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

[chiang mai]

52 minutes ago, Yumthai said:

I'm not saying you can't hire as a sole business owner, just that WHT filings should be required as well.

You see the problem, as long as TRD allows all self employed to group all their expenses in the standard deduction, there is no requirement to disclose wages paid to others.

[Yumthai]

1 hour ago, chiang mai said:

You see the problem, as long as TRD allows all self employed to group all their expenses in the standard deduction, there is no requirement to disclose wages paid to others.

I don't get it. You mean there is no requirement to disclose wages paid to other employees?

 

https://www.thailand.go.th/issue-focus-detail/006_115

 

"SME entrepreneurs, whether operating as individuals, such as a sole proprietor, ordinary partnership, or a group of persons that is not a legal entity, or as legal entities, such as a limited company, limited partnership, or legal entity partnership, when paying income types that the law specifies should have taxes withheld at source, must follow these procedures:

1. Have and use a taxpayer identification number (except for individuals who do not have to pay Value Added Tax, who should use their citizen identification number instead).
2. Deduct tax at source every time income is paid, which the law requires to be deducted at source, at the rate specified by the law.
3. Issue a certificate of withholding tax at source to the tax deductee as evidence for filing the income tax return. If it involves the government, an organization of the government, a municipality, a sanitary district, or another local administration organization, the paying officer should issue a receipt for the tax that has been deducted to the income recipient.
4. Remit the withheld tax within seven days from the end of the month in which the income was paid, to the local branch of the Revenue Department where the person obliged to withhold income tax at source has their office."

 

 

Found this other 2023 doc below quite comprehensive although not up-to-date regarding last overseas income remittance changes:

https://www.grantthornton.co.th/globalassets/1.-member-firms/thailand/media/doing-business-in-thailand-2023-_may.pdf

 

Edited 12 hours ago by Yumthai

[chiang mai]

20 minutes ago, Yumthai said:

I don't get it. You mean there is no requirement to disclose wages paid to other employees?

 

https://www.thailand.go.th/issue-focus-detail/006_115

 

"SME entrepreneurs, whether operating as individuals, such as a sole proprietor, ordinary partnership, or a group of persons that is not a legal entity, or as legal entities, such as a limited company, limited partnership, or legal entity partnership, when paying income types that the law specifies should have taxes withheld at source, must follow these procedures:

1. Have and use a taxpayer identification number (except for individuals who do not have to pay Value Added Tax, who should use their citizen identification number instead).
2. Deduct tax at source every time income is paid, which the law requires to be deducted at source, at the rate specified by the law.
3. Issue a certificate of withholding tax at source to the tax deductee as evidence for filing the income tax return. If it involves the government, an organization of the government, a municipality, a sanitary district, or another local administration organization, the paying officer should issue a receipt for the tax that has been deducted to the income recipient.
4. Remit the withheld tax within seven days from the end of the month in which the income was paid, to the local branch of the Revenue Department where the person obliged to withhold income tax at source has their office."

 

 

 

 

 

 

That raises more questions than it answers!

 

1) A sole proprietor and a self employed person are not the same things.

 

"A self-employed individual simply means the person works for him or herself. It's just a business term. A sole proprietor refers to someone who owns a business by themselves".

 

https://www.hellobonsai.com/blog/sole-proprietorship-vs-self-employed#:~:text=Since a sole proprietor operates,owns a business by themselves.

 

2) "when paying income types that the law specifies should have taxes withheld at source, must follow these procedures".

 

If the individuals TEDA are more than the wages?  And what are those income types?

 

3) If the entity must withhold tax and forward them to the TRD, how do they do that as a self employed person (which is not a legal entity) and therefore ineligible to obtain a TRD  employers account?

 

EDIT TO ADD: An excellent find however!

 

 

 

 

 

 

 

 

Edited 12 hours ago by chiang mai

[chiang mai]

"I don't get it. You mean there is no requirement to disclose wages paid to other employees?"

