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State Pensions, Australia & Others


swissie

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me too. I have not been back 'home' for 5 years now. My excuse is that I am in self imposed exile until the current government resigns or gets elected out of office, whichever is sooner.

I am being honest when I say that it plays on my mind from time to time. Getting a tap on the shoulder by a man in a suit at Australian Immigration the next time I fly in.

What's the first thing they ask you, if and when they stop you. 'How long have you been out of the country?'

I hope the other bloke is right too. But I don't think so somehow.

I think I did my bit for Oz, so can you please just leave me alone. I am not a rich man, I am not working or earning money in the LOS, and I do still pay tax on my pension anyway.

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Here is the residency rule from the ATO

http://www.ato.gov.au/individuals/content.aspx?doc=/content/63623.htm

To me, it's pretty straight forward. If you live in Thailand full time, you're

a non-resident.

Maybe ripstanley or the ATO officer got confused regarding this.

Again, straight from the ATO. Bottom line, you have to be currently

employed in a govt dep,to be classed as an active member to be classed as a resident

for taxation purposes.

I think we're all screwed!

Commonwealth government superannuation fund membership

Active members of some Commonwealth government superannuation funds and their spouses are always Australian residents for tax purposes.

If you are not currently employed in a Commonwealth department (for example - Treasury, Centrelink) or statutory body (for example - CSIRO, ABC), you are not an active member of one of these funds.

Yes No Are you or your spouse:

Note:
These superannuation schemes cover only Australian Public Service (APS) employees and, the employees and office holders of some Commonwealth statutory bodies.

If you or your spouse are:

  • not currently employed by one of these bodies, answer No to this question.
  • currently employed by one of these bodies, check the superannuation fund you or your spouse are in before answering this question.
Edited by Will27
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me too. I have not been back 'home' for 5 years now. My excuse is that I am in self imposed exile until the current government resigns or gets elected out of office, whichever is sooner.

I am being honest when I say that it plays on my mind from time to time. Getting a tap on the shoulder by a man in a suit at Australian Immigration the next time I fly in.

What's the first thing they ask you, if and when they stop you. 'How long have you been out of the country?'

I hope the other bloke is right too. But I don't think so somehow.

I think I did my bit for Oz, so can you please just leave me alone. I am not a rich man, I am not working or earning money in the LOS, and I do still pay tax on my pension anyway.

Have you booked your plane ticket home for September????? do it early, as i reckon there will be a lot of Aussies returning home to votethumbsup.gif

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me too. I have not been back 'home' for 5 years now. My excuse is that I am in self imposed exile until the current government resigns or gets elected out of office, whichever is sooner.

I am being honest when I say that it plays on my mind from time to time. Getting a tap on the shoulder by a man in a suit at Australian Immigration the next time I fly in.

What's the first thing they ask you, if and when they stop you. 'How long have you been out of the country?'

I hope the other bloke is right too. But I don't think so somehow.

I think I did my bit for Oz, so can you please just leave me alone. I am not a rich man, I am not working or earning money in the LOS, and I do still pay tax on my pension anyway.

I don't pretend to know how the ATO think given that residency depends on a few things, and not just location (eg things like links to Australia etc). Nevertheless physical residence is one of the considerations when looking at tax residency, and immigration certainly keep records of passenger movements and they can go back more than a decade (these are freely available from immigration if you ask for one).

The issue is that if you get audited, then that is one of the first things they'll look at.

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me too. I have not been back 'home' for 5 years now. My excuse is that I am in self imposed exile until the current government resigns or gets elected out of office, whichever is sooner.

I am being honest when I say that it plays on my mind from time to time. Getting a tap on the shoulder by a man in a suit at Australian Immigration the next time I fly in.

What's the first thing they ask you, if and when they stop you. 'How long have you been out of the country?'

I hope the other bloke is right too. But I don't think so somehow.

I think I did my bit for Oz, so can you please just leave me alone. I am not a rich man, I am not working or earning money in the LOS, and I do still pay tax on my pension anyway.

