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.  

 

 

 

[JimGant]

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.

[KhunHeineken]

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. 

 

1 hour ago, rocketboy2 said:

VD is also  free here. 

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

[KhunHeineken]

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.    

[samtam]

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.

[NoDisplayName]

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....

[WingNut]

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.

[KhunHeineken]

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. 

[oldcpu]

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.

[WingNut]

1 hour ago, oldcpu said:

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.

 

Thank you. I was fortunate enough to transfer in a fair amount right before 2024, so I have enough Baht to cover most of my spending in Thailand for the next couple of years, assuming no large, unforeseen purchases. Bringing in only a nominal amount each year, which is still within the tax-exempt threshold, helps to top up my Baht savings and extend the time before I need to transfer in larger amounts again in the future. This also allows me to wait a couple more years to see how the DTA issue develops with the TRD, which has also been on my mind ever since the announcement of these tax changes for residents.

 

That said, as I mentioned in a previous post, I already discussed this with a woman at the tax office. I showed her one of my overseas statements that displayed both income and tax withholding from a couple of years ago as an example, and she told me that I could report the withheld tax as a credit on page 4, section 11, line 13, which is the section where one can enter foreign tax credits to offset Thai tax liability. However, as others have pointed out within this topic, that may not technically be the correct place to report it. So, as you said, hopefully, we’ll get more clarity on this matter going forward from the TRD to where they address the issue of DTAs within the PRD90 forms and with greater precision. 

. 

[oldcpu]

16 minutes ago, WingNut said:

That said, as I mentioned in a previous post, I already discussed this with a woman at the tax office. I showed her one of my overseas statements that displayed both income and tax withholding from a couple of years ago as an example, and she told me that I could report the withheld tax as a credit on page 4, section 11, line 13, which is the section where one can enter foreign tax credits to offset Thai tax liability. However, as others have pointed out within this topic, that may not technically be the correct place to report it. So, as you said, hopefully, we’ll get more clarity on this matter going forward from the TRD to where they address the issue of DTAs within the PRD90 forms and with greater precision. 

. 

 

I recommend you give consideration to what other's have noted. There is a guide that gives more detail as to what goes in each of the fields in a Thai tax form.  I have a partial copy of what I believe to be the wording ( but unfortunately do not have the referenced image😞

 

Quote

 

No. 11 item 13. Withholding tax credit and tax credit for tax paid in accordance with ภ.ง.ด. 93 and ภ.ง.ด. 94

 

When you received income during a tax year, the law requires the payer to withhold income tax for some types of income. In some countries, this is called “pay as you go” or “pay as you earn”. In Thailand, it is called “withholding tax”. The payer is also required to issue you a withholding tax certificate similar to this picture.

 

If the payer refused to issue a withholding tax certificate, the payer is subject to a criminal penalty. You may receive many withholding tax certificates if you have received income from different payers.

 

The form should tell you how much of income tax was withheld. The withholding tax can be used as a tax credit.

 

Other items may also be used as a tax credit, such as:
    1. Income tax that you have paid using ภ.ง.ด. 94 (half year filing).
    2. Income tax that you have paid using ภ.ง.ด. 93 (advanced filing).
    3. Dividend tax credit (only in the case that you have filled in No. 3 item 5. and item 6. The amount is the same amount in No. 3 item 6.

 

Please add up all the creditable tax in No. 11 item 15. This amount will then be deducted from your tax payable in No. 11 item 14. You will have to provide documents to the Revenue Department to prove the amount of withholding tax.

 

 

I believe you need a tax certificate if one wishes to use this field?  The English language translation is not good but it does read to threaten a 'criminal penalty' if tax certificate not provided.

 

I would not enjoy an audit in such a case if it were me and I used that field without the appropriate tax certificate.

 

[WingNut]

34 minutes ago, oldcpu said:

 

I recommend you give consideration to what other's have noted. There is a guide that gives more detail as to what goes in each of the fields in a Thai tax form.  I have a partial copy of what I believe to be the wording ( but unfortunately do not have the referenced image😞

 

 

I believe you need a tax certificate if one wishes to use this field?  The English language translation is not good but it does read to threaten a 'criminal penalty' if tax certificate not provided.

 

I would not enjoy an audit in such a case if it were me and I used that field without the appropriate tax certificate.

 

Thank you. As I mentioned in my previous post, hopefully, we’ll get more clarity from the TRD on this matter going forward, particularly regarding how DTAs should be addressed within the PRD90 forms. Until then, I have no plans to transfer in any amount of funds that might put me in a position where I could owe tax. So this isn't an issue I will personally need to consider much, or with any degree of certainty at this point. 

 

That said, all the uncertainty surrounding Thai tax laws in general and discussions about potential further restrictions on foreign residents overall has made me a bit weary and to further reconsider the risks of keeping too much on deposit in local banks.
 

