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Posted
14 hours ago, JimGant said:

Wrong. Here from the Thai-UK DTA:

The term "may be taxed" is OECD speak for: Country A has primary taxation rights, but Country B has secondary taxation rights. If the treaty had said, "may ONLY be taxed", then Country A has exclusive taxation rights.

 

The US-UK DTA also has the "may be taxed" language for rental income. However, the technical explanation for this treaty goes on to explain:

 

So, for the UK-Thai DTA: The UK has primary taxation rights, and thus gets to keep all the taxes collected; while Thailand, with secondary rights, can also tax the rental income, but has to absorb a tax credit for the taxes paid to the UK -- meaning, of course, they may not collect anything, should the credit exceed the Thai tax amount.

Thailand stated explicitly that once income is taxed somewhere else it will not be taxed again in TH.

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Posted
On 7/7/2024 at 11:12 AM, TroubleandGrumpy said:

Posted this is another thread about Thailand taxing even if not remitted - so am posting this here again as it applies to remitted income.

 

An update to those who are genuinely interested in knowing what is happening - especially if DTAs are required to be used - which it looks like they will be.  It seems many people are thinking like in the West - the rules are this, so that happens - it does not work like that here. I strongly suggest reading @Dogmatix last post - this is a clusterphar.......

 

There is no online TRD process or document that allows an Expat to easily lodge a tax return using their country's DTA to exempt anything already taxed, or to claim any exemption or allowances included in their DTA with Thailand.  I have had it confirmed by 2 tax accountant organisations that if I want to lodge a tax return using any part of a DTA for exclusions or allowances or just plain exemptions, I will need to provide detailed techncial and legal information that will be almost impossible for a layman to do in Thailand - they said I will need to use their services and I believed them.  They both currently use DTAs in the tax returns that they do for overseas companies, and they have absolutely convinced me it will not be an easy thing to do for an 'ordinary' Expat.

 

I gave them the details of the financial situation for myself and my Thai wife, and they advised me that their probable costs to do a tax return using the Australian DTA would be - 70-80K and 80-90K.  I have that in writing if anyone wants to PM for a copy. 

 

It will NOT be a simple matter if Expats are forced to lodge a tax return by TRD/Thai Govt, if they need to use the DTA to either exempt or reduce their taxation liability to Thailand.  IMO TRD will not be creating an online DTA tax lodgment process/document according to both the tax experts. IMO as soon as TRD realised how hard it would be, given that there are 61 separate DTAs and all of them are different in some way, they threw up their hands and shut their mouths.  The tax experts showed me what I did not know - TRD are caught in a very hard place - they are being pushed by the Thai Govt to start making Thais and Expats pay more income taxes. Their new Boss (Ms.Kulaya Tantitemit) is being very compliant to the new Govt,  and like all Thai bosses she has the 'Picard Syndrome' and thinks if she says 'make it so' - it will just happen.

Precisely, Trouble and Grumpy
About the allowances and exemptions, I think mentioned a form but no idea what site this is on.
Just hang fire fire but not confident of it being straight forward and supposedly in English 

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Posted
1 hour ago, jwest10 said:

I have tried to look both these sites up and frankly, it is very confusing and one has to register but that is probably the easy part but the form are very very complicated and in tThai.
We will await further clarification later on in the year but nowhere on any form does it list  the personal allowances  we can get to reduce  out tax and in many cases the 500k plus allowances covers our total  income and would think most people in this category.
Yes we wait but do not hold your breath for too long but too much ifs and buts and even the so-called experts saying completely different view points 

 

Thanks for your post!

 

One specific member of this forum (who cannot be named) can help you and explain all documents. He is claiming again and again that all is very easy and everything will be well in the future *sarcasm off*

 

 

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Posted
2 hours ago, stat said:

Thailand stated explicitly that once income is taxed somewhere else it will not be taxed again in TH.

As per Thai tax law foreign income which has been taxed in a foreign country, has been remitted to Thailand and is not tax exempt but tax credits can be claimed under the applicable DTA, is subject to Thai taxes. Please let us know the official statement of TRD that such income is not tax assessable income with tax credits against tax payable but completely exempt from Thai taxes contradictionary to DTA wording.

