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Double Taxation Avoidance Agreement (DTAA) between Thailand and Australia

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19 hours ago, BaanOz said:

I understand (not being a tax expert!) superannuation payments remains tax-free regardless of your residency

Link please.

 

Plenty on the internet about it.  Here's just a random website from the first page of a Google search.  

 

https://simplyretirement.com.au/tax-super-overseas

 

"Additionally, should you draw a pension from an untaxed superannuation fund, and these are largely limited to Government, public sector funds, then you may be taxed on your pension on a non-resident basis in Australia should you retire overseas. Non-resident tax rates are higher than residents tax rates because there is no tax free allowance. That tax may, or may not, be available as a tax offset in the country of residency."

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16 hours ago, BaanOz said:


Just a way around this could be to “commute” the pension. ie: get cash back into the tax free environment.

 

There are age and possibly dollar limits of doing this depending on the superfund but another option if the above actually comes to fruition.

 

Video here explains:

 

https://www.superguide.com.au/retirement-planning/can-i-add-to-super-after-i-commence-a-pension

How do YOU propose to escape the 30% non resident tax on ALL income generated in Australia? 

 

For me, it will be doing 45 days in Australia every year, but for many Aussie expat retirees that's not an option.

16 hours ago, Lacessit said:

Any savings before December 31, 2024 are not taxable when transferred to Thailand.

 

I don't see why any income , taxed or not, in Australia should be taxable in Thailand under the DTA.

 

The whole tax imbroglio is centred around whether Immigration is going to require retirees to present a Thai tax number and /or a Thai tax return when renewing their yearly extension. Thus far, there is no evidence this has happened to anyone.

 

For those retirees who are married to a Thai, they get 600,000 baht in deductions.

 

I could be wrong, but I really can't see Thai tax officials leaving their air-conditioned offices to hunt down retirees, when they don't even know where they live.

Thai tax is the least of people's problem.  It's the 30% from $0 to $135,000 that's going to "bite." 

 

As for "hunting down retirees" that's exactly the reason they MAY bring in the requirement to supply a Certificate of Clearance at extension time.  It means the expat presents to the TRD office, thus, no hunting down needed.  No Certificate of Clearance, no extension, simple.  Before you ask, why would they do that, ask yourself why wouldn't they do that?  When farang and money are involved, anything is possible in Thailand.  

1 hour ago, KhunHeineken said:

Link please.

 

"Additionally, should you draw a pension from an untaxed superannuation fund, and these are largely limited to Government, public sector funds, then you may be taxed on your pension on a non-resident basis in Australia should you retire overseas. Non-resident tax rates are higher than residents tax rates because there is no tax free allowance. That tax may, or may not, be available as a tax offset in the country of residency."


You have already provided the appropriate link which I've highlighted.
Lucky for me and most other Australians are not in a government superannuation funds.

1 hour ago, KhunHeineken said:

How do YOU propose to escape the 30% non resident tax on ALL income generated in Australia? 

 

For me, it will be doing 45 days in Australia every year, but for many Aussie expat retirees that's not an option.


No need to yell YOU.
Have already said what I'd do if this comes to fruition and substantially affected us.

5 hours ago, BaanOz said:


No need to yell YOU.
Have already said what I'd do if this comes to fruition and substantially affected us.

So, you will do the 45 days.  Is that correct? 

5 hours ago, BaanOz said:


You have already provided the appropriate link which I've highlighted.
Lucky for me and most other Australians are not in a government superannuation funds.

You could apply for an exemption.

 

https://www.ato.gov.au/forms-and-instructions/private-ruling-superannuation-funds-for-foreign-residents-exemption-from-withholding-tax

 

 

1 hour ago, KhunHeineken said:


Exemption on foreign superannuation funds has nothing to do with non-resident tax and Australian taxed superannuation funds.

 

Everyone’s situation is different but odds are the OP (who only asked about Thai tax) is in a superannuation fund like most Aussie, so this talk of 45 days etc is irrelevant.

 

I’ve investments within an Australian taxed superannuation fund so have no fear of mongering. 😀

12 hours ago, BaanOz said:

Exemption on foreign superannuation funds has nothing to do with non-resident tax and Australian taxed superannuation funds.

Withholding tax.

