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Tax Break Bonanza: Thais to Benefit from New Foreign Income Rule

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13 minutes ago, oldcpu said:

The maximum is 20% that Canada can tax interest per the Thailand-Canada Double tax agreement.

A lot of complexity in the rest of what you wrote. But in principle, are you saying that the 25% witholding tax your country would typically place on Canadian state pensions for a non-resident should only be taxed (or withheld) at 20% because of the Canada-Thailand dual tax treaty? I wonder if that could be argued with them even without filing a Canadian income tax return by simply proving Thailand residency? (I know, in your case you need to file in any case).

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  • the excuse for introducing these new tax rules last year was primarily to tax foreign income earned by Thais - now they are exempt!!!, are they having a laugh

  • But But But........ We have spent years arguing in circles on all the countless and pointless tax threads......Now what are we going to argue about? I feel Cheated...

  • Thailand’s personal income tax system is based on residency, not nationality, as outlined in Section 41 of the Revenue Code. A tax resident—defined as anyone, Thai or foreign, residing in Thailand for

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8 minutes ago, ronnie50 said:

A lot of complexity in the rest of what you wrote. But in principle, are you saying that the 25% witholding tax your country would typically place on Canadian state pensions for a non-resident should only be taxed (or withheld) at 20% because of the Canada-Thailand dual tax treaty? I wonder if that could be argued with them even without filing a Canadian income tax return by simply proving Thailand residency? (I know, in your case you need to file in any case).

 
No. One pays tax on Canadian pensions at the Canadian determined tax rate, which could be much higher than 25%.

 

I am referring to interest from Canadian banks or Dividends from stocks. I believe that has a maximum 20% (which I plan to put to the test in the 2025 tax year).  

12 hours ago, JoePai said:

Thais are set to enjoy a tax-free advantage on foreign income

 

Why only say 'Thai' - does that mean the rest of us do have to pay ?

Yes.   Designed to protect certain Thai folk from paying money from the easy earned filthy lucre to the Thai state.

5 hours ago, Dogmatix said:

It is the job of the finance minister to determine tax policy and government should enact amendments through parliament not through ministerial emergency orders, as they plan to do, or just let the director general issue orders that are not binding on the public like they did in 2023.  

Exactly. The other curious thing about this same news story re-appearing now, again with just the bureaucrat talking and again somewhat vague, is the timing. If the government fears a coup is coming closer (if not imminent), getting this published again (yet still without a firm timeline for passage of a legal amendment), could be tactical. While many will likely agree these guys aren't great at tactics, there is a self-preservation angle to this. Namely, that getting the wealthy Thais who tend NOT to be the government's supporters, to try and stall a putsch in order to get this law changed which would be hugely financially beneficial to many of them. A coup could upend that.

9 hours ago, hotchilli said:

Of course...


Of course not.

It is for Thai tax residents. 

Hotchilli: bash first, find out the truth later, never come back and acknowledge it.

2 hours ago, oldcpu said:

Also when it comes to Canadian Capital Gains, I believe according to the Canada-Thai double tax agreement, only the country which one is a resident can tax the capital gains (with some exceptions), where in the case of stocks sold in a Canadian brokerage, only Thailand can tax such.  ( ie ... Article 13, Paragraph 5 of the "Convention Between Canada and the Kingdom of Thailand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income" (the Canada-Thailand Double Taxation Agreement or DTA), ). 

 

Again, i have not yet put that to the test, but likely i will in tax year 2025 (when I file my Canadian tax return in 2026).  Again, the Canadian sourced capital gains from stocks is calculated and then deducted in a specific place in the tax form.

 

 

Referencing the Canada-Thai DTA:

 

Article 13(4)(a) applies only to shares deriving >50% of their value from Canadian immovable property (e.g., real estate corporations). Most stocks sold do not meet this criteria, so Article 13(4)(a) does not apply.

 

Article 13(5) states:  "Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3, and 4 above, shall be taxable only in the Contracting State of which the alienator is a resident."

   

So if stocks are not covered by 13(4)(a), then Article 13(5) in the Canada-Thai DTA  assigns taxation exclusively to Thailand (if that is one's country of tax residence) for Capital Gains.  

