Faz
Well-known member
It's always been the case that if you reside in Thailand for more than 180 days in a calendar year, you are classed as a 'tax' resident, but there was no enforcement of this law on foreigners - until now!
Two years ago, I read of proposed changes to the Thai tax laws, but at that time the changes were aimed at Thais and foreigners with businesses in Thailand and overseas and surely this wouldn't apply to foreign retirees, would it? In November 2023 the Government announced changes to Thai tax laws, which included not only foreigners and Thai with businesses, but foreign individuals as well. I still remained sceptical, believing it was being reported incorrectly, or as with other laws it would never be enforced against foreign expats, but sadly I was wrong, it's actually happening as of 1st January 2025.
I still wasn't concerned, after all most foreign nationals governments have DTA (Double Taxation Agreements) with each other, right - wrong!
The devil is actually in the details of these DTA's with Thailand, and for many, those details now known, various sources of 'incomes' are not all covered under these DTA's.
For example, I'm now aware that for US nationals, Social Security payments are excluded from taxation in Thailand under their DTA agreement, but private and company pensions are not and are therefore regarded as assessable incomes for taxation when transmitted to Thailand.
UK nationals do not unfortunately fair as well as our US counterparts and State, private and company pensions are not covered under their DTA and are therefore assessable incomes for taxation when remitted to Thailand. The only exclusion from taxation being a Civil Service pension, which is 'exempt' to taxation.
The first step of all nationalities, where your Countries have a DTA with Thailand, is to familiarise yourself with the details of that agreement, in order to know any particular income exclusions, before you can start to calculate if your income remittances to Thailand are classed as assessable incomes for taxation in Thailand.
Under the Thai Tax law, any foreigner remitting more than 200,000 BHT to Thailand in a Thai tax year, must file a tax return form, regardless of whether his remittances are eligible, or none legible for tax purposes The TRD (Thai Revenue Department) will decide that. The penalties for not filing a Thai tax return or deliberately trying to avoid taxation are severe, punishable by a fine not exceeding 200,000 BHT, 1 year of incarceration, or both.
The new Thai Tax laws became effective as of 1st January 2024.
The Thai tax years run from 1st January to 31st December, with tax returns being filed between 1st January to 31st March in the following year.
So, funds remitted to Thailand from 1st Jan 2024 to 31st December 2024 must be declared and filed between 1st January until 31st March 2025.
You'll need to obtain a TIN (Tax Identity Number) from your local Revenue department, if you don't already have one.
It's not all as 'doom and gloom' as it first appears. Using the Thai tax system, I've been doing some calculations and a large percentage of foreigners will not be eligible for paying tax in Thailand, but I'll go through the calculations, allowances, Thai tax rates, and eligible tax credits later.
Two years ago, I read of proposed changes to the Thai tax laws, but at that time the changes were aimed at Thais and foreigners with businesses in Thailand and overseas and surely this wouldn't apply to foreign retirees, would it? In November 2023 the Government announced changes to Thai tax laws, which included not only foreigners and Thai with businesses, but foreign individuals as well. I still remained sceptical, believing it was being reported incorrectly, or as with other laws it would never be enforced against foreign expats, but sadly I was wrong, it's actually happening as of 1st January 2025.
I still wasn't concerned, after all most foreign nationals governments have DTA (Double Taxation Agreements) with each other, right - wrong!
The devil is actually in the details of these DTA's with Thailand, and for many, those details now known, various sources of 'incomes' are not all covered under these DTA's.
For example, I'm now aware that for US nationals, Social Security payments are excluded from taxation in Thailand under their DTA agreement, but private and company pensions are not and are therefore regarded as assessable incomes for taxation when transmitted to Thailand.
UK nationals do not unfortunately fair as well as our US counterparts and State, private and company pensions are not covered under their DTA and are therefore assessable incomes for taxation when remitted to Thailand. The only exclusion from taxation being a Civil Service pension, which is 'exempt' to taxation.
The first step of all nationalities, where your Countries have a DTA with Thailand, is to familiarise yourself with the details of that agreement, in order to know any particular income exclusions, before you can start to calculate if your income remittances to Thailand are classed as assessable incomes for taxation in Thailand.
Under the Thai Tax law, any foreigner remitting more than 200,000 BHT to Thailand in a Thai tax year, must file a tax return form, regardless of whether his remittances are eligible, or none legible for tax purposes The TRD (Thai Revenue Department) will decide that. The penalties for not filing a Thai tax return or deliberately trying to avoid taxation are severe, punishable by a fine not exceeding 200,000 BHT, 1 year of incarceration, or both.
The new Thai Tax laws became effective as of 1st January 2024.
The Thai tax years run from 1st January to 31st December, with tax returns being filed between 1st January to 31st March in the following year.
So, funds remitted to Thailand from 1st Jan 2024 to 31st December 2024 must be declared and filed between 1st January until 31st March 2025.
You'll need to obtain a TIN (Tax Identity Number) from your local Revenue department, if you don't already have one.
It's not all as 'doom and gloom' as it first appears. Using the Thai tax system, I've been doing some calculations and a large percentage of foreigners will not be eligible for paying tax in Thailand, but I'll go through the calculations, allowances, Thai tax rates, and eligible tax credits later.
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