 

If a self employed person uses another self employed person for a specific job, they are not an employee. Even if the self employed person who does the hiring, contracts with another self employed person, that is a contractual relationship and not an employment contract of employer and employee. The cost of that....let's call it sub-contracting,....are all hidden within the 60% standard deduction  and there is no requirement to declare them or with hold tax.

 

 

[Yumthai]

8 minutes ago, chiang mai said:

If a self employed person uses another self employed person for a specific job, they are not an employee. Even if the self employed person who does the hiring, contracts with another self employed person, that is a contractual relationship and not an employment contract of employer and employee. The cost of that....let's call it sub-contracting,....are all hidden within the 60% standard deduction  and there is no requirement to declare them or with hold tax.

Can an unregistered self-employed legally hire an employee or a contractor, and thus not file any WHT return?

[chiang mai]

2 minutes ago, Yumthai said:

Can an unregistered self-employed legally hire an employee or a contractor, and thus not file any WHT return?

Good question....dunno!

 

In theory there's no hiring involved, it's more of a prime contract/sub contractor relationship perhaps but definitely not an employee.

 

My wife is self employed and she hires workers and pays them by the hour, all paid daily....that expense is never seen by TRD because it's inside the standard deduction. She' s not a legal entity but she is registered as self employed and files returns.

[Lorry]

18 hours ago, chiang mai said:

I've been trying to understand how and when employers must deduct tax from employees but I couldn't find any answer. I was trying to better understand how and why so few  Thai people file tax returns. I eventually concluded that the system is partially to blame.

 

Self employment is the cheapest and easiest method of doing business in Thailand, it doesn't require an accountant, a legal company name and the tax breaks are excellent. Over 50% of people work using this method which legally requires the individual to file a tax return, and pay taxes, twice a year.

 

The TRD Standard Deduction doesn't require receipts and allows the tax payer to deduct 60% of the cost of sales as input costs. That means they can hire people and pay them, without having to deduct tax. It also means the people who are hired can work in the same way. 

 

This system means the TRD never knows that the worker has hired people and paid them hence they don't know that tax is due. And since the self employed person never has to disclose details about their employees (because of the standard deduction), none of those payments are ever seen in a tax audit. 

 

Most people don't bother to register with TRD as self employed because they know the generous tax deductions (60% cost of sales as input) mean that most will not have to pay tax and apparently the TRD doesn't want null returns. A self employed worker in Thailand can easily turn over 700k baht per year and have taxable earnings under their TEDA level yet still take home 30k or more per month.

 

"Self-employed workers make up over half (roughly 53 per cent) of all workers in Thailand. As figure 1 shows, own-account work is the most common form of self- employment, comprising roughly 34 per cent of all employment, followed by contributing family workers (17 per cent) and employers (2 per cent)".

 

https://www.wiego.org/sites/default/files/publications/file/wiego-policy-brief-n31-bangkok.pdf

Would this work for a foreigner with a DTV?

700k tax-free is not bad.

[chiang mai]

4 hours ago, Lorry said:

Would this work for a foreigner with a DTV?

700k tax-free is not bad.

I don't think so. If I understand things correctly, the DTV requires an employer that is acceptable to the IMMI and I doubt that self employed would meet that need.

[Presnock]

On 9/20/2024 at 9:50 AM, chiang mai said:

"the UK-Thai tax treaty is worthless, i.e., you can't use the treaty's tie breaker language to determine which country has primary taxation rights, and the other secondary taxation rights?"

 

I don't know the answer or how this reloves.

JUst imagine, we expats can't figure out all the ins and outs of the taxation schemes based on our country's laws - so how with the Thai Revenue Department be able to come to what WE consider a fair interpretation - TIT so they will decide for Thai side  in any quesionable treaties...my opinion.

[chiang mai]

2 minutes ago, Presnock said:

JUst imagine, we expats can't figure out all the ins and outs of the taxation schemes based on our country's laws - so how with the Thai Revenue Department be able to come to what WE consider a fair interpretation - TIT so they will decide for Thai side  in any quesionable treaties...my opinion.