Posted
7 minutes ago, Klonko said:

As per Thai tax law foreign income which has been taxed in a foreign country, has been remitted to Thailand and is not tax exempt but tax credits can be claimed under the applicable DTA, is subject to Thai taxes. Please let us know the official statement of TRD that such income is not tax assessable income with tax credits against tax payable but completely exempt from Thai taxes contradictionary to DTA wording.

Thanks for your post! Please post the official statement that you are referring to, I am not saying you are wrong but I remember (maybe wrongly) that TRD stated once taxed it will not be taxed again.

 

Anyway I am not an expert nor do I take an interest in already taxed income being taxed again in TH. All the DBAs I know of tax rental income only in the country of the property. I will only have untaxed income in forms of cap gains.

 

 

Posted
7 minutes ago, stat said:

Thanks for your post! Please post the official statement that you are referring to, I am not saying you are wrong but I remember (maybe wrongly) that TRD stated once taxed it will not be taxed again.

 

Anyway I am not an expert nor do I take an interest in already taxed income being taxed again in TH. All the DBAs I know of tax rental income only in the country of the property. I will only have untaxed income in forms of cap gains.

 

 

In the context of your post, what's a DBA, again?

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Posted
2 hours ago, stat said:

Thailand stated explicitly that once income is taxed somewhere else it will not be taxed again in TH.

There were rumblings of that, early in this game, that had said something like, "If your home country has a DTA with Thailand, any you pay taxes to your home country, then Thailand will not tax same income." And a recent article in the Pattaya rag, without reference, said basically the same. Such language would make matters much easier on both you and me, as well as TRD. However, it would also cost Thailand lost tax revenue, by cutting Thailand out of the pattern, where the DTA gives it primary taxation rights.

 

And primary taxation rights mean Thailand keeps all the taxes, and doesn't have to absorb a credit. Only the home country absorbs a credit. Don't really believe Thailand wants to forgo a taxation windfall by saying, "pay taxes to home country, forget paying full fare taxes to Thailand, per DTA."

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Posted
10 minutes ago, Mike Lister said:

In the context of your post, what's a DBA, again?

German abbreviation of DTA.

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Posted
2 hours ago, jwest10 said:

I have tried to look both these sites up and frankly, it is very confusing and one has to register but that is probably the easy part but the form are very very complicated and in tThai.
We will await further clarification later on in the year but nowhere on any form does it list  the personal allowances  we can get to reduce  out tax and in many cases the 500k plus allowances covers our total  income and would think most people in this category.
Yes we wait but do not hold your breath for too long but too much ifs and buts and even the so-called experts saying completely different view points 

 

Visit your local tax office to get your TIN/PIN registered in the e-file system first.  You can then set up your online account.

 

When you file a PD90 (all sorts of income) or PD91 (salary only), you enter amounts for your personal exemptions.  60K for you, 60K for your spouse, etc., in the spaces provided.

 

Make liberal use of CNTL-C/CNTL-V

https://www.bing.com/Translator

 

To enter bank interest and SET dividends, look for the dropdown menu that includes NVDA as the first item.  You'll enter amount received, tax paid, and payer tax ID.

 

 

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Posted
1 hour ago, Mike Lister said:

In the context of your post, what's a DBA, again?

Sorry my bad DBA=DTA while DBA is the German abbreviation.

 

According to German Thai DTA and several sources ONLY Germany has the right to tax rental income if real estate is in Germany. TH could only decrease your allowance or raise the tax rate to a higher level. I assume UK TH DTA is the same.

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Posted
20 hours ago, Mike Lister said:

What I think is that we should all try to avoid or at least minimise, DTA related remittances, until the picture becomes more clear which may well be before the end of this year. At the latest, first hand reports from the next tax filing season should clarify matters for many.

Agreed

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Posted

Just as a matter of interest and have asked people who know people in the local tax office last week who have not yet heard about this DTA or any forms relating to the personal allowances one can use.
But they did say that one can file a tax form or at least the Thais can from 1st Jan 2025  to 31st March 2025 but did state please wait until much further in 2024 for updates.
There are forms Pnd 94 and 91 forms and have looked these up myself and at the top state 90  ut nothing is clear.
It was also stipulated not to fo anything until much later in 2024.
Myself, that is what I intend to do.

