By Barry Kenyon

Anything and everything about Thailand
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Jun
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Re: By Barry Kenyon

Post by Jun »

Gaybutton wrote: Wed Sep 27, 2023 9:14 pm Seems to me what the agreements boil down to is if you are paying income tax in your home country, then you don't have to pay income tax, at least in Thailand, if Thailand and your home country have the double tax agreement in place, even if Thailand considers you a resident for tax purposes.
Double taxation will mean what it says, ie you're not double taxed. Or in the worst case, you are double taxed but can reclaim it.

However, if I understand correctly:
Tax free allowance in US = $12950
Tax free allowance in UK = £12570
Tax free allowance in Thailand = ฿60,000

The Thai tax free allowance is obviously far lower. So up to a certain income level, it seems likely that Thai taxes will be higher. In which case, don't rule out having to pay something in Thailand.
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Re: By Barry Kenyon

Post by Gaybutton »

Jun wrote: Thu Sep 28, 2023 2:16 am it seems likely that Thai taxes will be higher. In which case, don't rule out having to pay something in Thailand.
I don't rule anything out or in. But I doubt Thai taxes would be higher. I doubt it could really amount to very much because most Thai people can't afford to pay high taxes, certainly not on the same level that we pay in the UK and USA. Unless there is going to be a double standard and we're taxed at some sort of farang rate, how expensive could it be?

Of course, I know I could be totally wrong.

All we're really doing is guessing. I'll concede that it is educated guessing, but still guessing. That is why I think it is good for us to be discussing it and even debating it, but we won't know much of anything until we hear from the Thai government, who so far has given us virtually no information doing us any good trying to understand just where we stand, whether we can expect to be taxed, and if we are going to be taxed, how much we should we expect to have to pay.

I am also wondering if Thailand does renege on the double tax agreements, will the embassies protest or just keep silent. Three guesses which of the two I think it would be . . .
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Re: By Barry Kenyon

Post by Dodger »

Gaybutton wrote: Wed Sep 27, 2023 9:14 pm Seems to me what the agreements boil down to is if you are paying income tax in your home country, then you don't have to pay income tax, at least in Thailand, if Thailand and your home country have the double tax agreement in place, even if Thailand considers you a resident for tax purposes.

That's the way I see it. I'm waiting for the Thai government to give us assurances they see it the same way.

In my opinion, further speculation within our ranks is meaningless. We need to hear from the Thai government in plain, simple language - "Expats living in Thailand under the retirement visa, we have a double tax agreement with your home country. As long as you are paying income tax to your home country, you will not be liable for paying Thai income tax too."

I don't see why it needs to be any more complicated than that - and that's what I want to hear. If there is a hard part to making that clear to us, I don't know what it is.
My thoughts exactly!
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Re: By Barry Kenyon

Post by thaiophilus »

Gaybutton wrote: Thu Sep 28, 2023 5:55 am I am also wondering if Thailand does renege on the double tax agreements, will the embassies protest or just keep silent. Three guesses which of the two I think it would be . . .
Never mind the embassies, more influential people might have something to say. Thai billionaires with assets abroad might suddenly become liable for unavoidable taxes abroad...
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Re: By Barry Kenyon

Post by Jun »

Gaybutton wrote: Thu Sep 28, 2023 5:55 amI don't rule anything out or in. But I doubt Thai taxes would be higher. I doubt it could really amount to very much because most Thai people can't afford to pay high taxes, certainly not on the same level that we pay in the UK and USA. Unless there is going to be a double standard and we're taxed at some sort of farang rate, how expensive could it be?
As I've already pointed out, the tax free allowances in the US & UK are far higher than in Thailand.

So on the first £12750 of income in the UK, you pay no income tax.
In Thailand, you start paying income tax at £1340. If I understand it correctly, which is not certain.
So potentially, there is over £11,000 of earnings in the UK which are untaxed & could be taxed in Thailand. Similar for US citizens.

Whilst overall tax rates appear lower in Thailand, they start at a far lower level.
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Re: By Barry Kenyon

Post by Gaybutton »

Jun wrote: Thu Sep 28, 2023 6:55 pm Whilst overall tax rates appear lower in Thailand, they start at a far lower level.
I don't really understand all that, but I'm hoping not to have to find out the hard way whether you're right.
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Re: By Barry Kenyon

Post by Gaybutton »

Income tax fears replace insurance worries in latest Pattaya expat poll

By Barry Kenyon

October 2, 2023

The new top concern of Pattaya expats, almost 60 percent, is the recent announcement of the Thai internal revenue service to tax all income brought into Thailand by both Thai nationals and farang residing here over 180 days in a calendar year. According to a straw poll of 150 expats (UK, US, EU, Australia), conducted in Jomtien soi five from 26-28 September, the subject has displaced visa and insurance concerns from their traditional first place in past polls.

“Touch my pension and I’m out of here, was the response of many expats. Some, mostly retirees, said they were reviewing their options such as moving to Cambodia or the Philippines where tax laws are believed to be softer or ignored for foreign residents. However, about a quarter of the respondents had never heard of the proposal or thought it did not apply to them. Five respondents thought it only referred to currency speculators, holders of off-shore accounts in Hong Kong or elsewhere or rich investors in overseas businesses.