If regulations were to change in a way that further negatively impacts foreigners, I wouldn’t want to have too much tied up here. Of course, I’ll always need to maintain a certain balance for visa purposes, and some additional funds to cover day to day expenses, but beyond that, I think I’ll take the opposite approach from now on by spending down more of my local reserves rather than continuing to transfer in more in the future to further add to them.

[potless]

13 hours ago, WingNut said:

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.

I find the advice from the head of the department to provide supporting documents a touch odd, in that had you filed online, there would be no such requirement or facility to do that as far as I know, (maybe I am wrong).

May I ask if the bank statements you provided were originals and did the tax office keep them? I.e. you dont have them anymore.

 

[JimGant]

14 hours ago, WingNut said:

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

 

14 hours ago, WingNut said:

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.

I'm a little confused.... Did you voluntarily submit supporting documents/bank statements -- or was this a requirement of this office? Did you advise the head of the dept that his subordinates didn't have a clue....?

[JimGant]

18 hours ago, NoDisplayName said:

and now file tax (15 minutes online + bank letter).

So, a bank letter is also required with electronic filing? And this bank letter is what -- your Thai bank's report of all annual remittances received? (That's probably been reported somewhere, but I must have missed it.)

[NoDisplayName]

2 hours ago, JimGant said:

So, a bank letter is also required with electronic filing? And this bank letter is what -- your Thai bank's report of all annual remittances received? (That's probably been reported somewhere, but I must have missed it.)

 

The bank letter is the statement of interest withholding tax, is optional, only needed to claim refund.

 

My remittances are all non-assessable, not taxable, not declared, not deducted,

 

If not for the refund, I would not need the bank letter, nor would I need to file, nor would I need a TIN (or in my case use of pink ID number).

[NoDisplayName]

14 hours ago, WingNut said:

I showed her one of my overseas statements that displayed both income and tax withholding from a couple of years ago as an example, and she told me that I could report the withheld tax as a credit on page 4, section 11, line 13, which is the section where one can enter foreign tax credits to offset Thai tax liability.

 

Hold on right there a second, pard'ner!

 

You presented an income/withholding financial statement from some time ago as evidence that your assessable income was taxed?

 

Are you sayin' the tax lady told you that you could take a tax CREDIT on your 2024 Thai tax return for foreign tax paid in previous years?

 

That don't seem right.

[NoDisplayName]

4 hours ago, potless said:

I find the advice from the head of the department to provide supporting documents a touch odd, in that had you filed online, there would be no such requirement or facility to do that as far as I know, (maybe I am wrong).

May I ask if the bank statements you provided were originals and did the tax office keep them? I.e. you dont have them anymore.

 

 

You have the opportunity to upload documents at time of filing.  If you don't have the necessaries, you can still file and have the return accepted, and upload at a later date.

 

File online:  https://efiling.rd.go.th/rd-efiling-web/login

 

If your return is flagged for missing documentation, you will receive a text message to log on and check your account status.  Missing documents will be listed, and you will be directed to a different webpage, where you will need to log in again with same ID/password.

 

Submit NEW docs:  https://efiling.rd.go.th/rd-efiling-web/authen/MTA2

[NoDisplayName]

14 hours ago, oldcpu said:

I believe you need a tax certificate if one wishes to use this field?  The English language translation is not good but it does read to threaten a 'criminal penalty' if tax certificate not provided.

 

I would not enjoy an audit in such a case if it were me and I used that field without the appropriate tax certificate.

 

 

That would be the Thai version of the IRS W-4.

Employers must provide or face criminal penalty.

 

Using section 11, line 13 for FOREIGN tax credits, otherwise not provided for on the tax forms, I think is the manual workaround to not having a procedure in place to deduct foreign credits.

 

The TRD officer can apparently manually alter the records when entering data into the computer, and seemingly override the system rejecting invalid or missing data.

 

IO's at a certain level can do this when processing visa/extension applications to override the need for valid financials.

[NoDisplayName]

14 hours ago, oldcpu said:

I have a partial copy of what I believe to be the wording ( but unfortunately do not have the referenced image😞

 

Instructions in English available on the TRD website.  I believe for PN90, you want page 39.

 

https://www.rd.go.th/fileadmin/download/english_form/2023/GUIDE_90_66_Complete.pdf

[NoDisplayName]

40 minutes ago, NoDisplayName said:

 

Hold on right there a second, pard'ner!

 

You presented an income/withholding financial statement from some time ago as evidence that your assessable income was taxed?

 

Are you sayin' the tax lady told you that you could take a tax CREDIT on your 2024 Thai tax return for foreign tax paid in previous years?

 

That don't seem right.

 

Just sayin'.................that would be foreign tax paid on your assessable pension income from 2021 or 2022, right, assuming you were tax resident then?

 

But that's all pre-2024 income, so not assessable.  I can see (in person) wanting to prove it was pre-2024, but that wouldn't earn a tax credit for this year?

 

***DISCLAIMER:  NOT ADVICE.  CONFUSION ONLY.***

[offset]

Simple question the 120000baht figure is for a married couple, if not barrier but have a child to support would that figure be 90000baht