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Posted
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?

 

 

 

 

 

 

 

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Posted
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.

 

 

 

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Posted
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. 

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Posted
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. :thumbsup:

 

VD is also  free here.  :giggle:

 

 

 

Posted
19 hours ago, KhunHeineken said:

Did you stay in Thailand more than 179 days in 2024?  If you did, why? 

 

It was well discussed that one transferring larger sums of money here, for such purposes as buying property, should seriously consider being a non resident for tax purposes in the year they remitted said larger sum of money. 

I suggest most of us reading this aren't spring chickens anymore; moved to Thailand several years ago, settling in with their then, or now, Thai spouse; no longer have a house back in home country; have a home here in Thailand; and, for all these reasons, ain't flexible enough to become vagabonds, and jump country every 179 days, to avoid a potential tax hit.

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Posted
1 hour ago, rocketboy2 said:

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.

And that's why it was so memorable.  :smile:

 

1 hour ago, rocketboy2 said:

VD is also  free here. 

No, you have to pay the person giving it to you.  :smile:

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Posted
22 minutes ago, JimGant said:

I suggest most of us reading this aren't spring chickens anymore; moved to Thailand several years ago, settling in with their then, or now, Thai spouse; no longer have a house back in home country; have a home here in Thailand; and, for all these reasons, ain't flexible enough to become vagabonds, and jump country every 179 days, to avoid a potential tax hit.

My post was more directed towards the next generation of retiree coming through, and relocating to Thailand, following the same path you set out in your post. 

 

It's probably best for them to move their retirement set up money, and vacate Thailand for 6 months in that year.

 

Everyone's tax liability will be different.  Not every retired expat here is living on a meagre welfare pension with minimal tax to pay.  

 

The middle class retirees and high net worth individuals will have to assess whether Thailand remains a value for money retirement destination for 365 days of the year.  

 

If one's tax bill is more than the cost of living in say Vietnam for 6 months, why would they pay the tax to Thai government when it funds living in a neighboring country for 6 months?  They would still be up for the cost of living in Thailand for the second 6 months of that year.   

 

I have just mentioned in another post about age, health, and mobility.  I agree it's not possible for some to leave, but for those who are able, and who MAY get stung by this tax, leaving Thailand for 6 months of the year could be financially beneficial.    

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Posted
20 hours ago, NoDisplayName said:

This is where things get complicated.  The regulations seem to be written for a population that does not invest, that has all their eggs in one single passbook savings account.

 Spot on! And one single passbook savings account in Thailand.

Posted
21 minutes ago, KhunHeineken said:

The middle class retirees and high net worth individuals will have to assess whether Thailand remains a value for money retirement destination for 365 days of the year.  

 

They'll select a visa with tax exemption benefits.

 

.........and hope the rules don't change on a whim in a few years....

Posted
4 hours ago, JimGant said:

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.


There was no discussion with any lower level TRD agent regarding my bank statements when I submitted them together with my tax filing. The woman who accepted my tax filing also showed no interest in reviewing my attached documents in general. She only asked what they were and why I was submitting them and then briefly glanced at the form to ensure I had filled in all the numbers correctly. After that, she simply stapled everything together and sent me to the next counter, where I submitted the entire package.

 

At the final submission counter, they also didn’t review my forms. They simply entered the information into the system and issued a receipt. Additionally, my bank statements contain no exempt remittances, only the remittances I reported. When I submitted the bank statements with my tax return, I highlighted all remittances with a highlighter pen, and the total of those highlighted amounts matched the amount declared as income on my filing, making it easy for anyone to cross reference the figure stated as income in my tax return.

 

The head of the department responsible for assisting with tax form preparation had specifically advised to me prior that submitting a tax return without any supporting documents, just a single income figure on the form, is not recommended as it could raise questions. So I followed that recommendation and attached my bank statements. They are free to call me in for an audit if they choose, but nothing will change. The numbers are clearly outlined on my bank statements, and there is nothing that should raise further issues. The statements also contain a few transfers between my own local Thai bank accounts, but those are unlikely to be an issue of question either.

 

As I mentioned earlier, I have no intention of bringing in any non assessable income from overseas. I don’t have any non assessable pensions, and I would never attempt to bring in large amounts of long term savings while claiming they are non assessable because they were earned prior to 2024. Those are discussions I have no interest in having. The only money I will ever bring in each year will be an amount that qualifies as tax exempt because of the standard deductions and allowances, unless it becomes clear in the future that they start recognizing DTAs and allow tax that was already paid overseas to properly be declared and credited on an annual Thai tax return. But that still remains to be seen. Quoting further from a post I made previously within this topic:

 

I’ve now decided to avoid transferring any money this year (2025) that exceeds the tax-exempt threshold. Instead, I’ll transfer in only the maximum tax-free amount, as I did last year, and reassess the situation moving forward. I wouldn’t want to find myself in a situation next year where I unexpectedly owe a bunch of taxes on money I transferred in this year. Hopefully, by 2026, there will be clearer guidelines on how to claim foreign taxes already paid under double taxation treaties and then maybe I will bring in more again in the future.

 

That said, you should do whatever you feel is best for yourself. As I have already explained, any information I share on this topic is purely based on my personal experience and opinion. It is not intended as tax advice for anyone else.

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Posted
1 hour ago, NoDisplayName said:

and hope the rules don't change on a whim in a few years

When I considered it, those were my thoughts also.  The Elite visa came to mind. 

Posted
1 hour ago, WingNut said:

The only money I will ever bring in each year will be an amount that qualifies as tax exempt because of the standard deductions and allowances, unless it becomes clear in the future that they start recognizing DTAs and allow tax that was already paid overseas to properly be declared and credited on an annual Thai tax return. But that still remains to be seen.

 

 

I commend you for your prudent approach - but I speculate you may have a long wait to see DTAs noted on the Thai taxation forms.  ... .. Of course I too would like clarity, and I would even like to be proven wrong in the 2025, 2026 ... etc tax return form ... but I wont' hold my breath waiting for that to happen, despite my desire to see more clarity.

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