Pattaya Mail contacted a Thai tax lawyer for his personal perspective. Here is his reply, “Thai revenue is simply updating an old law by saying that tax must be paid, from next year, on foreign income even if the incoming money’s arrival is delayed into a future tax year. But there is no intention to tax again income that has already been taxed abroad. For example, the pensions of most foreign retirees are taxed initially in their home country and there are, in any case, double taxation treaties with 61 countries. The issue is whether all resident expats will need to register with Thai revenue to obtain a tax identification number (TIN) to explain their individual circumstances. Nobody can answer detailed questions until the revenue issues more guidelines for the non-business community.”

Second subject choice for most respondents was concern that more long term visas would soon require compulsory hospital insurance. The prime worry was amongst the holders of non “O” retirement extensions or the annual extension granted to foreigners with a Thai spouse. There have been no official announcements, but remarks earlier in the year by a deputy national police chief, Surachate Hakparn, seem to be the main source of worry. Several respondents said they had now moved to Elite visas which guarantee multiple-entry to Thailand for 5-20 years depending on the initial cash sum paid, starting with 900,000 baht. The whole subject is controversial in Thai government circles as the evidence shows that most non-payment of hospital bills by foreigners arises from motorbike accidents involving short-term tourists under 40.

Other subjects of worry raised in the field study included the future of night life in the city which some see as short-term as the Pattaya tourist profile changes to Asia and away from Europe and the future of ganja leisure smoking in view of recent government announcements to restrict use to medical treatment. Brits are understandably upset by their “frozen” old age pensions here, although respondents seem resigned to the inevitability of discrimination. Four respondents primarily raised the issue of inflation in supermarket products, whilst three referred to traffic jams which they blamed on city hall or too many music festivals. A sole Australian expat said she was really worried about an influx of Americans if Donald Trump won the general election next year.

https://www.pattayamail.com/latestnews/ ... oll-441984
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Re: By Barry Kenyon

Post by Dodger »

Gaybutton wrote: Mon Oct 02, 2023 5:52 pm
By Barry Kenyon

October 2, 2023

"Pattaya Mail contacted a Thai tax lawyer for his personal perspective. Here is his reply, “Thai revenue is simply updating an old law by saying that tax must be paid, from next year, on foreign income even if the incoming money’s arrival is delayed into a future tax year. But there is no intention to tax again income that has already been taxed abroad. For example, the pensions of most foreign retirees are taxed initially in their home country and there are, in any case, double taxation treaties with 61 countries. The issue is whether all resident expats will need to register with Thai revenue to obtain a tax identification number (TIN) to explain their individual circumstances. Nobody can answer detailed questions until the revenue issues more guidelines for the non-business community.”
FINALLY!!!...After weeks of knee-jerk reporting and an avalanche of hyperbole and fear mongering, there are some actual facts being reported. What a concept! :o
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Re: By Barry Kenyon

Post by Gaybutton »

Dodger wrote: Tue Oct 03, 2023 7:52 am there are some actual facts being reported.
If it turns out that all we expats on the retirement visa will have to do is fill out some paperwork to show we don't have to pay a Thai income tax, I think we can live with that.

If that is what we will have to do, I imagine that paperwork might simply be included with the paperwork we are required to show when extending our visas.

By the way, just as an aside - when they talk about polls, has anyone reading this ever been called on to answer poll questions (other than polls on message boards), whether in Thailand, your home country, or anywhere else? I haven't, not even once in my life.
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Re: By Barry Kenyon

Post by 2lz2p »

Gaybutton wrote: Tue Oct 03, 2023 9:14 am
Dodger wrote: Tue Oct 03, 2023 7:52 am there are some actual facts being reported.
If it turns out that all we expats on the retirement visa will have to do is fill out some paperwork to show we don't have to pay a Thai income tax, I think we can live with that.

If that is what we will have to do, I imagine that paperwork might simply be included with the paperwork we are required to show when extending our visas.

By the way, just as an aside - when they talk about polls, has anyone reading this ever been called on to answer poll questions (other than polls on message boards), whether in Thailand, your home country, or anywhere else? I haven't, not even once in my life.
I generally agree with Barry that it most likely will only require getting a Thai tax ID number and filing a document with the Revenue Department. As noted in the Bangkok Post article (https://www.bangkokpost.com/business/general/2652846):
The programme will begin on Jan 1, 2024 and apply only to tax residents in Thailand meaning tourists and short-term workers will be exempt. Also exempt will be those who have been taxed in a foreign country that has a standing double tax agreement with Thailand.

However, the department will need to work out more details such as planning for the tax credit system in the case of a prior double tax agreement with the source country.
I don't envy them the task of coming up with how to handle the "tax credit system" as it may not be a simple task as they will be dealing with 61 different treaties. At last week's Pattaya City Expats Club meeting, 3 representatives of Business Asia who were in attendance were asked their current views pending their planned presentation as speakers to the PCEC on 1 November.

They said things were still unclear on what will be required, but did mention that the likelihood will be as mentioned by Barry (file a document). However, they did say that they would not be surprised to see an announcement that the start date will be changed to 1 January 2025 to give the Revenue Department time to work out the rules to implement the requirement.

As for Barry's reference to a "poll", I would guess this was unscientific and based on him approaching expats doing business at Immigration to ask his question(s). Barry works in a Thai law office next to Immigration on Jomtien Beach Road Soi 5, so folks are handy for him to talk to. I am acquainted with Barry, so I may ask him at Wednesday's PCEC meeting, if I get the opportunity to speak with him. He will be there as the Thai lawyers he works with will be the speakers at that meeting on the topic of "Thai Law & You."
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