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Posted

For those not familiar with the Thai Revenue Department order no. P.162/2023 ... Here is a google translation (from Thai to English).  Obviously a google translation is NOT official. 

 

Again - disregard the format !!! as its a Goggle Translation.  It is not an official translation - rather this is the presentation google gives when one drags an image document into Google to translate.

 

paw-dn162A_EN.thumb.jpg.8bb12788cf7f63a9fa8af8ca36107200.jpg

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Posted
  On 9/8/2024 at 11:56 AM, Danderman123 said:

If Thailand imposes a worldwide income tax, Farangs will depart in droves.

 

I would reside in Thailand for 179 days a year, and visit other countries.

 

 

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You are not very intelligent or are very rich, the pittance in tax you would need to pay here or none at all would pale in airfares and hotels before finding somewhere to rent in foreign lands....

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Posted
  On 11/2/2024 at 6:31 AM, Njoku said:

You are not very intelligent or are very rich, the pittance in tax you would need to pay here or none at all would pale in airfares and hotels before finding somewhere to rent in foreign lands....

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You have no idea how much I would have to pay in Thai capital gains tax.

 

I have Founder's shares in 2 aerospace companies.

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Posted
  On 11/2/2024 at 6:57 AM, Danderman123 said:

You have no idea how much I would have to pay in Thai capital gains tax.

 

I have Founder's shares in 2 aerospace companies.

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Just make sure you're non resident in a year when you sell them and you're good to remit any time in the future.

 

Easier said than done but moving somewhere else for a mere 6 months in a given year to avoid a tax bill potentially in the millions of dollars is a no brainer, especially if you're paying no tax or far less tax in some other country.

Posted
  On 11/2/2024 at 8:47 AM, ukrules said:

 

Just make sure you're non resident in a year when you sell them and you're good to remit any time in the future.

 

Easier said than done but moving somewhere else for a mere 6 months in a given year to avoid a tax bill potentially in the millions of dollars is a no brainer, especially if you're paying no tax or far less tax in some other country.

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I sell stock every year.

 

Which is why I monitor this topic 

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Posted
  On 11/2/2024 at 10:02 AM, oldcpu said:

IMHO if

 

IMHO than perhaps Thailand is not the place for you - if this is mostly about money?

 

The world is full of fabulous places - and for many of us, where we live is not all about money.  For certain, my decision to retire in Thailand was not only about money. 

 

I think we can ALL think of over a dozen countries in the west where the capital gains costs will be worse than Thailand.  But if money is the issue - well, as noted - the world is large.

 

Reading this thread (and others) it appears that for many that living in Thailand, for them,  is all about money.  Which is fair, but as I noted, then perhaps Thailand is not the right place for those with such a view? ...  Just saying.

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Everyone is entitled to their opinion......

You responded to a particular poster but your response is not particularly empathetic to those who chose to live here from a tax perspective as was and suddenly find themselves potentially having to pay substantially more due to a change in a 30 plus year old tax directive.....

i'm all right Jack springs to mind......:annoyed:

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Posted
  On 11/2/2024 at 3:39 PM, oldcpu said:

Again - the vehemence toward Thailand (by those who claim they have a lot of money) is disrespectful and not helpful for those who are trying to understand the system better.

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I have to confess I have not noticed any "vehemence"  towards Thailand from the poster you replied to or others who supposedly have "a lot of money"....  Perhaps you can give some examples?

The 2 particular posters above have made some considerable effort to not be tax resident so that appears (in their case) to nullify your specific criticism?

 

  On 11/2/2024 at 3:39 PM, oldcpu said:

That is an annoyance on my part......

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We all have our crosses to bear.......

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Posted
  On 11/3/2024 at 11:30 PM, Phulublub said:

If saving a bit of money means everything to you, and you want to spend 6 months a year in Phnom Penh then go for it.

 

PH

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I think beyond money, for most of us who have voluntarily chosen to settle down abroad for a better quality of life, it's more about avoiding the increasing bureaucracy and control hell applied back home.