Have you booked your plane ticket home for September????? do it early, as i reckon there will be a lot of Aussies returning home to votethumbsup.gif

you can save yourself a few bucks wegee and vote at the embassy....

Edited by samran
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I've been trying to keep abreast of the Political actions happening back in Australia with this post I started.

australian-election-announced-1-day-later-craig-thompson-is-arrested over in the Pub Forum.

I'm trying to present a balanced viewpoint ... but just that most of the bad news is centering around the government.

.

David48, I think Gillard and Abbott are both duds.

IMO, Malcolm Turnbull should be next PM. But that is

better suited to your post.

Will27

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hehehe Bar Talk. If there was ever a place to get the wrong advice it would be an Ex Pat Bar in Thailand. Blokes have been off the plane for 24 Hrs and think they know all the answers.

Having joined the military at 15, I have been on a Pension since I turned 35. Although the practise of paying Pensions to 20 Year Military Veterans ceased in the early nineties and no longer exists in the Australian Military today. IMHO it was the worst thing our government/s ever did. But this is another story.

However. There may be some element of truth in what you heard in the bar when it comes to Australian Taxation Laws.

If you intend to live outside of Australia permanently. I.E. Leaving no fixed address in Australia and declaring yourself a 'Non Resident For Taxation Purposes' AND if your Pension is being paid by an Australian Institution into an Australian Bank (which by law has to be paid this way) then the ATO will tax you from the first dollar you earn at the nominal rate! That's is, you will not receive the now $18,000 Dollar Tax Free Threshold. This can add up to a fair amount of money lost in Tax and cuts into your pension big time! Even if you claim it back at the end of the Tax Year. I have actually spoken to a high powered public servant in the Taxation Department about all this.

Department of Veteran Affairs (DVA) Pensions are also paid at the same rate to Vets living overseas, and receive all the rises and adjustments.

But the fair dinkum answer is NO. They do not deduct anything from your Australian Pension based on geographical location. You also get the same increases etc., as if you lived in Aust.

As for Dole/Welfare (different kettle of fish) there have been some changes there. if you are on a Centrelink Disability Pension you can now only spend 6 weeks at a time out of the country before they stop paying you. But this only affects the bludgers.

Hope this clears things up a bit.

I live permanently in Thailand. I receive a government superannuation pension. I contacted the the Taxation department and spoke to an officer in their superannuation department. I was advised that as I am a recipient of a government superannuation pension that I would always be a resident of Australia for taxation purposes. As such I get the Taxation Free Threshold. Only downside is I have to pay the medicare levy. When I fill out my taxation return I tick resident and give my Thailand address.

I hope you're right, but I've got a feeling you are wrong.

Australians tax system is based on self assessment so you're being assessed as a resident

because that is what you've ticked.

Unless you have something in writing from the ATO such as a ruling, you could be in for a rude shock.

If you're audited and the ATO claim you to be a non-resident for taxation purposes, which I think you are,

you will be taxed at 32.5% with no threshold.

That is a huge chunk of change and personally I don't think it's fair.

Regards

Will

What I received from the ATO was an Oral Ruling.

http://law.ato.gov.au/atolaw/view.htm?docid=PSR/PS20083/NAT/ATO/00001#P147

Oral rulings under Division 360

145. An oral ruling is a form of legally binding advice that the ATO can provide in response to a taxpayer's oral application. If a taxpayer

relies on an oral ruling the Commissioner is bound to assess the taxpayer's liability in accordance with the oral ruling that is given and applies to them.

146. However, if the oral ruling is incorrect and disadvantages the taxpayer, then the law may be applied in a way that is more favourable for the taxpayer, provided the Commissioner is not prevented from doing so by a time limit imposed by the law

An oral ruling can only be given to a individual and not a business and what they consider a non complicated decision. I applied for mine early in 2012

When I submit my Taxation return I give my Thailand address.

Oral rulings under Division 360

145. An oral ruling is a form of legally binding advice that the ATO can provide in response to a taxpayer's oral application. If a taxpayer

Edit The above line was missing when I added the reply

Edited by ripstanley
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I was already aware of this, Non resident for Tax Purposes thing that is why I rang the ATO.

