Gifts and Personal Income Tax

[SunshineHarvey7]

(If this question has already been asked and answered with more than opinion, please point me to the topic.)

 

This situation is not unique, but I and a few friends are doing volunteer work in Thailand.  I have no salary or retirement or investment income. My  support comes almost solely from gifts from people who trust me and appreciate my work. 

My understanding is, gift money is not assessable, so my questions are as follows:

(1) Am I required to file a tax return if my only support was from sources that are not “assessable” (such as gifts) with no significant assessable income, such as from rentals, investments, retirement, pension, overseas contracts or salaries, royalties, etc.)? 

 

(2) Is there a limit to the amount of gift money a single person can receive per year and count it as non-assessable? Is that limit the same for a married couple filing jointly? What about a married couple with three dependents under 20 years of age?

I might add, I read in the (2009) “SUMMARY OF THAILAND’S TAX LAWS” by Tilleke & Gibbons:

 

“III. Inheritance and gift Taxes

 

There are no specific law on inheritance or gift taxes in Thailand.” (Pg. 24)

 

So, I am inclined not to file a tax return for the following reasons:

 

1) Gifts are not currently considered assessable;

 

2) With basically no assessable income and no likelihood that I should owe taxes, I may be refused a TIN;

 

3) I cannot find any official rule that states that a total non-assessable income above a stated threshold requires a foreigner to file a tax return. 
 

I was told by one tax consultant that I must file, but I can’t help but notice he has a conflict of interest, knowing I might hire him to file my return. So … an answer based on concrete evidence or from a credible source that does not have a conflict of interest would be very valuable to me and others.

[topt]

I don't know the answer to your question especially as most discussions on AN have been about Thai tax residents gifting their significant others......and there have been many such instances including this one -

 

however this -

57 minutes ago, SunshineHarvey7 said:

I might add, I read in the (2009) “SUMMARY OF THAILAND’S TAX LAWS” by Tilleke & Gibbons:

is way out of date. Gift tax law was amended in 2015/16.

If you go here - https://www.rd.go.th/english/37749.html

Under section 42 - 

Quote

Section 42 The assessable income of the following categories shall be exempt for the purpose of income tax calculation:

Quote

(29) Income derived from gifts whereby a donor has expressed his or her intention or appeared to have an intention of using the gifts for religious, educational or public benefit activities in accordance with the rules and conditions as prescribed by a Ministerial Regulation.¹⁴

So you could argue that if you were ever asked............

[SunshineHarvey7]

11 minutes ago, topt said:

If you go here - https://www.rd.go.th/english/37749.html

Under section 42 -

Thank you. I appreciate your quotes and the reference. Seems quite relevant.