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Are you REALLY a tourist?! - Thai Immigration Poi Pet border Cambodia


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[quote name="hawker9000" post="8030497" timestamp="1403921486"] [quote name="notmyself" post="8030382" timestamp="1403919912"] [quote name="iainiain101" post="8030356" timestamp="1403919376"] [quote name="notmyself" post="8030338" timestamp="1403919078"] [quote name="iainiain101" post="8030258" timestamp="1403917269"] So if they can determine you not to be a tourist, not working here, not retired, but living here, then technically you are are due to be paying some tax. [/quote] You already would on things such as electricity, gasoline and internet service. Unless you specifically mean tax on income but if you have no income then tax what?
 [/quote]
Is that not there argument? You must have income to be living on.
 [/quote]
Savings.
 [/quote]
 
 
This comes up over & over & over again.  Why can't people get this?  Why the heck do you need "income" if you have SAVINGS??  Old school did that you guys - we SAVED! [/quote]

I agree but not only old school, some new school do listen to old school and saved. Then you have the ones who come from money. And the ones who made their money in their 20's or 30's.
But even for these guys/girls I think there should be a visa other than the 500k option

Send from my Galaxy S4 4G LTE


But if they have "made their money" in their 20's or 30's then 500k shouldn't be an obstacle then, unless of course they haven't "made their money" as 500k is not really a great deal of money over say a 5 year period, as one would assume someone who had "made their money" In their 20's or 30's would have easy access to a 500k lump sum
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I'd just like some indication from the serious under-50s guys as to whether or not its a woman that is keeping you in this country almost 365 days a year ? Nothing wrong with that - I just struggle to see how anyone under retirement age could be sufficiently fascinated by Thailand that they want to stay without enrolling in a course or looking for work. If its the best place in the world for diving or Thai artifacts, so be it - surely you can fit a few hours in at school to get the Ed visa ? 

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I have found that at Immigration and other government offices, something that goes a LONG way is a smile and sense of deference. They really appreciate this and it works in your favor tremendously.

Call it a "strategy" or whatever you want to call it, but it does wonders. I also speak/read Thai and try to make some friendly joke with them about the high number of tourists or some other trivial matter, something to emphasize with them, so I think that helps.

I agree with what the other posters said about entitlement, this is not a proper attitude to have and I have witnessed other foreigners behave in this way on immigration lines and it works against them.

 

You can smile all you want...but if you keep abusing the system, they will quickly turn your smile upside down.

 

 

Being right is right.  Follow the rules...  no smiles are required.

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Agreed, and you either live off the capital or income from those savings.
 
This usually works fine in your own country. But if you become resident of another country such as Thailand then you become subject to their tax laws and as far as I am aware any money brought into Thailand by residents is taxable. Hence the existance of the dual taxation agreements.

It is not all money. Basically only income from working or property rental. Income from investments, savings, pensions and etc are not taxable.

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I'd just like some indication from the serious under-50s guys as to whether or not its a woman that is keeping you in this country almost 365 days a year ? Nothing wrong with that - I just struggle to see how anyone under retirement age could be sufficiently fascinated by Thailand that they want to stay without enrolling in a course or looking for work. If its the best place in the world for diving or Thai artifacts, so be it - surely you can fit a few hours in at school to get the Ed visa ?


Some people have interests or hobbies that can be done anywhere and they prefer to do it here. One of my interests is food and I find Thailand to be a fantastic location to pursue it.
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Agreed, and you either live off the capital or income from those savings.
 
This usually works fine in your own country. But if you become resident of another country such as Thailand then you become subject to their tax laws and as far as I am aware any money brought into Thailand by residents is taxable. Hence the existance of the dual taxation agreements.

It is not all money. Basically only income from working or property rental. Income from investments, savings, pensions and etc are not taxable.

 


Do you not pay tax on interest from savings in a Thai bank?

 

That is earned here not outside Thailand which is what I was writing about.

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Is that not there argument? You must have income to be living on.
 

 


Savings.
 

 


 
 
This comes up over & over & over again.  Why can't people get this?  Why the heck do you need "income" if you have SAVINGS??  Old school did that you guys - we SAVED! 


I agree but not only old school, some new school do listen to old school and saved. Then you have the ones who come from money. And the ones who made their money in their 20's or 30's.
But even for these guys/girls I think there should be a visa other than the 500k option

Send from my Galaxy S4 4G LTE

 

 

Strongly agree.

