Its Happening - Law to Tax Overseas Income Now in Progress

[Sigmund]

For those who can, why torture yourself `?

 

If you can, leave and set up shop in India, Vietnam. Malaysia or other Asian countries that are far more respectful with foreigners, better value of your money and living and the ladies who are far more open and friendly with foreigners.

 

Malta or Portugal have also become more cheap in many aspects compared to Bangkok or other popular beach towns like Hua HIn where cost of living is getting more and more expensive and foreigenrs are being over charged there almost on everything.

[oldcpu]

22 minutes ago, JackGats said:

Indeed this tie-breaker aspect is reiterated on this webpage (in German, search for ""Staatsbürgerschaft steuerpflichtig"):

 

https://staatenlos.ch/lifestyle/7-irrtuemer-der-steuerpflicht-in-deutschland/

 

 

 

Thanks. Interesting article. While in German language, one can easily translate with Google translate or DeepL translation.

 

Article suggests (to avoid being considered a German tax resident)
a.  do NOT own an apartment in Germany that one uses regularly
b.  do NOT work in Germany

Those appear to be somewhat obvious to me.

 

One can visit friends/family for birthdays, weddings, Christmas,or just for fun - and use a guest room for up to 30 days without any risk. ... 30 days is a bit short ... When I go to Europe (from Thailand) I like to go for at least 2 months.  But typically I only spend a few weeks in Germany in any given stretch during such European travel - and I will visit Ireland, or Scotland, or England, or France, or Spain during the 2 months (only the majority of my time traveling will be in Germany).

 

I found it interesting to read that in Germany the left-greens have been calling for a tax liability based on citizenship in Germany for years, similar to the USA, but it is unlikely in the short term because it violates EU law.  Shocking (that the left-greens push for such) ! 

 

And such violates EU law ??  I was not aware of any such EU law. Interesting !

 

I liked the confirmation that one does NOT have to close all of one's accounts and contracts in Germany to be a non-resident (that confirms what I have been doing is legal - which I thought it was). 

 

I thought the recommendation to avoid being active on the board and other activities (of German organisations) useful to know (to avoid being considered a German resident).  I have been asked to be a remote member on the board of a volunteer organization in Germany, which I turned down as my being retired I did not want to work any more (but I still feeling guilty for turning this down ) and I see now I may have avoided a tax pitfall.

 

I also use a friend's address in Germany for a (limited) financial purpose, and I read that is legal.

 

It also notes the misconception that if there is no residence, that citizenship makes one liable to tax.  That confirms my understanding from the Thai-German DTA.

 

Overall - for me - an interesting read.

Edited 2 hours ago by oldcpu

[spidermike007]

I see there's a lot of discussion about the fact that the authorities don't seem to be willing to acknowledge the fact that many affluent foreigners who live here full time will be lost. The important aspect of this is that I think that's what they want. I don't think they put any value on us as contributors to the economy or to Thai society on any level, and I think quite the opposite might be true. Their arrogance is stunning and they're ignorance is enormous, so vision is not exactly their strong suit.

 

They have no desire or ability to objectively evaluate just how much we bring to the table as relatively affluent expats. 

[chiang mai]

1 minute ago, spidermike007 said:

I see there's a lot of discussion about the fact that the authorities don't seem to be willing to acknowledge the fact that many affluent foreigners who live here full time will be lost. The important aspect of this is that I think that's what they want. I don't think they put any value on us as contributors to the economy or to Thai society on any level, and I think quite the opposite might be true. Their arrogance is stunning and they're ignorance is enormous, so vision is not exactly their strong suit.

 

They have no desire or ability to objectively evaluate just how much we bring to the table as relatively affluent expats. 

Perhaps that's because the loss is not significant and that we over rate our Importance to the economy, yet again.

[oldcpu]

29 minutes ago, andre47 said:

The problem is that many banks and stock brokers are demanding your tax ID and tax residency. Without ID no account. If you give them a ID which is not correct or your ID does not currently match your tax residency there is a risk of committing a crime.

 

Yes indeed !!

 

I encountered this - although they only asked for my "residency" (they did not ask for "tax residency") and they asked for my "tax ID".

 

I applied for , and was refused a Thai tax ID, because I was not bringing money into Thailand at present time (I brought a bunch in PRIOR to 1-Jan-2024).  But the Thai RD official advised that my Pink-ID # (same number as on my Yellow Book) could become my Thai Tax-ID ONLY after it was activated (and the Thai RD official saw no need to activate).