Anyway thanks again to Mike Lister in particular and there are a few others but interesting the YouTube channel stated we  had over 2k posts six nonths ago and are expecting more again and yes Mike mentioned the part 1 and 2 on this site.

Yes clarifying and I do not work or have a salary in Thailand but these are the personal allowances one can offset on the income tax.

1/ 1st Assessable income    150k  Baht
2/ Personal Allowance           60k
3. P A for wife                         60k who does not work
4/ Over age Exem (OAE)       190k
5/ 50% of Pension income     100K

No where can I find a form for this though the 60k and 120K has and think the 100k on the tax forms mentioned above.
Please take a look and see if I am missing anything  and as I stated earlier what was stated via the Tax office.


 

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Posted
2 hours ago, jwest10 said:

Just as a matter of interest and have asked people who know people in the local tax office last week who have not yet heard about this DTA or any forms relating to the personal allowances one can use.
But they did say that one can file a tax form or at least the Thais can from 1st Jan 2025  to 31st March 2025 but did state please wait until much further in 2024 for updates.
There are forms Pnd 94 and 91 forms and have looked these up myself and at the top state 90  ut nothing is clear.
It was also stipulated not to fo anything until much later in 2024.
Myself, that is what I intend to do.

Anyway thanks again to Mike Lister in particular and there are a few others but interesting the YouTube channel stated we  had over 2k posts six nonths ago and are expecting more again and yes Mike mentioned the part 1 and 2 on this site.

Yes clarifying and I do not work or have a salary in Thailand but these are the personal allowances one can offset on the income tax.

1/ 1st Assessable income    150k  Baht
2/ Personal Allowance           60k
3. P A for wife                         60k who does not work
4/ Over age Exem (OAE)       190k
5/ 50% of Pension income     100K

No where can I find a form for this though the 60k and 120K has and think the 100k on the tax forms mentioned above.
Please take a look and see if I am missing anything  and as I stated earlier what was stated via the Tax office.


 

+ max THB 25k for health insurance per person

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Posted
2 hours ago, TroubleandGrumpy said:

They stated that there is no 'rule or regulation' in the Tax Code in that regards, but that TRD had advised in the past that PIT people do not have to lodge a return, if they do not work for a company OR if they do not have to pay any income taxes.

AMEN!

Posted
3 hours ago, TroubleandGrumpy said:

 

BIG INFORMATION.  This is follow up to the above advice for those interested.

 

I just received information from a legal/tax company in Thailand.  Whilst the other two who I asked, just sent back estimates of the costs for them to lodge a tax return for me based upon using a DTA, the third company had not responded - until today.  They advised that based upon the information that I had provided, I am not required to lodge a PIT tax return, because I would not have to pay any income taxes.

 

They stated that there is no 'rule or regulation' in the Tax Code in that regards, but that TRD had advised in the past that PIT people do not have to lodge a return, if they do not work for a company OR if they do not have to pay any income taxes. The vast majority of Thais do not work for a 'company' where TRD needs to account for the company's taxes paid to TRD on their behalf, against a PIT return from the employee. TRD does not have the resources or time to process, record and file, 10s of millions of tax returns that do not require any payment to be made, and has not had any taxes withheld and paid to them during the year.  The example is that Thai Farmers are not required to pay income taxes on the income they make directly from farming - so they do not lodge tax returns.  Same for the small 'business' stalls that sell cheap food and products all over Thailand. The TRD PIT system was designed and is resourced for Thais that lodge a PIT tax return and make a tax payment and/or request refunds (when the company has already paid to TRD the taxes withheld).

 

They said that could change this year with this new rule, but that is very unlikely as the negative feedback from Thais would be bad for the new Govt.  However, if TRD does make any such change, they said that will let me know. 