Ok, my story. In 2004 I rang the ATO. it was first thing on a Monday morning and I said to the person on the other end of the phone, that I had an easy question for them to kick off the week. As it turned out it was not so easy after all. After being put on hold numerous times where no one could give me a specific answer the Departmental Boss finally got on the phone. It was a female and she told me what I said above. That if I failed to keep a permanent residential address in Australia and if I did not return to Aust at least once every two years or so I could be deemed as being a Non resident for Tax Purposes and have the full nominal rate of tax taken from my pension from the first dollar earnt. I.E. No Tax Free Threshold. The bit about returning to Oz every two years she said was 'off the record', but to take it as advice. I left it at that. I don't say that you are wrong, considering the problem the ATO had answering my 'simple' question in the first place, and maybe the rules have changed some time in the past 10 years, but what I am telling you is gospel.

A few years later, one fine day, I went to my CBA online account (Netbank) and saw a debit of a fairly decent sum which was nominated as 'Withholding Tax'. When I immediately rang the CBA they told me that THEY, THEM, the Bank had off their own bat deemed me to be a Non Resident for Taxation Purposes! Hence with withholding Tax. I fairly blew up and challenged their right to change my Status as an Australian National. I was incensed! You're a bloody bank for christs sake not a Government Agency. How dare you! They reinstated my status and paid the money back into my account immediately.

So there you have it. Maybe someone might try formally asking the ATO again.

Wow, haven't heard of a bank making that decision before. Is that a supposed requirement for them under law?

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Let's be clear here - are we talking Superannuation or the Australian Aged Pension ? The latter is taxpayer-funded, and was never intended to finance overseas holidays (of whatever duration) -very different to the British 'pension fund' each worker pays into for the duration of their working lives.

The aim of the Australian age pension is to provide an adequate safety net payment to older people unable to support themselves financially in their retirement. Its primary objective is thus the alleviation of poverty. If people can stretch their money further, and enjoy a better standard of living, in an Asian country then why shouldn't they be allowed to. The aged folk in question were/are generally tax-payers themselves and how or where they spend should be up to them to determine. The ongoing cutbacks to the amount of time the government allows people to spend overseas is motivated by popularism and not economic analysis.

Rather than banging on at length about this issue here, anyone who would like to read more about it then please have a look here

Edited by chiangmaibruce
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Correct me if I am wrong but aged pensions are non taxable aren't they, Additionally they don't come under any special rules or restrictions when it comes to living outside of Australia. As far as I know.

So this is not an issue here. Although I do agree with what you say about aged pensions. That's why people work and pay taxes all of their lives.

My 'Pension', for having done 20+ years in the military is really not a 'pension' as it is commonly referred to, it is actually 'Superannuation', it is not a gift from the Taxpayer, we bought and paid for our super, and we paid tax three times on it over the course of its life, and it remains taxable income until the day I die (as far as I know).

So because it is considered to be Taxable Income we have this anomaly of Residency and Non residency for Taxation purposes. Which is merely a bloody minded blatant rip off by my government.

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My Australian friend living in Thailand is a retired tax accountant. In his opinion unless he deliberately rattles the ATO cage they will always assume he is a resident for tax purposes. He bases this on fact that the legislation everyone is so keen to quote here is designed for people who are trying to avoid Australian tax by claiming they are not residents of Australia in a given tax year, not to catch people who are not resident but are claiming to be so. He thinks the ATO will act only if Centrelink who administer pensions decide to make an issue of a pensioner who is claiming onshore benefits eg. Utility allowance but in fact is living offshore, and even then the likelihood the ATO will act is very low.

A mutual friend who lived in Australia most of his life until he retired and gets the full government pension happens to have a New Zealand passport as well, so he just enters and leaves Australia on his periodic visits there on his NZ passport while his Australian passport records show he is still in Australia.

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Correct me if I am wrong but aged pensions are non taxable aren't they, Additionally they don't come under any special rules or restrictions when it comes to living outside of Australia. As far as I know.