 

So for the bank and trading accounts that demanded my residency I gave "Thailand" and for my Tax-ID I gave them my "Pink-ID" number with the truthful caveat that it had not yet been activated in Thailand.  That was accepted by them.

 

I don't want to start a Yellow book/Pink-ID debate, but for any might who encounter this problem where a Thai Tax ID is demanded from a foreign bank or trading account, perhaps the approach I adopted might work for such.

Edited 2 hours ago by oldcpu

[ukrules]

5 minutes ago, spidermike007 said:

They have no desire or ability to objectively evaluate just how much we bring to the table as relatively affluent expats.

 

Exactly, and the truth of the matter is that there is no way for them to evaluate whom among us has a couple of million USD in investments and who has almost nothing to their name.

 

Perhaps that will change with CRS which provides end of year balances to bank accounts, does it apply to brokerage accounts? Who knows!

Edited 2 hours ago by ukrules

[JackGats]

25 minutes ago, andre47 said:

The problem is that many banks and stock brokers are demanding your tax ID and tax residency. Without ID no account. If you give them a ID which is not correct or your ID does not currently match your tax residency there is a risk of committing a crime.

Indeed the problem lies not with RD's but with banks. It's banks we mostly have to deal with, not RD's. Would we be committing a crime if we gave a Thai TIN to an offshore bank or broker while at the end of the day staying in TH under 180 days? Good question.

[andre47]

4 minutes ago, oldcpu said:

 

Yes indeed !!

 

I encountered this - although they only asked for my "residency" (they did not ask for "tax residency") and they asked for my "tax ID".

 

If you provide a Thai TIN (from your pink ID) and you name Thailand as your residency it is consequential also you tax residency. They will provide your account data to the Thai RD. Maybe the Thai RD will find out that this data is on you, then they will fine you because you didn't file your tax return. If the Thai RD could not identify your provided TIN they will inform your broker/bank about that and you will get problems from that side. Therefore I don't think that this is a good solution.  555

[oldcpu]

5 minutes ago, andre47 said:

If you provide a Thai TIN (from your pink ID) and you name Thailand as your residency it is consequential also you tax residency. They will provide your account data to the Thai RD. Maybe the Thai RD will find out that this data is on you, then they will fine you because you didn't file your tax return. If the Thai RD could not identify your provided TIN they will inform your broker/bank about that and you will get problems from that side. Therefore I don't think that this is a good solution.  555

 

Its a good solution if you are compliant with Thai law.

 

The Thailand RD official (Phuket office) specifically advised me that if I was NOT bringing any foreign money into Thailand, that I had no need for a tax ID, I had no need to file a Thai tax return. 

 

So you are saying they are going to fine me for what reason??   I am most interested to learn - as I try 100% to be legally compliant.

 

Now Yes - I AGREE 100% that one should not try to avoid taxes if one is required to pay taxes ... but there are clear legal scenarios where one does NOT have a tax residency and yet one needs to provide a tax ID to a bank or broker.

 

So I TOTALLY disagree with you.  This CAN be a good solution - but do be aware of the laws of the states where one is obtaining their income from, and be compliant with such.

 

Edited 1 hour ago by oldcpu

[JackGats]

3 minutes ago, andre47 said:

If you provide a Thai TIN (from your pink ID) and you name Thailand as your residency it is consequential also you tax residency. They will provide your account data to the Thai RD. Maybe the Thai RD will find out that this data is on you, then they will fine you because you didn't file your tax return. If the Thai RD could not identify your provided TIN they will inform your broker/bank about that and you will get problems from that side. Therefore I don't think that this is a good solution.  555

My fear is that the Thais would reply to the CRS report: "Please don't send us CRS reports about this person as he/she is not a taxpayer in Thailand". Thus the CRS can be a formidable weapon to expose individuals who pay taxes nowhere. Whether Thailand is already advanced enough in its commitment to the CRS to send such feedbacks is an open question.

[oldcpu]

17 minutes ago, JackGats said:

My fear is that the Thais would reply to the CRS report: "Please don't send us CRS reports about this person as he/she is not a taxpayer in Thailand". Thus the CRS can be a formidable weapon to expose individuals who pay taxes nowhere. Whether Thailand is already advanced enough in its commitment to the CRS to send such feedbacks is an open question.

 

I don't have a fear there.

 

There is no written law that one MUST pay tax everywhere. 

 

Rather individual countries have taxation laws that one MUST abide by - and I fully agree with following the laws.  I 100% agree with abiding by tax laws.

 

CRS would IMHO only help a government go after someone who is illegally not paying taxes they legally should pay.