 

If you inform your bank in Australia you are now a non resident for tax purposes, should you supply your overseas address, you pay 10% tax on interest, but the ATO exchanges your information with Thailand, and if you don't supply an overseas address, it's 47% tax. 

 

Of course, no tax free threshold, either.   

 

12 hours ago, BaanOz said:

Everyone’s situation is different but odds are the OP (who only asked about Thai tax) is in a superannuation fund like most Aussie, so this talk of 45 days etc is irrelevant.

Yes, everyone's situation is different.  

 

Most Aussies working in Australia today are contributing to super as it's compulsory to do so.   Super started in 1992, and salaries were very low back then.  Most expat retirees, despite living in Thailand, would most likely not have enough super to see them through to end of life.  This is mainly because super was not around for their whole working life in Australia, and salaries were very low back then.  

 

I would suggest this is the main reason many sell up in Australia, mainly property, to fund their retirement here, possibly with a part pension also. 

 

I think you will find the 45 days becomes very relevant to many here in the future, with many of them not maintaining accommodation back in Australia, which is one of the four factor tests for the 45 days.  See below.

 

"Australian accommodation: This examines whether the individual has a permanent home available in Australia, considering factors like ownership, rental agreements, and the nature of their living arrangements."

 

12 hours ago, BaanOz said:

I’ve investments within an Australian taxed superannuation fund so have no fear of mongering. 

There's no fear mongering.  It's all in black and white.  It's the law. 

 

It's the proposed changes to tax residency that will allow the law to be implemented more efficiently, a lot more efficiently, so much so, many non residents for tax purposes will be scooped up in the net, where they previously escaped non resident tax. 

On 7/11/2025 at 11:15 AM, KhunHeineken said:

OP, you should start planning for the future and to spend 45 days a year in Australia, or be prepared to pay the below in tax. 

 

Foreign resident tax rates for 2019–20 to 2025–26.

Foreign resident tax rates 2025–26

Taxable income

Tax on this income

0 – $135,000

30c for each $1

$135,001 – $190,000

$40,500 plus 37c for each $1 over $135,000

$190,001 and over

$60,850 plus 45c for each $1 over $190,000


This is fear mongering the OPs question when he will pay zero tax ans I understand unless he is in a government/public servant super fund.


What you say is all well and good but irrelevant.

2 hours ago, BaanOz said:

unless he is in a government/public servant super fund

 

  • Public Sector Funds: Likely around 1.6 million accounts (estimated), with $542 billion in assets (14% of the market). These often include defined benefit schemes for long-term members, though newer members are in accumulation funds.
  • Private Sector Funds: Approximately 20-22 million accounts (including multiple accounts per person), with $3.1 trillion in assets (76% of the market, including industry, retail, and corporate funds). SMSFs add another 1.1 million members and $933 billion.
21 hours ago, BaanOz said:


This is fear mongering the OPs question when he will pay zero tax ans I understand unless he is in a government/public servant super fund.


What you say is all well and good but irrelevant.

This is from the OP:

 

"I am classified in Australia as a self-funded retiree. My pension payments are drawn from a private pension platform and are automatically deposited into an external bank account. "

 

The OP is looking towards the Australia / Thailand DTA to provide some tax exemption.  The DTA only covers service pensions.  See Articles 18 and 19 of the DTA.

 

Thus, the OP is liable for tax. 

19 hours ago, BaanOz said:

 

 

  • Public Sector Funds: Likely around 1.6 million accounts (estimated), with $542 billion in assets (14% of the market). These often include defined benefit schemes for long-term members, though newer members are in accumulation funds.
  • Private Sector Funds: Approximately 20-22 million accounts (including multiple accounts per person), with $3.1 trillion in assets (76% of the market, including industry, retail, and corporate funds). SMSFs add another 1.1 million members and $933 billion.

All well and good, but totally irrelevant for the OP. 

3 hours ago, KhunHeineken said:

The DTA only covers service pensions.  See Articles 18 and 19 of the DTA.

 

Thus, the OP is liable for tax. 


Yes DTA tax exemption only covers service pensions.


The OP he said "private" superannuation fund and I'd assume that means he's in a taxed superannuation fund ie: not government/public sector.
If he was in a non-taxed government then bad luck on the Australian tax side (good luck on Thai).