So this is not an issue here. Although I do agree with what you say about aged pensions. That's why people work and pay taxes all of their lives.

My 'Pension', for having done 20+ years in the military is really not a 'pension' as it is commonly referred to, it is actually 'Superannuation', it is not a gift from the Taxpayer, we bought and paid for our super, and we paid tax three times on it over the course of its life, and it remains taxable income until the day I die (as far as I know).

So because it is considered to be Taxable Income we have this anomaly of Residency and Non residency for Taxation purposes. Which is merely a bloody minded blatant rip off by my government.

Government pensions and personal superannuation are totally different.

A common misconception is that you pay taxes during your working life to fund your future old age pension. You don't.

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Let's be clear here - are we talking Superannuation or the Australian Aged Pension ? The latter is taxpayer-funded, and was never intended to finance overseas holidays (of whatever duration) -very different to the British 'pension fund' each worker pays into for the duration of their working lives.

The aim of the Australian age pension is to provide an adequate safety net payment to older people unable to support themselves financially in their retirement. Its primary objective is thus the alleviation of poverty. If people can stretch their money further, and enjoy a better standard of living, in an Asian country then why shouldn't they be allowed to. The aged folk in question were/are generally tax-payers themselves and how or where they spend should be up to them to determine. The ongoing cutbacks to the amount of time the government allows people to spend overseas is motivated by popularism and not economic analysis.

Rather than banging on at length about this issue here, anyone who would like to read more about it then please have a look here

Changmaibrice, not sure if your link was meant to go anywhere, but it just goes back to your comment here

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OMG you still don't get it do you.

Look up Defence Force Retirement Death Benefits, DFRDB, which was compulsory for all Defence Members to pay into fortnightly and which ceased to exist in the early 90's when it was replaced by new system called MSBS.

DFRDB recipients (me) have a fight going on with the government as we speak. Only the news generally refers to it as Military Superannuation

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My Australian friend living in Thailand is a retired tax accountant. In his opinion unless he deliberately rattles the ATO cage they will always assume he is a resident for tax purposes. He bases this on fact that the legislation everyone is so keen to quote here is designed for people who are trying to avoid Australian tax by claiming they are not residents of Australia in a given tax year, not to catch people who are not resident but are claiming to be so. He thinks the ATO will act only if Centrelink who administer pensions decide to make an issue of a pensioner who is claiming onshore benefits eg. Utility allowance but in fact is living offshore, and even then the likelihood the ATO will act is very low.

A mutual friend who lived in Australia most of his life until he retired and gets the full government pension happens to have a New Zealand passport as well, so he just enters and leaves Australia on his periodic visits there on his NZ passport while his Australian passport records show he is still in Australia.

My Australian friend living in Thailand is a retired tax accountant. In his opinion unless he deliberately rattles the ATO cage they will always assume he is a resident for tax purposes. He bases this on fact that the legislation everyone is so keen to quote here is designed for people who are trying to avoid Australian tax by claiming they are not residents of Australia in a given tax year, not to catch people who are not resident but are claiming to be so. He thinks the ATO will act only if Centrelink who administer pensions decide to make an issue of a pensioner who is claiming onshore benefits eg. Utility allowance but in fact is living offshore, and even then the likelihood the ATO will act is very low.

A mutual friend who lived in Australia most of his life until he retired and gets the full government pension happens to have a New Zealand passport as well, so he just enters and leaves Australia on his periodic visits there on his NZ passport while his Australian passport records show he is still in Australia.

Immigration records match up by name and date of birth, not nationality. Your friends movements will all appear together regardless of which PP is used,

Surprisingly the Dept is aware people can have several different PPs,

Edited by Old Croc
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Oh, I forgot to mention, then there is the Department Of Veterans Affairs. The DVA pay Pensions for disabilities incurred whilst serving in the military, these are actually Pensions in the true sense of the word. The DVA is its own entity and Government Department. It's fortnightly payments are non taxable and are not even required to be declared in any tax returns by submitted by the recipient.