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This is simply not true. Some of us are lucky enough to be able to afford a year long holiday. You shouldn't decide how others should live based on your own income.

 
 
Amen
 
My income is irrelevant, I don't need a VISA, and if I want money I can work when and where I like.
Worst happens, I can just go and live on my family farm (It's in my name now).
Just fed up with foreigners abusing our hospitality.
 
 
I'm curious and confused, are you speaking as a Thai or as an American?
 
Are you in Thailand?
 
Who are the foreigners?
 
Perplexed is the word I was looking for... tongue.png
 
AnotheroneAmerican I am waiting with baited breath for for response to the question above. If you are a non Thai person none of your posts make any sense.
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Pension is not taxable

 

well this is what I have read on the issue..

 

A determination of the Thai tax treatment for cross-border pension payments starts at the local law level.  Section 41 of the Thailand Revenue Code prescribes that a resident of Thailand, who earns income from a post or an office held abroad or a business carried on abroad or from property situated abroad, shall, upon bringing that income into Thailand, pay income tax in Thailand.  Section 41 defines a resident as a person who resides in Thailand for a period (or periods) that aggregates 180 days or more in the tax year (which runs from January to December).

Accordingly therefore, a foreign pensioner who is a tax resident of Thailand and living on the income from a foreign pension fund, shall, according to the local tax law, pay income tax on the amount of the pension brought into Thailand.

This local tax law requirement can however be over-ridden by a relevant provision in a Double Tax Treaty with Thailand.

 

What you posted contradicts itself. First is says " earns income from a post or an office held abroad or a business carried on abroad or from property situated abroad,"

A pension is not from any of those.

See this page on revenue department website: http://www.rd.go.th/publish/6045.0.html

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.
 
So you had a triple entry tourist visa and you left and entered Thailand 3 times previously without ever staying more than ten minutes in the border country?  That's what the officer was talking about.  He reads the stamps and the stamps don't lie.
 
If you had spent a few days or a week exploring Laos or Cambo or Myanmar or elsewhere BEING A TOURIST, I am sure you would have had no problem.
 
'nuff said
 
 
~
 


Where I say i done this? I actually spent a weekend in Malaysia on my second entry and lost two months coming back, not knowing you can get a re entry permit. There was nothing suspicious on my passport and i held the correct visa, doing no visa runs.

There's many members on here with doing only that without a visa for years

Sent from my HTC One using Thaivisa Connect Thailand mobile app

 

 

There are many more members on here who actually Do have the correct visas and take the time and trouble to keep it that way and have done for years.
 

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Pension is not taxable

 

well this is what I have read on the issue..

 

A determination of the Thai tax treatment for cross-border pension payments starts at the local law level.  Section 41 of the Thailand Revenue Code prescribes that a resident of Thailand, who earns income from a post or an office held abroad or a business carried on abroad or from property situated abroad, shall, upon bringing that income into Thailand, pay income tax in Thailand.  Section 41 defines a resident as a person who resides in Thailand for a period (or periods) that aggregates 180 days or more in the tax year (which runs from January to December).

Accordingly therefore, a foreign pensioner who is a tax resident of Thailand and living on the income from a foreign pension fund, shall, according to the local tax law, pay income tax on the amount of the pension brought into Thailand.

This local tax law requirement can however be over-ridden by a relevant provision in a Double Tax Treaty with Thailand.

 

What you posted contradicts itself. First is says " earns income from a post or an office held abroad or a business carried on abroad or from property situated abroad,"

A pension is not from any of those.

See this page on revenue department website: http://www.rd.go.th/publish/6045.0.html

 

Pensions from abroad are officially taxed in Thailand.

 

Prove it. The link I posted does not include pensions in the tax base.

Do you know anybody here that is paying taxes on their pension?

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I think it does, services rendered.
 
But no, that's why I said 'officially'. I know quite some people who transfer their pensions the year after it was received to Thailand to prevent paying taxes.

Services rendered how.

I get my pension because of taxes being taken out of my income for many years that certainly is not for services rendered.

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I think it does, services rendered.
 
But no, that's why I said 'officially'. I know quite some people who transfer their pensions the year after it was received to Thailand to prevent paying taxes.

