federicoP Posted January 15, 2017 Share Posted January 15, 2017 I need to get a "Fiscal Residence Certificate" (R.O. 22) from the Revenue department. To get this certificate, I need to demonstrate that I have been "residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year ". I have presented my passport with all the entrance and exit stamps, together with a count that, for me, arrives at 182 days, because I entered and exit from Thailand four times, and I have counted both the days of entrance and the days of exit. And this is the criteria usually adopted by the immigration Department. But the Revenue Department told me that they count only one of the entrance and exit days so, in their opinion, I have been residing in Thailand ony for 178 days and I am not entitled to get the Fiscal Residence Certificate. Following the Revenue criteria if you arrive and leave in the same day they count one day, if you arrive today and leave tomorrow would be always one day.... Now I want to make an opposition to their decision, that is in contrast to the criteria applied by the Immigration Department and to my opinion. I was thinking to go first to the Immigration Department and to ask for a declaration about the number of days that I spent in Thailand (they should declare 182). Does anybody knows if they could issue such a declaration ? Has somebody any suggestion, or personal experience, about how to deal with this kind of problem ? Federico Link to comment Share on other sites More sharing options...
Paul944 Posted January 15, 2017 Share Posted January 15, 2017 Succes with the appeal. Why did you make it yourself so complicated? 4 days more in Thailand and you would not have had this problem. BTW did you enter at 00:00 and leave at 23:59 on those days? The view of the revenue department seems reasonable to me. They can also reason that leaving before 12 am counts as 0 days and arriving after 12 am counts as 0 days, because you are outside Thailand the largest part of the 24 hour day. Link to comment Share on other sites More sharing options...
federicoP Posted January 16, 2017 Author Share Posted January 16, 2017 (edited) Of course my plans were different, but I had to change them because of an unexpected and extremely serious health problem that forced me and my wife to go back abruptly to Europe. This is the reason I made me "so compicated"...... Your interpretation is acceptable, but I think that also mine is acceptable. My main point is that the Immigration Departmente applies a criteria different from that applied by the Revenue Department. Both are Government Department, so one of the two must be wrong ! Edited January 16, 2017 by federicoP error in writing 1 Link to comment Share on other sites More sharing options...
Paul944 Posted January 16, 2017 Share Posted January 16, 2017 I wish you luck. It makes me wonder what happens if you visit several countries a year and you were in no country longer as 181 days. Link to comment Share on other sites More sharing options...
chiang mai Posted January 16, 2017 Share Posted January 16, 2017 Which country is the certificate required for, he UK would count days differently for example. Link to comment Share on other sites More sharing options...
federicoP Posted January 16, 2017 Author Share Posted January 16, 2017 Paul944: I have been in the situation to stay less than 181 in any country several times, but it is not so easy to cancel a fiscal residence without having a new one, your native country would be not so happy ! chiang mai : The country requiring this certificate is Italy, but in this case it does not matter how Italy would count the days, they are just asking a Fiscal Residence Certificate issued by a country with which there is an agreement against double taxation. Link to comment Share on other sites More sharing options...
DrDweeb Posted January 17, 2017 Share Posted January 17, 2017 (edited) I want one of these in Thailand as well, as I am extricating myself from an EU country. I will have to count days carefully this year. My home country, and I believe EU countries generally, count the day of entry and exit into a country as 1 day each. Edited January 17, 2017 by DrDweeb clarification Link to comment Share on other sites More sharing options...
Odinrex Posted February 20, 2017 Share Posted February 20, 2017 I want one of these as well, but WHERE do I get it? Since I live in Jomtien I went to the Chonburi Area Revenue Office 3 in Jomtien, but they told me to go to "Revenue Region 5 Chonburi". I thought I would find that with a little help from Google, but no luck so far. Any suggestions as to where that might be from you experts? Link to comment Share on other sites More sharing options...
Odinrex Posted February 27, 2017 Share Posted February 27, 2017 Never mind, think I found it Link to comment Share on other sites More sharing options...
FritsSikkink Posted February 27, 2017 Share Posted February 27, 2017 On 16/01/2017 at 8:27 AM, federicoP said: Of course my plans were different, but I had to change them because of an unexpected and extremely serious health problem that forced me and my wife to go back abruptly to Europe. This is the reason I made me "so compicated"...... Your interpretation is acceptable, but I think that also mine is acceptable. My main point is that the Immigration Departmente applies a criteria different from that applied by the Revenue Department. Both are Government Department, so one of the two must be wrong ! No, they can have their own criteria. You want to spend money on a lawyer and a lengthy court case, while you are not here? Link to comment Share on other sites More sharing options...
.png.3b3332cc2256ad0edbc2fe9404feeef0.png)
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now