These too are unaffected by living overseas.

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What is my pension likely to be in 18 years time? Will it cover a cappuccino, a six pack and a bit of slap and tickle?

In 18 years you'll be on hot chocolate. Six packs and slap and tickles will be long gone!laugh.png

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My Australian friend living in Thailand is a retired tax accountant. In his opinion unless he deliberately rattles the ATO cage they will always assume he is a resident for tax purposes. He bases this on fact that the legislation everyone is so keen to quote here is designed for people who are trying to avoid Australian tax by claiming they are not residents of Australia in a given tax year, not to catch people who are not resident but are claiming to be so. He thinks the ATO will act only if Centrelink who administer pensions decide to make an issue of a pensioner who is claiming onshore benefits eg. Utility allowance but in fact is living offshore, and even then the likelihood the ATO will act is very low.

A mutual friend who lived in Australia most of his life until he retired and gets the full government pension happens to have a New Zealand passport as well, so he just enters and leaves Australia on his periodic visits there on his NZ passport while his Australian passport records show he is still in Australia.

My Australian friend living in Thailand is a retired tax accountant. In his opinion unless he deliberately rattles the ATO cage they will always assume he is a resident for tax purposes. He bases this on fact that the legislation everyone is so keen to quote here is designed for people who are trying to avoid Australian tax by claiming they are not residents of Australia in a given tax year, not to catch people who are not resident but are claiming to be so. He thinks the ATO will act only if Centrelink who administer pensions decide to make an issue of a pensioner who is claiming onshore benefits eg. Utility allowance but in fact is living offshore, and even then the likelihood the ATO will act is very low.

A mutual friend who lived in Australia most of his life until he retired and gets the full government pension happens to have a New Zealand passport as well, so he just enters and leaves Australia on his periodic visits there on his NZ passport while his Australian passport records show he is still in Australia.

Immigration records match up by name and date of birth, not nationality. Your friends movements will all appear together regardless of which PP is used,

Surprisingly the Dept is aware people can have several different PPs,

Moreover, Australia and New Zealand have special social security agreements unique to the two countries given the close economic and social relationship the two countries share. So you can't compare that to Thailand.

In addition, I'm not entirely sure how your mate manages to enter Australia on a NZ passport if he is also an australian citizen. Even though kiwis can enter and leave Australia for the most part freely, they are still technically issued visas on entry, and Australia doesn't / can't issue visas to people who are australian citizens, given that they technically put restrictions on the visa holder. And a country can't place restrictions on the entry of its own citizens.

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OMG you still don't get it do you.

Look up Defence Force Retirement Death Benefits, DFRDB, which was compulsory for all Defence Members to pay into fortnightly and which ceased to exist in the early 90's when it was replaced by new system called MSBS.

DFRDB recipients (me) have a fight going on with the government as we speak. Only the news generally refers to it as Military Superannuation

1. I will receive the balance of my Military Super as a lump sum in April, 2014 on my 55th birthday on the basis that I am retiring from the Australian workforce.

http://www.militarysuper.gov.au/your-future/withdraw-your-benefit/resignation-and-redundancy/

2. I will also be entitled to the Superannuation I have accrued as a civilian, albeit subject to further tax if I take it as a lump sum prior to the age of 60. In any case, that's my choice.

http://www.industryfunds.com.au/faqs_employees.aspx

3. The Federal Government has increased the age at which we qualify for the Aged Pension - for me, I believe it would be 67. I guarantee you that I will never apply for said pension.

http://www.humanservices.gov.au/customer/services/centrelink/age-pension

Apologies to anyone who has to rely on the aged pension to get by - I simply don't believe it will still be an option 10-12 years from now, and I don't plan to be here either way. Ken Henry and others are calling for the preservation age to be raised further, and I'm glad I'll be long gone before the excrement hits the fan.