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Posted
  On 11/3/2024 at 10:06 AM, ukrules said:

You've got that right, it is very easy to do. I did it.

Booked a flight to Phnom Penh, checked into a hotel for a while and found an apartment very quickly.

Visa agent sorted a 1 year visa for about $500, returned to Thailand to collect everything I didn't bring with me on the first recon trip and then came back to Cambodia for the half a year.

Simple, total cost is like $15k max per year - for me - of course you could double or triple that very easily depending on where you decide to live or perhaps even purchase a place to live. Each to their own.

If you stand to save even fifty to a hundred thousand dollars a year then it can make sense to do this.

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Have you registered as a tax resident in Cambodia, then? 😅

 

Many people reading this are now considering staying 186+ days per year outside Thailand and having no tax residency at all. It might work for some, but it is not a viable strategy for everyone.

 

Some countries (not the UK) even have laws defining default tax residency, so citizens living abroad may be considered tax residents there if they fail to establish and prove tax residency in any other country.

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Posted
  On 11/4/2024 at 7:56 AM, Eudaimonia said:

Some countries (not the UK) even have laws defining default tax residency, so citizens living abroad may be considered tax residents there if they fail to establish and prove tax residency in any other country.

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Indeed...and if Cambodia decides that, because you are not tax resident anywhere else, then you default to being tax resident there, they will tax you on your worldwide income.  Makes Thailand's proposals seem rather generous!

 

Do hope the OP has done some thorough reserach!

 

PH

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Posted
  On 11/4/2024 at 8:24 AM, Phulublub said:

 

Indeed...and if Cambodia decides that, because you are not tax resident anywhere else, then you default to being tax resident there, they will tax you on your worldwide income.  Makes Thailand's proposals seem rather generous!

 

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183 days is the cutoff in Cambodia, then there's the fact that there is no personal income tax filing system in Cambodia at the moment. They plan to introduce it but they're not there yet. It was delayed until the end of this year with no new announcements yet.

Then there's holidays to other countries to consider, a simple 5 to 10 day trip to Vietnam or some other nearby country any time during the year would leave you below the number of days threshold everywhere for the year in question.

It's not hard.
 

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Posted
  On 11/4/2024 at 9:13 AM, ukrules said:

 

183 days is the cutoff in Cambodia, then there's the fact that there is no personal income tax filing system in Cambodia at the moment. They plan to introduce it but they're not there yet. It was delayed until the end of this year with no new announcements yet.

Then there's holidays to other countries to consider, a simple 5 to 10 day trip to Vietnam or some other nearby country any time during the year would leave you below the number of days threshold everywhere for the year in question.

It's not hard.
 

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Sounds like your plan is staying less than 180 days in Thailand, less than 183 days in Cambodia and several days in another nearby country, then you won't be a tax resident anywhere. Am I understanding correctly?

Posted
  On 11/4/2024 at 9:50 AM, JohnnyBD said:

Sounds like your plan is staying less than 180 days in Thailand, less than 183 days in Cambodia and several days in another nearby country, then you won't be a tax resident anywhere. Am I understanding correctly?

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Being tax resident nowhere could very well mean that your tax residency reverts to your citizenship - in the case of the OP, given their username, that would be the UK and they may well find them selevs liable to UK tax on the whole of their worldwide income.  Without knowing individual circumstances there are too many variables to know whether that is better than being tax resident here or elsewhere.  For myself, I am content that if/when the new Thai tax legislation for remitted income becomes fact, I will have no tax to pay over that which I have already paid (and cannot avoid paying) to the UK Government.  YMMV

 

PH

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Posted

I agree, I'm pretty sure a person must be resident for tax purposes somewhere and if all else fails, it will be in the country of domicile.

Posted
  On 11/4/2024 at 10:46 AM, Phulublub said:

Being tax resident nowhere could very well mean that your tax residency reverts to your citizenship - in the case of the OP, given their username, that would be the UK

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Citizens of some countries can actually be tax resident nowhere. It is my understanding that the UK is one of those.