 

That is great news - and I have no reason to not believe them.  It has always been my opinion, that TRD does not want every Thai to lodge a tax return (unlike in the West). Everything I read regarding filing a tax return, indicates to me that the information provided is very much focused towards someone that is paying PIT income tax at the end of the year.  The tax company could have done what the others did and just sent me a cost estimate, but they bothered to do some quick calculations and provided great advice.

 

Going forward, as stated before, I will keep detailed records of all the money I remit into Thailand (Pension and Savings), and in January 2025 I will calculate if I owe any income taxes (including the use of the DTA). If I do not have to pay any income taxes, then I will not lodge a tax return. Obviously I will be keeping an eye on the Pension money that I do remit into Thailand, and make sure it is below what would cause me to pay any income taxes.  And of course, I will interpret the DTA based upon my reading of what those Words mean to person who pays income taxes in Australia, not for a Thai TRD Officer who wants to hit me with a tax bill.

So this whole story about having to pay tax on remitted assessable income from overseas has just been one big misunderstanding and you believe that?

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Posted

So apart from the general debate over what when and hows of the topic can anyone provide a cumulative figure for maximum income for an expat with a dependent wife that falls under a taxable amount?

I may have missed such in generalized skimming of  various threads but omg the quantity is beyond me.

 

Posted
33 minutes ago, Mike Lister said:

So this whole story about having to pay tax on remitted assessable income from overseas has just been one big misunderstanding and you believe that?

 

I understand the email indicates if no tax is due, meaning not enough ASSESSABLE income remitted to owe tax, then no filing is necessary.

 

With the current forms, there is no blank space to enter "remittances."  Assessable amounts would be included in salary or foreign capital gains or foreign dividends.  Non-assessable amounts essentially don't exist.

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Posted
16 minutes ago, 0ffshore360 said:

So apart from the general debate over what when and hows of the topic can anyone provide a cumulative figure for maximum income for an expat with a dependent wife that falls under a taxable amount?

I may have missed such in generalized skimming of  various threads but omg the quantity is beyond me.

 

Depends on the age of the husband and wife. If over 65, around 560,000 baht, assuming pension is remitted from overseas. If under age 65 and no pension, about 120k or thereabouts.

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Posted
4 hours ago, TroubleandGrumpy said:

 

BIG INFORMATION.  This is follow up to the above advice for those interested.

 

I just received information from a legal/tax company in Thailand.  Whilst the other two who I asked, just sent back estimates of the costs for them to lodge a tax return for me based upon using a DTA, the third company had not responded - until today.  They advised that based upon the information that I had provided, I am not required to lodge a PIT tax return, because I would not have to pay any income taxes.

 

They stated that there is no 'rule or regulation' in the Tax Code in that regards, but that TRD had advised in the past that PIT people do not have to lodge a return, if they do not work for a company OR if they do not have to pay any income taxes. The vast majority of Thais do not work for a 'company' where TRD needs to account for the company's taxes paid to TRD on their behalf, against a PIT return from the employee. TRD does not have the resources or time to process, record and file, 10s of millions of tax returns that do not require any payment to be made, and has not had any taxes withheld and paid to them during the year.  The example is that Thai Farmers are not required to pay income taxes on the income they make directly from farming - so they do not lodge tax returns.  Same for the small 'business' stalls that sell cheap food and products all over Thailand. The TRD PIT system was designed and is resourced for Thais that lodge a PIT tax return and make a tax payment and/or request refunds (when the company has already paid to TRD the taxes withheld).

 

They said that could change this year with this new rule, but that is very unlikely as the negative feedback from Thais would be bad for the new Govt.  However, if TRD does make any such change, they said that will let me know. 

 

That is great news - and I have no reason to not believe them.  It has always been my opinion, that TRD does not want every Thai to lodge a tax return (unlike in the West). Everything I read regarding filing a tax return, indicates to me that the information provided is very much focused towards someone that is paying PIT income tax at the end of the year.  The tax company could have done what the others did and just sent me a cost estimate, but they bothered to do some quick calculations and provided great advice.