Your own quotation above clearly shows there is a difference between taxed vs non-tax superannuation funds and you might want to look this up for more info.

OP must withdraw the mandatory X% of his superannuation depending on age from his "private" superannuation fund and if it goes into an Australian bank and if it earns interest then yes - proposed Australian foreign taxed.

Maybe he can transfer it direct to a Thai bank account and avoid that happening. Another option is pushing money back into his superannuation to avoid paying the proposed Australian foreign tax ie: info as I provided above,

BTW I'm self funded as the OP 

Non-Resident Considerations

  • Taxed Fund (e.g., private sector):

    • Lump sum: Tax-free at age 60.

    • Income stream: Tax-free at age 60.
       

  • Untaxed Fund (e.g., public sector):

    • Lump sum: May be taxed in Australia, even at age 60.

    • Income stream: May be taxed in Australia, with potential relief under a DTA.

4 hours ago, KhunHeineken said:

All well and good, but totally irrelevant for the OP. 


Good point, he said "Private".
Thought he might have been in the alternate.

On 7/15/2025 at 9:28 AM, KhunHeineken said:

Most Aussies working in Australia today are contributing to super as it's compulsory to do so.   Super started in 1992, and salaries were very low back then.  Most expat retirees, despite living in Thailand, would most likely not have enough super to see them through to end of life.  This is mainly because super was not around for their whole working life in Australia, and salaries were very low back then.


Started work 1980 and remember being harassed to join some scheme back then but wasn't popular. I though it was a scam.
Started superannuation 1988. Yes salaries low but compounding is the winner.

On 7/11/2025 at 11:13 AM, KhunHeineken said:

See the words "automatic" and "exchange?"

 

https://www.ato.gov.au/about-ato/international-tax-agreements/in-detail/international-arrangements/automatic-exchange-of-information-crs-and-fatca

 

The Australian government already know about your foreign bank accounts, and the Thai government already know about your Australian bank accounts.  That's because such knowledge is "automatic" and "exchanged" between the two jurisdictions. 

BS. I think they don't have any idea

1 hour ago, ubonr1971 said:

BS. I think they don't have any idea

Errrr.  Ok. 

 

Now, what about all those transfers to yourself into a foreign bank account?  Oh, that's right, make a false declaration to your bank/s, which is a criminal offense, and then let the ATO have you on toast, because they have your immigration records.  :cheesy:

 

https://www.ato.gov.au/individuals-and-families/investments-and-assets/foreign-resident-investments/foreign-tax-resident-reporting

 

If you have an existing account

If you have an existing account, your financial institution may contact you to confirm your country or countries of tax residence. This is to establish whether you have any accounts that need to be reported under the FATCA or the CRS laws.

They may also contact you if their records indicate that you could be a foreign tax resident. This might be because you have provided an address or other information for a country outside Australia.

3 hours ago, BaanOz said:


Started work 1980 and remember being harassed to join some scheme back then but wasn't popular. I though it was a scam.
Started superannuation 1988. Yes salaries low but compounding is the winner.

Say one is of retirement age this year, meaning, they are 65 years of age.  (older retirement scheme)  Say they started work at 16 years of age.  (normal for that era)  That means they have been working for around 49 years.  That means they started work in 1976, some 16 years before compulsory super was even introduced, and back then it was something like only 6% and with low salaries.  

 

Basically, not long enough working under compulsory super, without higher percentages and higher salaries, to see them through to end of life, not to mention, humans are living longer also. 

4 hours ago, BaanOz said:


Good point, he said "Private".
Thought he might have been in the alternate.

Any advice for the OP as to how he can "minimize" not "avoid" non resident tax in Australia, and resident tax in Thailand, after all, that is the nature of his OP? 

 

He's outside Australia for more than 183 days, and inside Thailand for more than 180 days, and, his income stream is not covered by the Australian / Thailand DTA. 

4 hours ago, BaanOz said:


Yes DTA tax exemption only covers service pensions.


The OP he said "private" superannuation fund and I'd assume that means he's in a taxed superannuation fund ie: not government/public sector.
If he was in a non-taxed government then bad luck on the Australian tax side (good luck on Thai).

Your own quotation above clearly shows there is a difference between taxed vs non-tax superannuation funds and you might want to look this up for more info.

