcohol (higher that Thailand) things are relatively cheap compared to Bangkok, certainly no worse. The multi-ethnic multi-cultural thing is kind of nice, and all the people have been friendly and respectful so far. I saw an article that even Mlaysia is becoming less foreigner-friendly is some way, but there is a lot of "research" left to do, and it's all good.

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41 minutes ago, Mike Lister said:

Given that so much is still unclear, I think it helps to have a, "glass have full" attitude, rather than assume the worst in every instance. We have a couple of long term posters on tax whose attitude is that the glass is completely empty plus there's no bottom in the glass anyway! 

 

And some of us think the glass should just be smashed and swept up and thrown in the bin.....lol

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4 hours ago, tomacht8 said:

That will be the consequence. I stop transfer money to my Bank account in Thailand. My solution is now to send the money to my daughters account. She has Thai and Foreign Passport. She study currently in Europe and is less then 180 days in Thailand. So she is not a Thai Tax resident. My daughter give me then her Thai ATM card and Pin, that then I can take out the money I need to support my Thai family in Thailand. LOL. That I am forced to go this way, is stupid. But TiT.

 

Are you ready to be lectured about your tax dodging skillz?

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9 minutes ago, Celsius said:

 

Are you ready to be lectured about your tax dodging skillz?

Depends if his actions are considered avoidence or evasion of tax.

Never heard of tax dodging

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19 hours ago, gamb00ler said:

Yes... that's how the self reporting method works.  If you like to gamble for big stakes go for it.  The resulting variance (AKA luck) would look something like:

small win

small win

small win

small win

HUGE LOSS

Yes.

 

I remitted one million baht to Thailand this year. It's my Social Security pension for the last decade or so.

 

So I don't have to report it.

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