 

But legally managing one's finances to reduce ones tax exposure breaks no laws.

 

In my case of using the Yellow-book/Pink-ID # as a tax ID number for a foreign bank & foreign broker:

(1)I  first applied for a tax-ID and was refused

(2) I also obtained confirmation from Thai RD that the pink-ID/yellow book could be used as a tax ID (but that it needed to be activated - which the Thai RD official would not do as I did not meet his criteria for the activation), and

(3) when I passed the pink-ID/yellow-book # to the foreign (non-Thai) broker/bank, I made it clear that the number was not yet active (in accordance with what the Thai RD official told me).  The foreign bank/broker could have refused my providing a not active tax-ID number, but they decided to accept such.  And it is a legitimate number.    I have NO worries about it being traced back to me. Maybe if it is, then the Thai RD will activate the number - which they would NOT do when I asked them to do so.

 

I think if one follows the law, one need not worry about CRS.

 

 

 

Edited 1 hour ago by oldcpu

[Kwaibill]

My wife for some reason wants to go to the US anyway, and is willing to go back to work to make it happen.

I’m not sure frankly if we can afford it anymore, and a bit concerned about tomorrow’s results should a non-white-person  discriminatory administration take root.

I tried to interest her in thinking about Costa Rica, but no sale.

I wonder if a month vacation every six months in someplace like Laos would get the revenue junkies off of ones financial back? Maybe even just a couple of weeks. 
Anybody know if/ how the “ residency clock” can be reset? I haven’t seen a lot of discussion along those lines. 

[chiang mai]

3 minutes ago, Kwaibill said:

My wife for some reason wants to go to the US anyway, and is willing to go back to work to make it happen.

I’m not sure frankly if we can afford it anymore, and a bit concerned about tomorrow’s results should a non-white-person  discriminatory administration take root.

I tried to interest her in thinking about Costa Rica, but no sale.

I wonder if a month vacation every six months in someplace like Laos would get the revenue junkies off of ones financial back? Maybe even just a couple of weeks. 
Anybody know if/ how the “ residency clock” can be reset? I haven’t seen a lot of discussion along those lines. 

Tax residency is based on the number of days per year, it resets every year on 1 January.

[oldcpu]

7 minutes ago, Kwaibill said:

Anybody know if/ how the “ residency clock” can be reset? I haven’t seen a lot of discussion along those lines. 

 

As noted to you Thai "Tax residency is based on the number of days per year, it resets every year on 1 January. "

 

For other countries than Thailand, it really depends on the country.  I know for Canada (and I believe for Germany) one does have to be precise in the connections to those countries that one severs (and does not reconnect) to ensure non-residency is maintained.   Its important IMHO that one follows the law in such cases - ie ... important that one has good legal financial taxation management.

[NoDisplayName]

54 minutes ago, oldcpu said:

But the Thai RD official advised that my Pink-ID # (same number as on my Yellow Book) could become my Thai Tax-ID ONLY after it was activated (and the Thai RD official saw no need to activate).

 

You should be fine.  As I understand it, the pink ID number is your tax filing number.  It only needs activation for use with the online filing system, paper returns don't require activation.

[oldcpu]

2 minutes ago, NoDisplayName said:

Quote

But the Thai RD official advised that my Pink-ID # (same number as on my Yellow Book) could become my Thai Tax-ID ONLY after it was activated (and the Thai RD official saw no need to activate).

You should be fine.  As I understand it, the pink ID number is your tax filing number.  It only needs activation for use with the online filing system, paper returns don't require activation.

 

I note I also used the yellow-book/pink-ID # to buy Thai government bonds via Bangkok Bank (where I believe such then goes to the Bank of Thailand).  Bangkok Bank staff entered that number into the computer application system to obtain the bonds, and I successfully purchased 2-million THB of Thai government bonds.

 

That was almost 2 years ago - and I have had no problems with the Bank of Thailand.  They regularly postal mail me the status of the bonds.   When I take the Bond book to Bangkok Bank, they regularly update the Bond book.

 

No one has complained about my using a 'tax-ID' number for Thai government bond purchase that is not activated yet for online use in filing a on-line tax return.

 

And back to the point - I do try to be fully legal, and I think if one was advised by a Thai RD official that (even thou one is a resident of Thailand) that one does not yet qualify for a Thai tax ID, but that when one does, the pink-ID# / yellow book # can then be used as the Tax ID, then, it is perfectly acceptable to provide such # to a foreign bank/broker, with the noted caveat that it may not yet be active.