 

Hence these recent possibilities re: Thailand taxation on foreign income for those with Canadian capital gains from stocks held by  Canadian financial institutions/brokerages could be very relevant to some long-in-the-tooth Thailand tax residents from Canada.    This capital gains aspects in the Canada-Thai DTA also is true, for some LTR visa holder's (from Canada with Canadian capital gains on stocks) who are exempt Thailand tax on foreign investments .

 

i should qualify this by also noting the Thai-Canada DTA has a clause (article XIII(6)) that Canada can still tax capital gains (earned on Canadian investments via Canadian brokerage) if one was a Canadian tax resident at any time in the preceding 6 years. 

 

This Canada-Thai DTA, I believe, is to stop people rushing to Thailand and selling their stocks in Canada, thinking it will be tax free. In fact nominally, when one departs Canada (to become a non-tax resident to Canada) one is supposed to make a 'on paper' disposition of the value of their stocks, where presumably if that amount is in profit from the original purchase price of the stock, then that portion of any profit is taxable by Canada.

 

Honestly?  for me?  This gets very complicated, where 'one shoe' does not fit all in regards to Double Tax Agreements.

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8 hours ago, ukrules said:

 

I'm sure they considered it but figured they knew best, after all they won an election and are now masters of the universe 🤣🙄

 

So it backfired in the exact same way similar things always backfire.

 

Just one example - the UK raises Capital Gains Taxes by massively reducing allowances yet somehow they end up with far less money being paid in tax.

Well duh, people sell in advance and will hold those assets forever. The exact same pattern plays out all over the world, always has.

This time is no different, they're failing to account for the fact that people will control their own money and investments and do anything they can to avoid additional tax - so people are leaving it offshore. Simple really. There's a name for this - it's known as the 'Laffer Curve'

 

The latest foot-shooting by the lamentable Chancellor of the inept UK government involves her brilliant idea to tax private school fees at 20%, effective from 1 January 2025. It appears a lot of the wealthier parents simply paid the fees in full last December BEFORE the tax deadline, leaving the Treasury a bit short.

5 hours ago, josephbloggs said:


Of course not.

It is for Thai tax residents. 

Hotchilli: bash first, find out the truth later, never come back and acknowledge it.

So Thais working overseas are allowed to send money back home tax free.. that's okay

Ex-pats who live here and have a pension transferred get taxed... (double tax) in some situations triple taxed....not okay

lets have a level playing field.

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17 minutes ago, hotchilli said:

So Thais working overseas are allowed to send money back home tax free.. that's okay

Ex-pats who live here and have a pension transferred get taxed... (double tax) in some situations triple taxed....not okay

lets have a level playing field.

 

  The term "Thai tax residents" includes expats who live here 180 days or more per year and have a pension transferred.

 

  It's been mentioned numerous times in this thread already but the Thai tax code applies to all Thai tax residents equally, regardless of nationality, gender, race, creed, or AN membership.

On 8/5/2025 at 9:03 AM, NorthernRyland said:

You must have been living under a rock, you're Farang so of course you need to pay.

How much tax have you paid so far?

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14 hours ago, ikke1959 said:

How many common Thais have foreign based incomes?? so who is in fact benefitting from it??  Probably the rich and wealthy again.

Not only the rich. There are probably hundreds of thousands of Thais living abroad , and all the workers in UAE , etc.

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9 hours ago, hotchilli said:

So Thais working overseas are allowed to send money back home tax free.. that's okay

Ex-pats who live here and have a pension transferred get taxed... (double tax) in some situations triple taxed....not okay

lets have a level playing field.


It is level. You are a Thai tax resident if you live here more than 180 days in a year. It doesn't mean you have to be Thai.

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1 hour ago, geisha said:

Not only the rich. There are probably hundreds of thousands of Thais living abroad , and all the workers in UAE , etc.

As wrote before... Thai working in other countries are paying taxes there....... and if they only stay in Thailand less than 180 they don't need to pay tax here about that money....Tax offices works in other countries much better than here in Thailand, where the Revenue Department has no clue who is doing what where and how much they earn..

1 hour ago, josephbloggs said:


It is level. You are a Thai tax resident if you live here more than 180 days in a year. It doesn't mean you have to be Thai.