Services rendered how.

I get my pension because of taxes being taken out of my income for many years that certainly is not for services rendered.

 

Taxes taken out of your income due to services rendered? And how about private pensions, where people save (either voluntarily or compulsory) directly from their income for their pension, so without any government interference? Again income (indirectly) attributed to service rendered previously.

 

I think you trying to create a new meaning for services rendered.

"For services rendered" is a more formal way of saying "for work done". http://wiki.answers.com/Q/What_does_service_rendered_means

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.

 

So you had a triple entry tourist visa and you left and entered Thailand 3 times previously without ever staying more than ten minutes in the border country?  That's what the officer was talking about.  He reads the stamps and the stamps don't lie.

 

If you had spent a few days or a week exploring Laos or Cambo or Myanmar or elsewhere BEING A TOURIST, I am sure you would have had no problem.

 

'nuff said

 

 

~

 

Im afraid I do not agree with you here. If Thailand offers and issues a 3 x 60day entry Tourist visa at their consulates, it is acknowledging that to stay 180 days living in Thailand without working is quite legitimate. It should be quite acceptable to go out and straight back in again on this visa without BEING A TOURIST in neighbouring countries in between entries. But what you say: (If you had spent a few days or a week exploring Laos or Cambo or Myanmar or elsewhere BEING A TOURIST, I am sure you would have had no problem) is advisable after the Triple Entry has expired to increase one's chance of legitimate re-entry as a tourist.

 

 

You don't agree because you are ignoring the intent and spirit of the tourist visa with multiple entries.  i.e to allow the touring of surrounding countries, many of which had no long-haul international flights years ago.  Some still don't.  So they are NOT acknowledging the practice of arriving and plopping your butt down in Pattaya and living there for six months.  You are supposed to be a TOURIST.

 

The out/in process has been allowed for many years but recently there are so many abusing it, the authorities are taking action.  It's their right. 

 

And you are forgetting that just because you are issued a visa of ANY kind, you can still be denied entry.

 

'nuff said

 

 

~

 

 

 

 

Most tourists to most countries do plop there butt down somewhere and stay there for the duration of their holiday. Albeit usually for a week or 2 or 3.

 

What about the spirit of O & B 1yr visas etc., when going out and in every 90 days is mandatory, and when most dont need or want to go? I've never understood this as only neighbouring countries make money out of it with their visa fees. Re-entry to Thailand is free so the Thai government makes no financial gain from this and all the inconvenience it causes. Logic, however, rarely applies in Thailand.

 

I well understand  that entry can be denied at any time for any genuine or spurious reason.

 

I come to Thailand for a legit 6 month Esaan holiday every Winter, usually with a few days at the beach at either end. I will now make sure I am carrying all hotel receipts with me on border runs and be ready with a feasible and possible itinery for the rest of my stay, should my status be queried. I suspect that if u offer a pile of paperwork to an immigration officer they will not want to be bothered with going through it or be able to read it anyway, if not in Thai.

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Sounds like everybody's assuming the OP acted like a jerk with the Immigration Officer, and that's at least part of the reason for the problem. Maybe he did, maybe he didn't; how the heck do so many people seem to know?  Because he's angry now?  Of course he's peeved about it, but can't that be BECAUSE of what happened, and not the other way around?  The facts are (as I read them) that he'd finished his tourist visa (you know, the visa everybody who's playing by the rules should be getting...) and then was in for his first 30d stamp on an out & in.

 

If the point you want to make is that out & ins are no longer to be counted upon (as vague as that sounds), then OK.  If it's that out & ins are no longer legal at all, then show us where it says that.  But all the rest about 'officer can always deny...' (yes yes yes, we know, we know, we know; we get it!  You can stop mindlessly repeating the obvious now...), that the OP was really not "acting" like a "tourist" (etc, etc, etc), that the OP picked a fight with the officer, etc., is just the usual speculation, editorializing, moralizing, life-style assessments and sanctimony that inevitably hijacks the discussion every time this topic comes up.  And why is it the traveler that's always condemned as the party with the bad attitude, and never the immigration officer involved? 

 

Are some members here so afflicted with self-loathing that it's always got to be the foreigner who's wrong and the thai official always right?  'Going to be pretty funny when those now wallowing in their smugness, feeling they've been playing by the rules", all with the proper visas, start finding themselves in some crosshairs as well.

