Taxfree gift to spouse

[Lamphen]

According to the tax legislation, one can apparently gift up to THB 20 million without having to pay taxes.

Does anyone know how to technically do this?

[jojothai]

Yes,

this has been reported in topics before but some things are not yet clear, and whether a gift has to be declared in your tax return. The gift must be for use by the wife and not for your benefit.
You can obviously directly transfer money here to the wife's account. If you have the money in your bank account.
From the posts I have read and legal advice sites, then I believe a gift is tax exempt. But I am not sure if you have to declare it on your tax return as tax exempt. I would be grateful for anybody else to clarify this.

Most of the discussion i have seen concerns gifting money to the wife when you have funds from overseas.
If you transmit the money into your account here, it will be considered taxable irrelevant if you then gift it.
What has been stated is that if you gift it directly from overseas to your wife's account as a gift, then it should not be taxable. I have seen posts that contradict this but most seem to indicate it is correct.
I stand to be corrected if somebody has researched this and can confirm whether it is not taxable or clarify why it is still taxable, even though it is a gift.

[topt]

22 hours ago, Lamphen said:

Does anyone know how to technically do this?

@sometimewoodworker posted in one/several of the threads about this after getting "advice" from what I recall is a major Bangkok law firm. 

Either do a search in the tax threads or perhaps pm him?

Expattax may have something in their FAQs or in one of their videos - been so many sorry I cannot remember.

[sometimewoodworker]

21 hours ago, jojothai said:

I stand to be corrected if somebody has researched this and can confirm whether it is not taxable or clarify why it is still taxable, even though it is a gift.

A correctly documented gift, under the limits, is I untaxable and undeclarable by the recipient.

the rules are well documented on the TRD website so there is little point in repeating them.

 

There are opinions, that are not supported by professional advice (or that the poster refuses or declines to independently substantiate), that the giver has a tax liability even though the gift is not remitted to them originally or through their Thai account.

 

The uses that the recipient makes of the gift has limitations that can be established by referring to a professional adviser, as I did. The advice was from one of the director of one of the big 4 accountancy firms.

 

TIT YMMV

 

[newbee2022]

23 hours ago, Lamphen said:

According to the tax legislation, one can apparently gift up to THB 20 million without having to pay taxes.

Does anyone know how to technically do this?

If you buy earrings or necklaces it's ok. Because normally you would not wear it, would you? So you're not benefitting.

In case you give her money you could benefit. So it's not acknowledged as a gift.

[Dirk Z]

A senior executive from Mazars held a talk and in the Q&A it was explained that if you transfer money from abroad directly to your (Thai) wife's account it is not taxable up to 20M baht per year. Even my wife doesn't spend that. What happens if the wife then buys you are car or a beer is unclear so far. And also not very easy to quantify.

[Etaoin Shrdlu]

I think there are two tax issues here.

 

One is gift taxes. There is an exemption for the recipient spouse of up to 20 million baht. No tax payable by the recipient if under this amount.

 

The other one is income tax.  This one will likely involve the issue as to whether the giver remitted the funds before the gift was completed or whether the recipient remitted the gift after it was completed abroad. 

 

I think the income tax is the tricky one and I would advise getting written professional advice specific to your particular situation on both issues.

 

 

[newbee2022]

6 hours ago, Dirk Z said:

A senior executive from Mazars held a talk and in the Q&A it was explained that if you transfer money from abroad directly to your (Thai) wife's account it is not taxable up to 20M baht per year. Even my wife doesn't spend that. What happens if the wife then buys you are car or a beer is unclear so far. And also not very easy to quantify.

Carl Turner said on a webinar what I posted above.

If you buy earrings or necklaces it's ok. Because normally you would not wear it, would you? So you're not benefitting.

In case you give her money you could benefit. So it's not acknowledged as a gift.

It was confirmed by an officer in the Revenue Department.

[newbee2022]

6 hours ago, Dirk Z said:

A senior executive from Mazars held a talk and in the Q&A it was explained that if you transfer money from abroad directly to your (Thai) wife's account it is not taxable up to 20M baht per year. Even my wife doesn't spend that. What happens if the wife then buys you are car or a beer is unclear so far. And also not very easy to quantify.

That's wrong

[Liverpool Lou]

On 2/7/2025 at 2:50 PM, jojothai said:

But I am not sure if you have to declare it on your tax return as tax exempt. I would be grateful for anybody else to clarify this.

As would the recipient.

[newbee2022]

On 2/7/2025 at 2:50 PM, jojothai said:

Yes,

this has been reported in topics before but some things are not yet clear, and whether a gift has to be declared in your tax return. The gift must be for use by the wife and not for your benefit.
You can obviously directly transfer money here to the wife's account. If you have the money in your bank account.
From the posts I have read and legal advice sites, then I believe a gift is tax exempt. But I am not sure if you have to declare it on your tax return as tax exempt. I would be grateful for anybody else to clarify this.

Most of the discussion i have seen concerns gifting money to the wife when you have funds from overseas.
If you transmit the money into your account here, it will be considered taxable irrelevant if you then gift it.
What has been stated is that if you gift it directly from overseas to your wife's account as a gift, then it should not be taxable. I have seen posts that contradict this but most seem to indicate it is correct.
I stand to be corrected if somebody has researched this and can confirm whether it is not taxable or clarify why it is still taxable, even though it is a gift.

The officer in the Revenue department clarified it for me: if I as a giver could benefit from the gift in any way then it's not a gift.

If I buy earrings = gift

If I buy a car = no gift

[Liverpool Lou]

6 hours ago, newbee2022 said:

In case you give her money you could benefit. So it's not acknowledged as a gift.

Nonsense.  Cash gifts qualify.

[newbee2022]

1 hour ago, Liverpool Lou said:

Nonsense.  Cash gifts qualify.

You don't know anything🤗

[jojothai]

2 hours ago, newbee2022 said:

The officer in the Revenue department clarified it for me: if I as a giver could benefit from the gift in any way then it's not a gift.

If I buy earrings = gift

If I buy a car = no gift

She can sell valuable  ear rings for cash. Especially if they are worth a lot if you really want to give a credible gift.

Otherwise, why buy earrings?

My wife would tell me where to go if i said i will gift her ear rings unless they were gold  at least a few baht.

Then if the ear rings can be sold is it not also tax evasion?

The case stated does not IMHO have any different grounds than a car, because i have my own car and the other car is therefore additional for her.

Just like immigration and visas, it will all be down to what the attending officer thinks, or needs to  make a decision