OP must withdraw the mandatory X% of his superannuation depending on age from his "private" superannuation fund and if it goes into an Australian bank and if it earns interest then yes - proposed Australian foreign taxed.

Maybe he can transfer it direct to a Thai bank account and avoid that happening. Another option is pushing money back into his superannuation to avoid paying the proposed Australian foreign tax ie: info as I provided above,

BTW I'm self funded as the OP 

Non-Resident Considerations

  • Taxed Fund (e.g., private sector):

    • Lump sum: Tax-free at age 60.

    • Income stream: Tax-free at age 60.
       

  • Untaxed Fund (e.g., public sector):

    • Lump sum: May be taxed in Australia, even at age 60.

    • Income stream: May be taxed in Australia, with potential relief under a DTA.

Moves it to an Aussie bank account and then to a Thai bank account means Thai tax liability. 

 

Moves it to an Aussie bank account, interest earned is taxed at 10% if he supplies his overseas address, and 47% if he does not.  (link previously provided) 

 

No DTA relief.  No of it is a service pension.  It's all income generated in Australia and he is a non resident for tax purposes. 

 

BTW, I'm self funded also. 

36 minutes ago, KhunHeineken said:

Moves it to an Aussie bank account and then to a Thai bank account means Thai tax liability. 

 

Moves it to an Aussie bank account, interest earned is taxed at 10% if he supplies his overseas address, and 47% if he does not.  (link previously provided) 

 

No DTA relief.  No of it is a service pension.  It's all income generated in Australia and he is a non resident for tax purposes. 

 

BTW, I'm self funded also. 


Have already spelt it out clearly and just a final point about CRS… then have the last word as on most threads here and go enjoy your retirement. 😀


  Likelihood of Sharing: Low for standard superannuation accounts held by Australian tax residents or non-residents, unless the account falls outside the typical superannuation structure (e.g., certain SMSFs with foreign investments).

 

14 hours ago, KhunHeineken said:

Errrr.  Ok. 

 

Now, what about all those transfers to yourself into a foreign bank account?  Oh, that's right, make a false declaration to your bank/s, which is a criminal offense, and then let the ATO have you on toast, because they have your immigration records.  :cheesy:

 

https://www.ato.gov.au/individuals-and-families/investments-and-assets/foreign-resident-investments/foreign-tax-resident-reporting

 

If you have an existing account

If you have an existing account, your financial institution may contact you to confirm your country or countries of tax residence. This is to establish whether you have any accounts that need to be reported under the FATCA or the CRS laws.

They may also contact you if their records indicate that you could be a foreign tax resident. This might be because you have provided an address or other information for a country outside Australia.

you are for sure a law abiding member of the nanny state...  chill out will you. 

15 hours ago, BaanOz said:


Have already spelt it out clearly and just a final point about CRS… then have the last word as on most threads here and go enjoy your retirement. 😀


  Likelihood of Sharing: Low for standard superannuation accounts held by Australian tax residents or non-residents, unless the account falls outside the typical superannuation structure (e.g., certain SMSFs with foreign investments).

 

Where does the above come from? 

 

The word "low" does not mean "never" does it?

 

Can "low" change to "probable" in the future? 

 

You are relying of slipping through the net, whereas, I like to have my duck in a row. 

1 hour ago, ubonr1971 said:

you are for sure a law abiding member of the nanny state...  chill out will you. 

Death and taxes, right? 

 

The computer data bases are starting to communicate with each other back in Australia. 

 

As I have posted before, Australia is facing around 10 years of no surpluses.  This means they will be chasing every dollar from everyone. 

 

Times are changing. 

2 hours ago, KhunHeineken said:

Where does the above come from? 


With respect, best to do your due diligence on previously provided* before asking more.

*Not tax advice.

19 hours ago, BaanOz said:


With respect, best to do your due diligence on previously provided* before asking more.

*Not tax advice.

I copied and pasted the below into a browser. 

 

You posted this:

 

"•  Likelihood of Sharing: Low for standard superannuation accounts held by Australian tax residents or non-residents, unless the account falls outside the typical superannuation structure (e.g., certain SMSFs with foreign investments)."

 

At the top of the page was AI generated information.  You do know the accuracy of AI is not great, don't you?

 

The first website below that AI generated information was the below. 