 

Personally, I just take this as another data point.  You can be completely on the up & up and not a permanent resident or illegally working (and yes, behaving properly), and still have problems, purely as a matter of luck of the draw, with arbitrary and capricious thai immigration officers.  I've been through the lines often enough to know there are the polite courteous ones and a few dour, speechless, can't-wait-til-shift-is-over ones.  (Yes, that's probably true other places as well, but that's off-topic really.  Find <other country>visa.com and post your complaint there.)

 

 

This. Thread kind of got ruined by trolls posting about specific parts of my post and not getting the picture.

 

And several people seemed to be amazed one can stay in Thailand for 6+ months without working. Also I've read if you stay here for 6 months you're not a tourist? I've seen so many laughable

 

 

 

 

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I've missed no news I've followed it rigorously, and the immigration official is wrong, he stated I used 3 visa runs already which in fact I've used none.
The fact I've posted this is because his manner and attitude in believing in lying and im actually working. That's the point here.
Also, why would denying a entry for one day and still being allowed in the following day? also never asked for any papers or proof.
Sent from my HTC One using Thaivisa Connect Thailand mobile app


Sorry, I don't believe you're a tourist either.
Tourists go on holiday for a few weeks, return to their home countries and work a while to earn money for their next holiday.
Then they have another holiday, don't know what you are, but you ain't a tourist.

 

 

This is simply not true. Some of us are lucky enough to be able to afford a year long holiday. You shouldn't decide how others should live based on your own income.

 

 

Well, that's dynamite (for you). However, Thailand immigration wants to stop "pretend tourists" who stay "long time" and unfortunetely, the long term visitor you are describing will be mixed in with that group - unless you are really up there in age, I guess - and officials at the border will doubt the pure tourist status of a person who goes in & out all the time using back to back tourist visas.

 

It's not what others here on the forum are deciding but it's about understanding what will get you in trouble from now on and how to avid that.

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^ Agree with your post, but You forget one thing thai tourist visa are easy to get but the Usa ones (or visa waivers) are not, and if you get a tourist visa in Los its valid for 90 days (60 days plus you can get a 30 day extension)


Sent from my iPad so Please excuse any typos


I was referring to the visa waiver program and visa free entry. Available for 37 nationalities.

I said nothing about US tourist visas. Those are ten year multiple entry visas, six months per entry. About 4000 baht.

 

Thailand Tourist Visa : 3 months !

 

USA Visa Waver : 3 months

USA TouristVisa : 3 months for tourist purposes

USA Visitor Visa : 1 month - 1 year . . requires proof of either business purpose/family reunion/ medical purpose/ school or university attendance/ au pair purpose  etc.

 

what are you talking about ?  By no way the US are issueing Tourist Visa or Visa Waiver that are valid for more than 3 months stay

 

Tourist Visa / Visitor Visa must be applied for at a foreigner local US consulate or embassy. There are a truckload of requirements going along.  It cost 160 USD to apply.    10 years multiple entry, 6 months per entry ???  you must be kidding ! Please give a link to a government site that explains this.

Edited by crazygreg44
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^ Agree with your post, but You forget one thing thai tourist visa are easy to get but the Usa ones (or visa waivers) are not, and if you get a tourist visa in Los its valid for 90 days (60 days plus you can get a 30 day extension)


Sent from my iPad so Please excuse any typos


I was referring to the visa waiver program and visa free entry. Available for 37 nationalities.

I said nothing about US tourist visas. Those are ten year multiple entry visas, six months per entry. About 4000 baht.

 

Thailand Tourist Visa : 3 months !

 

USA Visa Waver : 3 months

USA TouristVisa : 3 months for tourist purposes

USA Visitor Visa : 1 month - 1 year . . requires proof of either business purpose/family reunion/ medical purpose/ school or university attendance/ au pair purpose  etc.

 

what are you talking about ?  By no way the US are issueing Tourist Visa or Visa Waiver that are valid for more than 3 months stay

 

Tourist Visa / Visitor Visa must be applied for at a foreigner local US consulate or embassy. There are a truckload of requirements going along.  It cost 160 USD to apply.    10 years multiple entry, 6 months per entry ???  you must be kidding ! Please give a link to a government site that explains this.