 

Going forward, as stated before, I will keep detailed records of all the money I remit into Thailand (Pension and Savings), and in January 2025 I will calculate if I owe any income taxes (including the use of the DTA). If I do not have to pay any income taxes, then I will not lodge a tax return. Obviously I will be keeping an eye on the Pension money that I do remit into Thailand, and make sure it is below what would cause me to pay any income taxes.  And of course, I will interpret the DTA based upon my reading of what those Words mean to person who pays income taxes in Australia, not for a Thai TRD Officer who wants to hit me with a tax bill.

Sorry T&G, I'm not having a go at you directly but what you've written here is just not credible. You're saying that only those people who work for a company have to file a tax return. Yet, nobody has bothered to mention this before, not the TRD in their Q&A sessions; not Sherrings in their Q&A sessions with the TRD; not any of the tax advisory companies, including the Big 4 such as PWC? Frankly, I think it's nonsense of a degree, the like of which we've not seen here before.

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Posted
1 hour ago, 0ffshore360 said:

So apart from the general debate over what when and hows of the topic can anyone provide a cumulative figure for maximum income for an expat with a dependent wife that falls under a taxable amount?

I may have missed such in generalized skimming of  various threads but omg the quantity is beyond me.

 

 https://sherrings.com/personal-tax-deductions-allowances-thailand.html

PLUS take into account anything and everything in your home country's DTA with Thailand.

Posted
1 hour ago, Mike Lister said:

Frankly, I think it's nonsense of a degree, the like of which we've not seen here before.

The only nonsense is Mike Lister's constant drumbeat about having to file a tax return if your assessable income exceeds 60000, 120000, or 220000 -- depending on your status. All my workers -- probably all the workers in my Moo Baan -- exceed these numbers. But few, if any, have income that exceeds the taxable threshold. So, why in the world would TRD want to see any filings from them -- or from farangs also without taxable income.

 

Quote

I will calculate if I owe any income taxes (including the use of the DTA). If I do not have to pay any income taxes, then I will not lodge a tax return.

 

Thanks, T&G -- for the most sane utterance to come out of this discussion. Mike, not sure why you're such a troublemaker over this issue.....? Thailand -- and TRD -- are not interested in folks with no taxable income. Only you are, apparently.

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Posted
3 minutes ago, JimGant said:

The only nonsense is Mike Lister's constant drumbeat about having to file a tax return if your assessable income exceeds 60000, 120000, or 220000 -- depending on your status. All my workers -- probably all the workers in my Moo Baan -- exceed these numbers. But few, if any, have income that exceeds the taxable threshold. So, why in the world would TRD want to see any filings from them -- or from farangs also without taxable income.

 

 

Thanks, T&G -- for the most sane utterance to come out of this discussion. Mike, not sure why you're such a troublemaker over this issue.....? Thailand -- and TRD -- are not interested in folks with no taxable income. Only you are, apparently.

Once again we're into the realm of what you think is sensible, versus what the Thai tax law states. I wonder how many times we need to go round this loop before you realise that your opinion doesn't matter when it comes to what is required under Thai tax law:

 

 

Tax returns

 

All persons earning income are required to file a tax return no later than 31 March of the following year for hardcopy filing and 8 April for online filing, except for individuals whose income from employment is THB 120,000 or less (for single persons) or THB 220,000 or less (for married persons) and in the case of having income from other sources (with or without employment income) of THB 60,000 or less (for single persons) or THB 120,000 or less (for married persons).

 

Individuals engaged in most forms of business are also required to file a return of their income for the first six months of the year by 30 September and pay the tax due.

Each husband or wife earning income can choose to file their income tax return either separately or jointly with their spouse, whichever they prefer.

 

https://taxsummaries.pwc.com/thailand/individual/tax-administration

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Posted
1 minute ago, NoDisplayName said:

 

There was more to it than that, Mike.

 

 

I can confirm this is true in my little patch of tax heaven.  I showed tax office lady my Thai sourced income and dividends, and a list of my remittances.  She asked whether remittances were salary or pension, I said it was savings.  Tax lady advised no need to file, unless submitting request for refund of interest/dividend tax withheld at source.

 

Unless the forms are changed, I expect this will continue.  I'll list the 5-10K baht local income, self-assess remittance as savings, and request tax refund.

 

 

That is contrary to big 4 advice, as posted.

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