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Posted
  On 11/4/2024 at 11:07 AM, Eudaimonia said:

Citizens of some countries can actually be tax resident nowhere. It is my understanding that the UK is one of those.

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I'll withdraw my comment as HMRC claims, "There is no legislation on this, but you have to be resident somewhere for tax purposes," and "you would revert to your citizenship."

 

https://community.hmrc.gov.uk/customerforums/sa/f139bcb8-1018-ef11-a81c-002248c88d50

 

I think the HMRC support person is wrong there, but these can be complicated cases that require careful planning. It's certainly safest to always be a tax resident in some friendly jurisdiction.

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Posted
  On 11/4/2024 at 11:25 AM, Eudaimonia said:

 

I'll withdraw my comment as HMRC claims, "There is no legislation on this, but you have to be resident somewhere for tax purposes," and "you would revert to your citizenship."

 

https://community.hmrc.gov.uk/customerforums/sa/f139bcb8-1018-ef11-a81c-002248c88d50

 

I think the HMRC support person is wrong there, but these can be complicated cases that require careful planning. It's certainly safest to always be a tax resident in some friendly jurisdiction.

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I knew a work colleague who was from the UK, but lived in Thailand. He told me he didn't pay income taxes anywhere because he worked in Saudi which was a non-income tax country, he stayed in Thailand less than 180 days due to his job, and he had no income from the UK. If what he was doing was legal, then it appears he wasn't a tax resident anywhere.

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Posted
  On 11/4/2024 at 10:50 AM, chiang mai said:

I agree, I'm pretty sure a person must be resident for tax purposes somewhere and if all else fails, it will be in the country of domicile.

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There is no must, it all depends on your country(ies) of citizenship. For some/many countries being tax resident somewhere is not a requirement to become non tax resident. Need to dig in each country tax residence criteria. Agreed that being tax resident nowhere is not a long-term safe situation for not well-structured wealthy individuals.

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Posted
  On 11/4/2024 at 11:46 AM, Yumthai said:

There is no must, it all depends on your country(ies) of citizenship. For some/many countries being tax resident somewhere is not a requirement to become non tax resident. Need to dig in each country tax residence criteria. Agreed that being tax resident nowhere is not a long-term safe situation for not well-structured wealthy individuals.

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Yes, in this case the 'Statutory Residence Test' applies - if you don't qualify for tax residency in the UK which can be advantageous in certain circumstances to some people I guess then there is no 'automatic residency' based on where you live outside the UK and you can't even simply choose to be resident in your country of citizenship (UK in this case) even if you want to because unless you go to the UK and put in the number of days required they won't accept you and that process is automatic.

I won't be surprised if this changes but it's been like this for quite some time now.

There are many rules but 15 days or less in the UK per year on average over the previous 3 years is the threshold at which you get 'booted out' of the system whether you want it or not - you're out.

 

Posted
  On 11/4/2024 at 7:56 AM, Eudaimonia said:

 

Have you registered as a tax resident in Cambodia, then? 😅

 

Many people reading this are now considering staying 186+ days per year outside Thailand and having no tax residency at all. It might work for some, but it is not a viable strategy for everyone.

 

Some countries (not the UK) even have laws defining default tax residency, so citizens living abroad may be considered tax residents there if they fail to establish and prove tax residency in any other country.

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My experience with NatWest International earlier this year was that I had to provide evidence of my tax domicile in order to continue banking with them.

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Posted
  On 11/4/2024 at 11:40 AM, JohnnyBD said:

I knew a work colleague who was from the UK, but lived in Thailand. He told me he didn't pay income taxes anywhere because he worked in Saudi which was a non-income tax country, he stayed in Thailand less than 180 days due to his job, and he had no income from the UK. If what he was doing was legal, then it appears he wasn't a tax resident anywhere.

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Yeah, this is legal.

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