My Thai Tax Office Tax Filing Experience...

[Sheryl]

3 hours ago, aldriglikvid said:

Not expecting advice, but I'd appreciate your feedback on my situation: 

I transferred approximately 10m THB to my Thai bank in January 2024. All those funds came from my local bank back home, and have been taxed for already (via investing in equites and the such). The purpose for the transfer is probably not relevant for the RD, but I'm disclosing it here for context: purchase of condominium. 

Even though I earned this sum prior to 2024, and could produce documents to show it, I'm somewhat "scared" to file a 10 million remittance to Thailand - and then claim it non-assessable (from my understanding here, isn't really a viable option on the filing docs just yet). I'm afraid that they will be unable to properly understand my local docs, or interpret them to my disadvantage. 

Perhaps a controversial take, but, I'm probably going the route of not filing at all.

There isn't any way to file and declare a remittance non-assessable.

 

In fact the relevant form section is labelled "Assessable Income".

 

So (assuming no other, assessable, remittances) not filing seems the only realistic option. If and when questioned, explain the funds are from pre-2024 savings and thus non assessable.

 

 

[anrcaccount]

13 hours ago, aldriglikvid said:

Not expecting advice, but I'd appreciate your feedback on my situation: 

I transferred approximately 10m THB to my Thai bank in January 2024. All those funds came from my local bank back home, and have been taxed for already (via investing in equites and the such). The purpose for the transfer is probably not relevant for the RD, but I'm disclosing it here for context: purchase of condominium. 

Even though I earned this sum prior to 2024, and could produce documents to show it, I'm somewhat "scared" to file a 10 million remittance to Thailand - and then claim it non-assessable (from my understanding here, isn't really a viable option on the filing docs just yet). I'm afraid that they will be unable to properly understand my local docs, or interpret them to my disadvantage. 

Perhaps a controversial take, but, I'm probably going the route of not filing at all.

Finally, an interesting one. 

 

I'm sure there's thousands ( if not tens if thousands) of foreigners who did exactly the same thing last year, and transferred technically assessable income  (capital gains on stocks or property sold)  to pay for the Thai property.  

 

Your plan to not file is certainly not controversial, IMO it's the sensible option. I bet 95%+ of people in the same position,  will not file.

 

If you do try to file, you'll be one of, if not the first person, who has ever paid Thai tax on a remittance to purchase property, and we'll read about it in the news, I'm sure!

[JimGant]

On 1/31/2025 at 6:05 PM, NoDisplayName said:

I consider this my Thai Miranda rights........"You have the right to remain silent about non-assessable remittances.  Anything you submit can and will be used against you in a court of tax."

Agree, but would go one step more -- I have the right to remain silent about any assessable income that does not exceed TEDA, plus the 150k zero bracket.

 

Why? Because in this scenario, I would owe no taxes, so would not be evading taxation by not filing a tax return. Yes, there are those arbitrary 60/120/220k thresholds that require you to file, if your assessable income exceeds such. But, as Ben Hart, in his recent Integrity Legal video, points out: Just where in Thai tax Code is this stipulated? (He also says, no need to get a TIN where there's nothing in the Code requiring such.)

 

But even if he's wrong, it seems a simple matter to decide on filing  a tax return, or not:

-- If you have assessable remitted income exceeding TEDA plus the zero tax bracket, you have taxable income and must file a tax return (as penalties for tax evasion can be severe). Absolutely no rational argument against that.

-- But, if you have no taxable income (TEDA/zero bracket exceed assessable income), then don't file a tax return. (If Ben Hart is wrong about filing thresholds, worst case --2000bt fine.)

-- By not filing, not getting a TIN -- 'cause you have no taxable income - you're off the TRD radar, so there's absolutely nothing being indicated by a non existent tax return to attract their attention to you. You don't exist to the TRD, and their data base. jBest case, no?

 

So, your assessable income doesn't reach the level of becoming taxable -- so you don't file. What could possibly happen to you? Well, if TRD is smart, and knows they have to manage scarce resoures -- they'll only consider folks with very large remittances for potential audits. And even here they'll have to now whether these large remitters are tax residents, or not -- so will have to coordinate with Immigration on 180 day status of these high remitters. Bottom line: If you're a large remitter (whatever TRD determines that is..) and a tax resident, what might be the odds you're selected for a random compliance audit? And in the minuscule chance you are selected, certainly if you're on the up an up, you can substantiate how you've determined assessabiliy from non assessability.

 

Thus, why would you file a tax return -- and get a TIN -- if you owe no taxes?

 

 

 

 

 

 

 

[JimGant]

On 1/31/2025 at 4:21 PM, WingNut said:

I think including bank statements is a great idea and that is why I am doing it, even though it isn't compulsory.

You're talking about your Thai bank statement, listing all your remittances? You mean you expect to have a meaningful conversation with the agent of the day, explaining : This remittance represents non assessable income, because it is a pension from govt services, and the DTA says it's exempt. Watch his Oriental eyes glaze over. But, then, show him your direct deposit Social Security remittance -- also exempt by your DTA -- which this agent wouldn't have the slightest knowledge of. Then, of these remittances are from pre 2024 income, thus exempt by Por 162 (by this time, his eyes have glazed closed).

 

No, sitting down with a lower level TRD agent, with your bank statement showing un explained remittances, would be ludicrous. Even if you had your home country statements, where you could show remittances originated from a pre 2024 savings account, or from an account solely devoted to your military pension, or even more confusing, from a pre 2024 brokerage account. Good luck with any of this.

 

No, I don't think this would replace self assessment. Should something look way out of line, in a random assessment of returns somewhere down the line -- then bring in your bank statements for a chat. But, no way will filing in person at TRD require, nor be manageable, going thru this drill. Being able to file electronically already substantiates such action would be senseless.

[NoDisplayName]

1 hour ago, JimGant said:

Agree, but would go one step more -- I have the right to remain silent about any assessable income that does not exceed TEDA, plus the 150k zero bracket.

 

 

Thing is, we do have laws and regulations on this.  Miranda says non-assessable is not reported.  Miranda also says over 60/120K assessable requires filing, even if no tax due.

 

I understand your view, but I'm gonna follow the letter of the law, right up to the point where it gets inconvenient.  Others may feel differently, but for me it's just a part of living here.  Get an extension (half a day+shopping), do 90-day reports (5 minutes online x4), file an FBAR (10 minutes online), and now file tax (15 minutes online + bank letter).

 

15 minutes to file a null return is cheap insurance when you don't know what's coming.  It's not a game-changer.

 

Worldwide income would be.

 

 

 

[KhunHeineken]

22 hours ago, rocketboy2 said:

Maybe they will give us all something like,  free mango and sticky rice once a year at counter 

24 in the immigration car park.

Nothing is for free in Thailand. 

[rocketboy2]

4 minutes ago, KhunHeineken said:

Nothing is for free in Thailand. 

 

Not 100% true.

Years back I went into a Top Charoen glasses shop,  as the screw had dropped out one of the arms.

They fixed it for free. good job. 

 

VD is also  free here.