 

A B1 or B2 non immigrant visa can be issued for 10 years and will allow up to a 6 months stay. It is up to the officer on entry how many days are given but normally it is for 6 months.

A visa waiver is only 90 day as you said.

Permanent residency (aka green card) is valid for life as long as you don't loose it.

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^ Agree with your post, but You forget one thing thai tourist visa are easy to get but the Usa ones (or visa waivers) are not, and if you get a tourist visa in Los its valid for 90 days (60 days plus you can get a 30 day extension)


Sent from my iPad so Please excuse any typos


I was referring to the visa waiver program and visa free entry. Available for 37 nationalities.

I said nothing about US tourist visas. Those are ten year multiple entry visas, six months per entry. About 4000 baht.

 

Thailand Tourist Visa : 3 months !

 

USA Visa Waver : 3 months

USA TouristVisa : 3 months for tourist purposes

USA Visitor Visa : 1 month - 1 year . . requires proof of either business purpose/family reunion/ medical purpose/ school or university attendance/ au pair purpose  etc.

 

what are you talking about ?  By no way the US are issueing Tourist Visa or Visa Waiver that are valid for more than 3 months stay

 

Tourist Visa / Visitor Visa must be applied for at a foreigner local US consulate or embassy. There are a truckload of requirements going along.  It cost 160 USD to apply.    10 years multiple entry, 6 months per entry ???  you must be kidding ! Please give a link to a government site that explains this.

 

 

That's right.  10 yrs multiple entry, 6 months per entry.  'Have an in-law who's got one and now in the country finishing up the first entry, getting ready to return home, and planning on the 2nd entry in the fall.  An interview was involved with the embassy back home, and there was much trepidation about the process, but it didn't turn out to be quite as difficult as the family imagined.  I hear the rejection rate is high, but don't have any statistics one way or the other. 

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 You can be completely on the up & up and not a permanent resident or illegally working (and yes, behaving properly), and still have problems, re.)

 


 

 

 

 

 

 

Permanent residents are few and far in between. Most only have one year extensions for marriage/retirement on a 90 non O.  I believe they reapply every year....thus, no permanent residency.  This is in stark contrast to some other places in Asia, such as the Philippines, and I believe, Cambodia.

 

We all survive at the mercy that we can qualify each year. Thus making other options viable, if available. Perhaps some retired people are just under the income requirement, or have just temporarily reduced their bank balance due to a recent purchase (by their spouse) of a home...  or perhaps a down payment for a car. 

 

I can see where they may drop back to a few tourist visas...to get over the temporary hump of a financial drain on their bank account balance requirement/proof of income.

 

Edited by slipperylobster
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^ Agree with your post, but You forget one thing thai tourist visa are easy to get but the Usa ones (or visa waivers) are not, and if you get a tourist visa in Los its valid for 90 days (60 days plus you can get a 30 day extension)


Sent from my iPad so Please excuse any typos

I was referring to the visa waiver program and visa free entry. Available for 37 nationalities.

I said nothing about US tourist visas. Those are ten year multiple entry visas, six months per entry. About 4000 baht.
 
Thailand Tourist Visa : 3 months !
 
USA Visa Waver : 3 months
USA TouristVisa : 3 months for tourist purposes
USA Visitor Visa : 1 month - 1 year . . requires proof of either business purpose/family reunion/ medical purpose/ school or university attendance/ au pair purpose  etc.
 
what are you talking about ?  By no way the US are issueing Tourist Visa or Visa Waiver that are valid for more than 3 months stay
 
Tourist Visa / Visitor Visa must be applied for at a foreigner local US consulate or embassy. There are a truckload of requirements going along.  It cost 160 USD to apply.    10 years multiple entry, 6 months per entry ???  you must be kidding ! Please give a link to a government site that explains this.
 
A B1 or B2 non immigrant visa can be issued for 10 years and will allow up to a 6 months stay. It is up to the officer on entry how many days are given but normally it is for 6 months.
A visa waiver is only 90 day as you said.
Permanent residency (aka green card) is valid for life as long as you don't loose it.

I have a friend that wants to stay in the US for 6 months. Do you think he can re-enter if he travel to mexico or canada ? The visa waver will give him 3 months . Maybe he can travel to Mexico, take a flight to Canada and then re-enter the US border ?

