Taxfree gift to spouse

[jojothai]

20 minutes ago, newbee2022 said:

I went to the TD office and got legal, precise advice.

But you're free to do what you want. Not my business 🤣

You still don't try to understand why what they are stating is nonsense.

If I buy a car for my wife, from your "Legal precise Advice"  I would need to declare it and it then it will be taxable. - Despite the fact that I earnt the money and it has been taxed already?
I can do what i want with that money. Why would it be declarable and taxable again.

I can understand that the law does however put a limit on what can be gifted.

Have you not seriously considered that the "Legal precise advice" implies that I have the same problem for everything that I give to my wife?

On the same basis, when anybody gives money to their wife as a monthly allowance, then surely your officer would need it treated as a gift and taxable. Any monthly allowance given to the wife can be considered as giving benefit.
There would be plenty of people livid if they thought Thailand RD wanted to do that, including Thais.

 

[Yumthai]

1 hour ago, newbee2022 said:

I went to the TD office and got legal, precise advice.

The legal advice opinion given on a specific day at a particular office from a certain tax official is as sustainable as the fly life expectancy on a spider web.

[newbee2022]

1 hour ago, Yumthai said:

The legal advice opinion given on a specific day at a particular office from a certain tax official is as sustainable as the fly life expectancy on a spider web.

🥱🥱🥱

[persimmon]

10 hours ago, PomPolo said:

This is by far one of the most interesting topics I have read regarding the current taxation discussions.
I have a question for someone probably who is more knowledgeable than me on this subject.

If I transferred money from the UK to my Thai Bank account (then immediately to my wife's account) or directly to my wife's bank account would any of that be taxable we are talking well under 20M baht.
Also would you need to be married to give it as a tax free gift or would long term partner also be applicable?

Not an expert , but reading all the replies , a summary might be ...

 

# no tax on gifts , 20 m Bt to wife or kids ( must be legally married ) or 10 m Bt anyone else , per year .

note - to avoid confusion at the tax office , better to transfer directly to the beneficiary , rather than to your own account , then  the recipient .

[mrwebb8825]

On 2/7/2025 at 1:50 AM, 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.

Most gifts in Thailand are taxed at a flat rate of 5%. However, the gift will be exempt from taxation if it is given by a parent, child, or spouse — up to THB 20 million per year.Sep 6, 2024

https://www.greenbacktaxservices.com/country-guide/expat-taxes-for-thailand/

[jojothai]

9 hours ago, mrwebb8825 said:

https://www.greenbacktaxservices.com/country-guide/expat-taxes-for-thailand/

Thanks,

but not sure i would take everything as accurate on the page. They say:

In Thailand, residents are taxed on their worldwide income. Non-residents are taxed on only Thai-source 

As far as i am aware, there is not tax on worldwide income.

Not yet anyway. Lets hope it stays that way.

[Lamphen]

Thank you all for your inputs, some on topic and some off. Please consider my post closed.

Thank you.

[sometimewoodworker]

21 hours ago, PomPolo said:

If I transferred money from the UK to my Thai Bank account (then immediately to my wife's account)

It is assessable income as you have received it. After getting it and declaring it on your return (if you need to due to total remitted) you can do anything you want as it has been assessed.

 

21 hours ago, PomPolo said:

or directly to my wife's bank account

The advice I have received is that it is untaxable and undeclarable 

 

Caveat: 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.

21 hours ago, PomPolo said:

Also would you need to be married to give it as a tax free gift or would long term partner also be applicable?

The rules for gifts are on the TRD website, in some circumstances gifts to anyone are allowed, details on the TRD website.

 

The rules are not the most simple so very careful reading and professional advice are a good idea.

 

TIT YMMV

[sometimewoodworker]

10 hours ago, mrwebb8825 said:

Most gifts in Thailand are taxed at a flat rate of 5%. However, the gift will be exempt from taxation if it is given by a parent, child, or spouse — up to THB 20 million per year.Sep 6, 2024

https://www.greenbacktaxservices.com/country-guide/expat-taxes-for-thailand/

Your statement, even though it’s actually a quote, is wrong as it is incomplete.

 

it is only gifts above the limits that are taxable. It is quite likely that the majority of gifts are under the quite generous limits so are both untaxable and undeclarable. There are few people who cannot receive gifts.

[mrwebb8825]

9 hours ago, sometimewoodworker said:

Your statement, even though it’s actually a quote, is wrong as it is incomplete.

 

it is only gifts above the limits that are taxable. It is quite likely that the majority of gifts are under the quite generous limits so are both untaxable and undeclarable. There are few people who cannot receive gifts.

Since I didn't write the website nor am I a Thai lawyer, it's quite possible. BUT the OP wasn't asking about giving his wife a box of chocolates.

[sometimewoodworker]

3 hours ago, mrwebb8825 said:

Since I didn't write the website nor am I a Thai lawyer, it's quite possible. BUT the OP wasn't asking about giving his wife a box of chocolates.

Independently of the suspected nature of the gift, you are doing a disservice by posting faulty information. 
 

There is no need to have legal training to go to the actual source of the rules, had you done so you would have found that the website you quoted, without making clear it wasn’t your own information, was giving bad information. That you didn’t bother to check and are even now not accepting that your post gave bad information is just compounding your errors.

 

TLDR don’t believe/quote websites without checking 

 

 

[newbee2022]

On 2/7/2025 at 12:48 PM, 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?

There are a lot of controversial posts here, especially by those with not the slightest scent of knowledge.

The correct answer you're looking for is available at your Revenue department (also, please download the file and proceed according to the explanations)

[CMBob]

A few posters have got it right.  The "tax free" status belongs to the donee (person receiving the gift), not the donor.  As to the taxability in Thailand of "gift" funds that the donor remits to Thailand, that's a whole other kettle of fish.