Issues like these appear from time to time and not just in DTA's. They need trained lawyers to interpret the rules, perhaps that can't be easily done and need to go back  to the diplomatic channel. The fact that you and I can't come up with a simple obvious answer, doesn't mean that much really.

[Presnock]

16 minutes ago, chiang mai said:

Issues like these appear from time to time and not just in DTA's. They need trained lawyers to interpret the rules, perhaps that can't be easily done and need to go back  to the diplomatic channel. The fact that you and I can't come up with a simple obvious answer, doesn't mean that much really.

That is why the tax agents are jumping for joy looking for all the new clients.  I personally am thankful to all the original expat notes in the forum that enabled me to fully understand where I stand in relations to the tax schemes and the DTA, best visa for me.  I do hope that some announcements from the revenue department concerning the schemes becomes available so we can stop/start new volume of ideas/opinions.  At times fairly entertaining but at other times can be just boring.  Best of luck to all.

[chiang mai]

3 minutes ago, Presnock said:

That is why the tax agents are jumping for joy looking for all the new clients.  I personally am thankful to all the original expat notes in the forum that enabled me to fully understand where I stand in relations to the tax schemes and the DTA, best visa for me.  I do hope that some announcements from the revenue department concerning the schemes becomes available so we can stop/start new volume of ideas/opinions.  At times fairly entertaining but at other times can be just boring.  Best of luck to all.

This is exactly why I don't believe that anyone should be consulting with Thai tax accountants just yet, not even Big 4 accountants, not until the TRD has provided some clarity. Thai's are not known for their propensity to say, "I don't know", it's more likely that you'll get a guess or a fudged answer. Let's face it, TRD cannot leave these issues open, not if they really want people to file tax returns. All of this may mean a bit of a scramble in January or February but there doesn't seem to be a different sp;ution that's good.

[Presnock]

1 hour ago, chiang mai said:

This is exactly why I don't believe that anyone should be consulting with Thai tax accountants just yet, not even Big 4 accountants, not until the TRD has provided some clarity. Thai's are not known for their propensity to say, "I don't know", it's more likely that you'll get a guess or a fudged answer. Let's face it, TRD cannot leave these issues open, not if they really want people to file tax returns. All of this may mean a bit of a scramble in January or February but there doesn't seem to be a different sp;ution that's good.

AMEN on that!

[Yumthai]

11 hours ago, chiang mai said:

Good question....dunno!

 

In theory there's no hiring involved, it's more of a prime contract/sub contractor relationship perhaps but definitely not an employee.

 

My wife is self employed and she hires workers and pays them by the hour, all paid daily....that expense is never seen by TRD because it's inside the standard deduction. She' s not a legal entity but she is registered as self employed and files returns.

 

WHT filing is mandatory for payments >= 1,000 THB.

 

"Payments to service providers amount to 1000 THB and payments less than 1000 THB to long-term contractors, such as telephone and internet companies, are subject to withholding tax. Exceptions include payments to non-taxpayers such as BOI companies and governmental organizations."

 

I've been told (Thai entrepreneur) that self-employed incurring expenses requiring WHT by law has to register a legal form. Can't find any official source though.

 

In practice and broadly, informal (undeclared) business owners hire contractors for business purposes and pay them cash. Nothing is declared hence illegal.

 

[chiang mai]

3 minutes ago, Yumthai said:

 

WHT filing is mandatory for payments >= 1,000 THB.

 

"Payments to service providers amount to 1000 THB and payments less than 1000 THB to long-term contractors, such as telephone and internet companies, are subject to withholding tax. Exceptions include payments to non-taxpayers such as BOI companies and governmental organizations."

 

I've been told (Thai entrepreneur) that self-employed incurring expenses requiring WHT by law has to register a legal form. Can't find any official source though.

 

In practice and broadly, informal (undeclared) business owners hire contractors for business purposes and pay them cash. Nothing is declared hence illegal.

 

That can't be right. What that says is that any time a business pays somebody for a service they must withhold tax and forward it to the TRD.