Sent from my SM-P601 using Thaivisa Connect Thailand mobile app
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Back on topic, I had some Russian friends that come here every high season to holiday, get hassled last week when they came for a one week holiday and to get some medical stuff done.  They were held up at immigration for 3 hours at 1 am.  If only the idiot immigration officer would have looked at their travels, they would have seen that they have been in multiple countries and travel frequently, but for some reason the "officer" didn't want to use his (overworked) brain.

 

One of the party traveling had a new passport with no Thai entry stamps and was waved through, while the other had the past tourist visas in her passport, and she was subjected to the 3 hour interrogation.

 

 

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Prove it. The link I posted does not include pensions in the tax base.

 

 

 

 

That link is a brief summary. The actual law is here & says "pensions" are income tax "assessible income":

 

 

http://www.rd.go.th/publish/37749.0.html#section40

 

Looking and that section and the wording of the clause that mentions pension it could well be pension defined as lodging. In fact I am sure of it.

Perhaps that is why they did not use it in the info on the webpage i posted.

I am finished with this discussion since it is off topic.

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Prove it. The link I posted does not include pensions in the tax base.

 

 

 

 

That link is a brief summary. The actual law is here & says "pensions" are income tax "assessible income":

 

 

http://www.rd.go.th/publish/37749.0.html#section40

 

Looking and that section and the wording of the clause that mentions pension it could well be pension defined as lodging. In fact I am sure of it.

Perhaps that is why they did not use it in the info on the webpage i posted.

I am finished with this discussion since it is off topic.

 

Unfortunately the posts with the correct explanation of why a pension is considered income and taxable have been deleted, now leaving posts which lead the reader to an incorrect conclusion.

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Prove it. The link I posted does not include pensions in the tax base.

 

 

 

 

That link is a brief summary. The actual law is here & says "pensions" are income tax "assessible income":

 

 

http://www.rd.go.th/publish/37749.0.html#section40

 

Looking and that section and the wording of the clause that mentions pension it could well be pension defined as lodging. In fact I am sure of it.

Perhaps that is why they did not use it in the info on the webpage i posted.

I am finished with this discussion since it is off topic.

 

Unfortunately the posts with the correct explanation of why a pension is considered income and taxable have been deleted, now leaving posts which lead the reader to an incorrect conclusion.

 

 

 

Why not repost them in the appropriate section, maybe finances, & provide a link to said post & its title here?

Edited by oldthaihand99
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........ One can easily work in their home country and continue to get funds transferred over.


That would be working illegally in Thailand without a work permit then.
Exactly what they are trying to stop.

 

 
Why would that need a Work Permit ? Or am I missing something here ?
 
How I read it is that the OP works in his Home Country, stops work and comes over to Thailand for a Long Holiday and to support himself he transfers money into Thailand from abroad.

 


Nah, read carefully, he admitted working online in Thailand, paid in his home country, and having the money transferred over.
That's illegal in Thailand, unless you get a work permit, which they won't give you.

 

 

I'm not sure that is working illegally. I attended and immigration information session and they stated that working online is not illegal and does not require a work permit as long as all of the business takes place outside of thailand - ie buying and selling goods/services inside the USA via a website. Did I misunderstand?

 

btw before I get trounced on with assumptions, it wasn't my question and does not apply to me.

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That link is a brief summary. The actual law is here & says "pensions" are income tax "assessible income":

 

 

http://www.rd.go.th/publish/37749.0.html#section40

 

Looking and that section and the wording of the clause that mentions pension it could well be pension defined as lodging. In fact I am sure of it.

Perhaps that is why they did not use it in the info on the webpage i posted.

I am finished with this discussion since it is off topic.

 

Unfortunately the posts with the correct explanation of why a pension is considered income and taxable have been deleted, now leaving posts which lead the reader to an incorrect conclusion.

 

 

 

Why not repost them in the appropriate section, maybe finances, & provide a link to said post & its title here?

 

 

 

continued here, under General topics:

 

http://www.thaivisa.com/forum/topic/738836-is-pension-income-subject-to-thai-income-taxcontinued/?p=8040113

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@ohyesiam, can you please give us more information regarding the information session - who organised it and how long ago ? Yours is the first post I've seen that represents anything even remotely definitive on this topic - the rest of us have been left to ponder random speculation and conjecture. Greatly appreciate any info you can give us on this. 

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