How is it level?

A Thai working overseas declares or pays tax at source in the host country.

Then transfers it to Thailand tax free

.

A UK expat payed tax at source before contributing to the pension fund.

That can be taxed again in the UK upon payment depending on savings and time in the UK per year.

And now Thailand wants to tax that again

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11 minutes ago, hotchilli said:

How is it level?

A Thai working overseas declares or pays tax at source in the host country.

Then transfers it to Thailand tax free

 


Correct, as does a foreigner earning overseas and sending money to Thailand, it is tax free if they are not a tax resident of Thailand, just as the Thai person isn't a tax resident of Thailand. The same.

 

Quote

A UK expat payed tax at source before contributing to the pension fund.

That can be taxed again in the UK upon payment depending on savings and time in the UK per year.

 


That's another issue if the UK is double taxing you, I don't have a state pension so no idea how it works. But that would be a 100% UK issue, not a Thai issue.

 

Quote

And now Thailand wants to tax that again


Ok, one of us is being rather dense here. I thought the whole point of the article was that they are not going to tax that again, for anyone. Why do you understand the complete opposite? (Unless it is me being dense)

Thai tax residents (Thai or foreigner) will now not be taxed on money they bring in that was earned in the same year.

So not taxing. 

Level.

The same.

15 hours ago, hotchilli said:

Ex-pats who live here and have a pension transferred get taxed... (double tax) in some situations triple taxed..

I understand the likelihood of getting taxed on a foreign pension transfered here because it's seen as a remittance under the current system. And I can understand it might be taxed twice if the source country deducts tax already there. What would be a scenario of triple taxed?

47 minutes ago, Conno said:

It's not you being dense mate. I see this all the time, both on here and in the real world and I think it has something to do with forming opinions on headlines then reacting. Maybe this is why TikTok is popular and book reading isn't. Something to do with the technological convenience age we live in? Information overload? Can't waste time reading the intricate details, I'm missing the next headline. It's ether this or people just get off complaining :-) 

Great post - can be applied to most of the cr*p posted on here :thumbsup:

58 minutes ago, Conno said:

It's not you being dense mate. I see this all the time, both on here and in the real world and I think it has something to do with forming opinions on headlines then reacting. Maybe this is why TikTok is popular and book reading isn't. Something to do with the technological convenience age we live in? Information overload? Can't waste time reading the intricate details, I'm missing the next headline. It's ether this or people just get off complaining 🙂 


Thank you. And yes, I agree. So many times people - and it usually the same group of posters who have an automatic dislike of anything Thai and they LOVE to feel aggrieved - post negative nonsense based only on a headline as they can't be bothered to read and digest the article.

I really was doubting myself for a moment as he is stating (three times at least) exactly the opposite of what the article says.

It's "bash and run" and on to the next one.

20 minutes ago, josephbloggs said:


Thank you. And yes, I agree. So many times people - and it usually the same group of posters who have an automatic dislike of anything Thai and they LOVE to feel aggrieved - post negative nonsense based only on a headline as they can't be bothered to read and digest the article.

I really was doubting myself for a moment as he is stating (three times at least) exactly the opposite of what the article says.

It's "bash and run" and on to the next one.

Yip if it is repeated enough we all start questioning ourselves, this is where your critical thinking skills come in handy. Is it any wonder Covid turned out the way it did. 

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8 hours ago, FritsSikkink said:

How much tax have you paid so far?

I was just joking of course. Since day one I've been telling all the people worried about tax to do nothing until approached by the authorities. Don't go to your local tax office, don't leave the country, don't pay for lawyers to advise you or do research. Do literally nothing.

9 hours ago, Airalee said:

Triple taxed?  Nonsense.

 

It must come from a really awful country because any country worth a damn already has a DTA with Thailand.  (List linked below)

The UK does not have a DTA with Thailand. My pension from date of calculation is frozen.

And in certain circumstances can be triple taxed.

9 hours ago, ronnie50 said:

I understand the likelihood of getting taxed on a foreign pension transfered here because it's seen as a remittance under the current system. And I can understand it might be taxed twice if the source country deducts tax already there. What would be a scenario of triple taxed?

