Q: Reclaim FOREIGN Tax at source - signature Thai tax office?

[Swiss1960]

Following question:

When I made my move to Thailand, my company pension fund was paid out to me and I had withholding tax decucted from the amount. Talking about well over 500K Baht withholding tax. Now I received a form to be filled out to claim to refund this withholding tax and the form says:

"The tax authority of the place of residence herewith certifies to know about the above-mentioned settlemen in cash".

Now here we go with my questions:

• has anybody been in a similar situation and done it and could PM me how he did it?
• where would the local tax & renevue department be for me, living in Nong Prue, Banglamung, Chonburi 20150?
• I assume that I would first need to get a tax ID for Thailand (based on retirement extension) which I later can use to also reclaim the taxes decucted from my Thai bank interests?
• Do I assume correctly that I would have to go the tax office in 2015 (Jan-March as I read in other threads) to get the signature?
• Would there be any impact on me having to pay taxes in Thailand EITHER on the full amount paid (which is on the form to be signed) or on the withholded Swiss taxes (could this be seen as income?)?
• I assume also that I will need a certified translation of the form to Thai in order to proceed, even though the form is in German and English?

Note: I only need a signature, the Thai revenue department does NOT have to pay anything back to me, that will all be done within Switzerland!

Hope somebody can give me some pointers into the right directions, so that I can proceed. Would be nice, if the Swiss tax office would have to refund the withholding tax back to me...

[topt]

I believe the local office for you would be the one in Jomtien - the slip road just off Second road on the left before you see Soi 5 (Immigration) on the right. I was directed here from the office on Suk where I first went and have the same address details as you.

Tax ID - Yes you would need to fill in a load of forms and get many photo copies - the revenue people filled in the form for me as all in Thai. I have reclaimed now last two years with no issues - other than a long wait each time

Sorry I do not know the answer to the rest but best of luck. Have you checked if the Swiss have any double tax treaties with Thailand relating to pensions specifically?

[Swiss1960]

I believe the local office for you would be the one in Jomtien - the slip road just off Second road on the left before you see Soi 5 (Immigration) on the right. I was directed here from the office on Suk where I first went and have the same address details as you.

Tax ID - Yes you would need to fill in a load of forms and get many photo copies - the revenue people filled in the form for me as all in Thai. I have reclaimed now last two years with no issues - other than a long wait each time

Sorry I do not know the answer to the rest but best of luck. Have you checked if the Swiss have any double tax treaties with Thailand relating to pensions specifically?

thanks for the information.

yes, there is a double tax treaty, however it does not mention anything specifically on my issue, only about "taxes from income" defined as "total income, earned income, investment income, operating income, capital gains and other income" (italic translated with google from german to english)

[Sophon]

I had a similar issue with tax on interest/capital gains on my pension plans in my home country. In order for the tax authorities to stop charging this tax, I was required to get a stamp and signature from my local Thai revenue office on a form confirming that I am now a tax resident of Thailand. This was in Bangkok, and there were absolutely no way to get the boss at the local revenue office to sign a form in a foreign language (English) from the tax authorities in a foreign country. I don't really blame him, as he could not be expected to fully comprehend what the consequences of signing the form might be. In the end my home country tax authorities saw reason when I explained the situation to them, and accepted a copy of my Thai tax ID card as proof of being a registered tax payer in Thailand (not that I pay any tax here as I don't have any income).

Maybe the Tax authorities in Chonburi are more flexible since they must be more used to dealing with situations like this, if not then try asking the Swiss tax authorities if there is any other way you can prove that you are a Thai tax resident. Good luck.

Sophon