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My Australian friend living in Thailand is a retired tax accountant. In his opinion unless he deliberately rattles the ATO cage they will always assume he is a resident for tax purposes. He bases this on fact that the legislation everyone is so keen to quote here is designed for people who are trying to avoid Australian tax by claiming they are not residents of Australia in a given tax year, not to catch people who are not resident but are claiming to be so. He thinks the ATO will act only if Centrelink who administer pensions decide to make an issue of a pensioner who is claiming onshore benefits eg. Utility allowance but in fact is living offshore, and even then the likelihood the ATO will act is very low.

A mutual friend who lived in Australia most of his life until he retired and gets the full government pension happens to have a New Zealand passport as well, so he just enters and leaves Australia on his periodic visits there on his NZ passport while his Australian passport records show he is still in Australia.

My Australian friend living in Thailand is a retired tax accountant. In his opinion unless he deliberately rattles the ATO cage they will always assume he is a resident for tax purposes. He bases this on fact that the legislation everyone is so keen to quote here is designed for people who are trying to avoid Australian tax by claiming they are not residents of Australia in a given tax year, not to catch people who are not resident but are claiming to be so. He thinks the ATO will act only if Centrelink who administer pensions decide to make an issue of a pensioner who is claiming onshore benefits eg. Utility allowance but in fact is living offshore, and even then the likelihood the ATO will act is very low.

A mutual friend who lived in Australia most of his life until he retired and gets the full government pension happens to have a New Zealand passport as well, so he just enters and leaves Australia on his periodic visits there on his NZ passport while his Australian passport records show he is still in Australia.

ockquote>Immigration records match up by name and date of birth, not nationality. Your friends movements will all appear together regardless of which PP is used,

Surprisingly the Dept is aware people can have several different PPs,

Moreover, Australia and New Zealand have special social security agreements unique to the two countries given the close economic and social relationship the two countries share. So you can't compare that to Thailand.

In addition, I'm not entirely sure how your mate manages to enter Australia on a NZ passport if he is also an australian citizen. Even though kiwis can enter and leave Australia for the most part freely, they are still technically issued visas on entry, and Australia doesn't / can't issue visas to people who are australian citizens, given that they technically put restrictions on the visa holder. And a country can't place restrictions on the entry of its own citizens.

I have both NZ & Oz passports. Sometimes enter/depart Oz on my NZ passport, no questions, no issues

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If a person is getting paid by the Department of Veteran Affairs (DVA)

Totally and Permanently Incapacitated (TPI) rate currently $1238.20 tax free, he or she also gets a Service Pension (SP)rate currently $808.40 for a single person and $609.40 each for a couple. Thats not a bad cop if you are living in Australia. You are not Taxed on your TPI or SP.

Now lets look at this:-

TPI $ 1238.20

SP $ 609.40

SP $ 609.40

Total $2457.00 a fortnight.

Now if you are a TPI and you are legally married to a Thai who has Permanent Residency status, your partner can also claim a Carer Allowance, thats another $115.00 a fortnight.

That's a total of $2572.00 a fortnight, $5144.00 a month.

Now in case you did not know, a Carer is entitled to a maximum of two persons he or she can care for. So if they are also caring for say you elderly mother, you can whack another $115.00 a fortnight on the above figure and a month it would be a total of $5374.00 a Month between you.

If you and your Carer travel to Thailand for a period longer than 6 weeks, the Carer on departure will lose the Allowance for the mother immediately and after 6 weeks the Carer will lose the second Allowance. On your return the Carer can apply for both Allowances again and they are paid from the Application date once approved.

The TPI and the SP pensions do not cease when you leave the country.

A TPI gets free travel in say New South Wales on Bus, Ferry and Rail.

A Carer pays $2.50 a day and gets to travel all day on any of the above multiple times.

A TPI gets free Rego on the car or bike, free Drivers Licence and a lot of other perks for free or reduced prices.

A TPI can purchase a Motor Car or Bike GST Exempt and can get a new one every 2 yrs of 40,000 Klm.

As far as living in Thailand or most any other country a TPI can do it easily.

Mind you a TPI fought for the freedom of his/her country and suffers these War caused disabilities not through their own fault , they deserves all the freedom, lurks- perks and cash he/she gets. They earned them.

Edited by OZEMADE
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