Your initial gross salary is taxed.

Pensions can be taxed up on payment if you are over the UK savings threshold.

Pension taxed on entry to Thailand

On 8/5/2025 at 2:32 PM, ukrules said:

Yep - it's pretty much word for word just a reprint of the old article.

 

So I wonder if it is the new PM reiterating that this will still happen, because a lot's changed since they first printed an almost identical article just a couple of months ago, also in the Bangkok Post.

Yeah, the only new thing was the adding of the crypto bit and lasting for a 5-year period only but the rest seems to still be under discussion and they end up having to start all over if a different goverment is in place.   But at least IMHO most expats are much more aware of the possible taxation plans than previously.

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14 hours ago, hotchilli said:

A UK expat payed tax at source before contributing to the pension fund.

That can be taxed again in the UK upon payment depending on savings and time in the UK per year.

And now Thailand wants to tax that again

 

Read the proposed legislation again.  Foreign income, regardless of source (salary, pension, dividends, interest, lottery) will NOT be taxed when remitted, at least as proposed thru 2029.

 

Pensions, if assessable, are taxed as ordinary income, being included in the big pot known as "derived from employment."  If taxable, you fill in  Section 40 (1) : Salary, wage, pension, etc. on the tax return.

 

Thailand wants foreign source income brought in NOW to simulate the economy, and are passing up limited tax collections in order to achieve that goal.

 

NOTE:

 

TRD website now has 2024 e-file forms in English. 

https://www.rd.go.th/english/67692.html

 

2024 return does not have the year printed at the top.  There is still no provision for deduction of foreign tax credits.

10 hours ago, NorthernRyland said:

I was just joking of course. Since day one I've been telling all the people worried about tax to do nothing until approached by the authorities. Don't go to your local tax office, don't leave the country, don't pay for lawyers to advise you or do research. Do literally nothing.

 

... in thailand, too many foreigners don't follow the existing (tax) laws and regulations, but we should remember that we are only guests here ...

 

if immigrants or foreign tax residents in your own home country found ways to avoid paying taxes or ignored the laws, most people (including you?)  wouldn’t accept it. so why should it be different when foreigners do the same here in thailand? don’t use excuses like “you can’t compare the two” ...  laws should be respected, especially when you're a guest in someone else's country ... 

 

i know many foreigners believe they can do whatever they want in thailand and ignore the rules, law and regulations, just like some locals do. what’s interesting is that these same foreigners often think they’re smarter and better than the locals, but behave the same because it seems they are not smarter or better than locals ... 

 

 

 

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34 minutes ago, motdaeng said:

... in thailand, too many foreigners don't follow the existing (tax) laws and regulations, but we should remember that we are only guests here ...

 

34 minutes ago, motdaeng said:

i know many foreigners believe they can do whatever they want in thailand and ignore the rules, law and regulations, just like some locals do.

 

In the Thailand I live in, apparently not the same as yours, most locals don't follow the ever flip-flopping unenforced (tax) laws and regulations.

 

"When in Rome do as the Romans do".

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2 hours ago, NoDisplayName said:

 

Read the proposed legislation again.  Foreign income, regardless of source (salary, pension, dividends, interest, lottery) will NOT be taxed when remitted, at least as proposed thru 2029.

 

Pensions, if assessable, are taxed as ordinary income, being included in the big pot known as "derived from employment."  If taxable, you fill in  Section 40 (1) : Salary, wage, pension, etc. on the tax return.

 

Thailand wants foreign source income brought in NOW to simulate the economy, and are passing up limited tax collections in order to achieve that goal.

 

NOTE:

 

TRD website now has 2024 e-file forms in English. 

https://www.rd.go.th/english/67692.html

 

2024 return does not have the year printed at the top.  There is still no provision for deduction of foreign tax credits.

Actually, the 2029 mention was about the crypto bit, not all the rest of free taxes on income.  Anyway, until the final bill is out in the Gazette, none of us knows what it will say nor how it will affect expats...or maybe even then depending on who writes it up/translates it IMHO

3 hours ago, motdaeng said:

don’t use excuses like “you can’t compare the two”

 

you can't compare the two. TIT.

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