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Uk Thailand Double Taxation Agreement


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GOOD DAY,

PLEASE HELP IN THIS HEATED DISCUSSION. I HAVE BEEN IN RECEIPT OF A NON-IMMIGRANT O FOR MANY A YEAR AND HAVE NEVER RETURNED TO THE UK ALTHOUGH BRITISH. I AM RECEIVING AN OCCUPATIONAL PENSION AND VERY SOON WILL HAVE MY GOVERNMENT RETIREMENT PENSION. THE DUAL TAXATION AGREEMENT BETWEEN THE UK AND THAILAND IS UNDERSTOOD BUT!!!!!! I AM RETIRED, NEVER WORKED WITHIN THAILAND, NEVER CONTACTED THE THAI TAX AUTHORITIES AND HOLD AN 'O' VISA NOT RESIDENCY. WHAT IS THE SITUATION WITH REGARDS "RESIDENT" IN THE EYES OF THE UK TAX LAWS AND THEIR THAILAND AGREEMENT?? WILL THE TAX AUTHORITIES HERE IN THAILAND SIGN ANYTHING TO APPEASE THE UK IN ORDER FOR THE UK TO OK ZERO RATED TAX AT SOURCE?? IF NOT, WHAT IS THE PROCEDURE FOR ME TO BE RECOGNISED BY THE THAI TAX AUTHORITIES?? THANK YOU ALL IN ADVANCE. JOHNNORT

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John,

If memory serves you are classed as 'resident' in Thailand if you reside here for more than 183 days in the Thai tax year.

In UK there are no rules - it is up to the HRMC - A P85 should certainly be sent ( form on the website.)

The Double Taxation Agreement does not cover personal pensions. You will have to pay tax in Uk I am afraid.

P

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Hi John

How long have you lived in Thailand and are you ever planning to return to the UK?

If you are planning to live out your retirement away from the UK then there could be the option of transferring your pensions into QROPS via a Hong Kong sheme, which would eliminate the tax for you as well as give you more flexible options.

There are a lot of things to consider before entering into such a scheme, so please feel free to contact me and I would be happy to go through the options with you.

Regards

Matt McGarry

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  • 10 months later...
Hi John

How long have you lived in Thailand and are you ever planning to return to the UK?

If you are planning to live out your retirement away from the UK then there could be the option of transferring your pensions into QROPS via a Hong Kong sheme, which would eliminate the tax for you as well as give you more flexible options.

There are a lot of things to consider before entering into such a scheme, so please feel free to contact me and I would be happy to go through the options with you.

Regards

Matt McGarry

This is wrong, if you are already in receipt of yor personal pensions, then it is too late for QROPS. The UK double taxation agreement with Thailand does not include pensions. So, you will have to keep paying tax at source on both personal and state pensions. Hong Kong jurisdiction has doubts over the taxation position anyway.

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