 

https://1040abroad.com/blog/u-s-taxation-of-australian-superannuation-funds

 

The first sentence of that website is this:

 

"U.S. taxation of Australian superannuation funds is one of the more complex areas of expat tax, largely due to a lack of direct IRS guidance. Unlike American retirement accounts, Australian superannuation accounts, which are considered foreign pension plans, don’t automatically enjoy tax-deferred status under U.S. tax law. "

 

So, my question remains the same.  Where did you source the information in your previous post from? 

6 hours ago, KhunHeineken said:

So, my question remains the same.  Where did you source the information in your previous post from? 


I think you should DYOR as whatever I say will be shot down with zero fact checking on your part.

Just search... CRS Non-Reporting Financial Institutions

40 minutes ago, BaanOz said:


I think you should DYOR as whatever I say will be shot down with zero fact checking on your part.

Just search... CRS Non-Reporting Financial Institutions

I searched "CRS Non-Reporting Financial Institutions."

 

https://en.wikipedia.org/wiki/Common_Reporting_Standard#:~:text=All European Union (EU) countries,not signed are small countries.

 

"Starting to report in 2018:

Albania, Andorra, Antigua and Barbuda, Aruba, Australia................................................"

 

https://www.oecd.org/en/topics/policy-issues/tax-transparency-and-international-co-operation.html

 

"In today’s globalised world, it is crucial that tax administrations work together to ensure the right amount of tax is paid to the right jurisdiction. The OECD is at the forefront of international efforts to use enhanced transparency and exchange of information to put an end to bank secrecy and fight tax evasion and avoidance."

 

" In 2022, information was exchanged on 123 million bank accounts worth EUR 12 trillion."

 

That's a lot of bank account details exchanged. 

 

"The EOIR standard requires that information that is “foreseeably relevant” for tax purposes, such as information on the identity of the legal and beneficial owners of assets, companies and accounts, be available and accessible to tax authorities that can then exchange this information with tax authorities in other jurisdictions, on the basis of an international agreement. "

 

"assets, companies and accounts" legally covers everything.

 

  https://www.oecd.org/en/topics/sub-issues/international-standards-on-tax-transparency/automatic-exchange-of-information-exchange-relationships.html

 

The title says, "Automatic Exchange of Information - Exchange relationships."  Note the words, "automatic and exchange."

 

"Australia  Thailand  CRS MCAA activated"

 

"Thailand Australia CRS MCAA activated"

 

Notice the flow of information goes both ways. 

 

On 7/18/2025 at 5:06 PM, KhunHeineken said:

I searched "CRS Non-Reporting Financial Institutions."

 

https://en.wikipedia.org/wiki/Common_Reporting_Standard#:~:text=All European Union (EU) countries,not signed are small countries.

 

"Starting to report in 2018:

Albania, Andorra, Antigua and Barbuda, Aruba, Australia................................................"

 

https://www.oecd.org/en/topics/policy-issues/tax-transparency-and-international-co-operation.html

 

"In today’s globalised world, it is crucial that tax administrations work together to ensure the right amount of tax is paid to the right jurisdiction. The OECD is at the forefront of international efforts to use enhanced transparency and exchange of information to put an end to bank secrecy and fight tax evasion and avoidance."

 

" In 2022, information was exchanged on 123 million bank accounts worth EUR 12 trillion."

 

That's a lot of bank account details exchanged. 

 

"The EOIR standard requires that information that is “foreseeably relevant” for tax purposes, such as information on the identity of the legal and beneficial owners of assets, companies and accounts, be available and accessible to tax authorities that can then exchange this information with tax authorities in other jurisdictions, on the basis of an international agreement. "

 

"assets, companies and accounts" legally covers everything.

 

  https://www.oecd.org/en/topics/sub-issues/international-standards-on-tax-transparency/automatic-exchange-of-information-exchange-relationships.html

 

The title says, "Automatic Exchange of Information - Exchange relationships."  Note the words, "automatic and exchange."

 

"Australia  Thailand  CRS MCAA activated"

 

"Thailand Australia CRS MCAA activated"

 

Notice the flow of information goes both ways. 

 


I don’t understand the goal here when you intentionally quote what it reports but left out what is “non-reported”.

 

Just looking at other threads here and seems this is a common theme.

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