5 minutes ago, Yumthai said:

My point is TRD has no reach outside of Thailand (unless criminal case + international warrant), so any well written piece of paper is an uncontested proof. But of course there's always the "at their discretion" that makes law and rules pointless.

I don't know if they have that reach or not, my guess is they do but unofficially or via back channels. 

 

If somebody presents a well written piece of paper as proof and TRD buys it, great. But if they don't they will keep requesting things until one day they either give up  or they tell you they don't believe you. There are appeals processes and tax tribunals and courts for such things so no individual is at the mercy of just one tax inspector. But the higher up the chain it goes, the more likely it is that it may mutate into something else.

2 hours ago, Yumthai said:

My point is TRD has no reach outside of Thailand (unless criminal case + international warrant), so any well written piece of paper is an uncontested proof. But of course there's always the "at their discretion" that makes law and rules pointless.

The CRS give informations about all your offshore accounts. The RD could ask you to provide the bank statements for these accounts.

You have to proof your tax declaration. If the RD have any questions you have to answer these questions. If your answers don't satisfy them they will estimate your tax or even open a crimanal case.

On 9/21/2024 at 3:52 AM, treetops said:

 

The CRS specifies the format of information and yes, the USA doesn't use this format.  I have mentioned this elsewhere, but the sharing (by the USA) appears to be done using the "Global Forum on Transparency and Exchange of Information for Tax Purposes" which is effectively the same thing as the CRS reporting, just using different mechanics, the way I understand it.

From what I find You are correct
The USA is no party to the CRS, but is covered by FATCA.

10 hours ago, jojothai said:

The USA is no party to the CRS, but is covered by FATCA.

 

No.  FATCA is one way sharing; the USA doesn't share information out through FATCA.

A good summary is found here:

 

"The CRS seeks to establish the tax residency of customers. Under the CRS, financial institutions are required to identify customers who appear to be tax resident outside of the country/jurisdiction where they hold their accounts and products, and report certain information to our local tax authority. They may then share that information with the tax authority where you are tax resident."

 

Frequently asked questions | Common Reporting Standard (CRS) | HSBC

 

The TRD has no right to directly contact your overseas financial institution.  It may request information from the Revenue Department, or equivalent, of the country that institution is located in.

 

 

I find it strange that all countries where I have bank or brokerage, or fund accounts asked me to declare my tax status, including the TIN, some years ago.  This one was sent to me by a funds management company in Australia back in 2018, and I had similar from other accounts there, in Singapore, and the Isle of Man, around the same time:

 

 

However, none of my banks in Thailand have requested this information, which makes me wonder how do they know if we are tax residents of Thailand or elsewhere, and, if the latter, where? And how do they report our account and tax status details to the TRD so it can fulfil its obligations under the CRS?

7 hours ago, ballpoint said:

A good summary is found here:

 

"The CRS seeks to establish the tax residency of customers. Under the CRS, financial institutions are required to identify customers who appear to be tax resident outside of the country/jurisdiction where they hold their accounts and products, and report certain information to our local tax authority. They may then share that information with the tax authority where you are tax resident."

 

Frequently asked questions | Common Reporting Standard (CRS) | HSBC

 

The TRD has no right to directly contact your overseas financial institution.  It may request information from the Revenue Department, or equivalent, of the country that institution is located in.

 

 

I find it strange that all countries where I have bank or brokerage, or fund accounts asked me to declare my tax status, including the TIN, some years ago.  This one was sent to me by a funds management company in Australia back in 2018, and I had similar from other accounts there, in Singapore, and the Isle of Man, around the same time:

 

 

However, none of my banks in Thailand have requested this information, which makes me wonder how do they know if we are tax residents of Thailand or elsewhere, and, if the latter, where? And how do they report our account and tax status details to the TRD so it can fulfil its obligations under the CRS?

All Thai banks do have these self-certification forms. 

 

One big bank uses forms that are illogical.

Another big bank says, these forms are for people who want that CRS data are transmitted.

Someone has posted that Thai banks just assume you are a tax resident in your country of passport.

It's all a bit messy.

It was quite messy when they started CRS in my home country, too (example: report CRS data to a non-participating country, confusing countries with similar names, etc)

18 hours ago, ballpoint said:

A good summary is found here:

 

"The CRS seeks to establish the tax residency of customers. Under the CRS, financial institutions are required to identify customers who appear to be tax resident outside of the country/jurisdiction where they hold their accounts and products, and report certain information to our local tax authority. They may then share that information with the tax authority where you are tax resident."

 

Frequently asked questions | Common Reporting Standard (CRS) | HSBC

 

The TRD has no right to directly contact your overseas financial institution.  It may request information from the Revenue Department, or equivalent, of the country that institution is located in.

 

 

I find it strange that all countries where I have bank or brokerage, or fund accounts asked me to declare my tax status, including the TIN, some years ago.  This one was sent to me by a funds management company in Australia back in 2018, and I had similar from other accounts there, in Singapore, and the Isle of Man, around the same time:

 

However, none of my banks in Thailand have requested this information, which makes me wonder how do they know if we are tax residents of Thailand or elsewhere, and, if the latter, where? And how do they report our account and tax status details to the TRD so it can fulfil its obligations under the CRS?

As Lorry has stated in the subsequent post, its all a bit messy at present. 
It seems there have been no formal notifications sent out to people for the information.
FYI, My bank asked for the information when I went in to discuss some other matters.
My stockbroker requested the CRS form is completed when i was updating my personal information that is requested annually.

56 minutes ago, jojothai said:

As Lorry has stated in the subsequent post, its all a bit messy at present. 
It seems there have been no formal notifications sent out to people for the information.
FYI, My bank asked for the information when I went in to discuss some other matters.
My stockbroker requested the CRS form is completed when i was updating my personal information that is requested annually.

Many banks in various countries resort to these methods, in the end. 

BTW CRS itself does not require them to ask for self-certification if they see no reason to suspect tax residency abroad. 

But what BOT or MoF says, may be different,