By Barry Kenyon

Anything and everything about Thailand
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Significant legal and visa implications for gay marriage in Thailand

By Barry Kenyon

March 28, 2024

Subject to the likely agreement of the Senate and the 120 days waiting period prior to implementation, gay marriage will be operational in Thailand in 2025. Although the new law is essentially designed to grant equality to two Thai nationals of the same sex, there will be a sizeable number of expats wanting to marry their Thai partners.

Jessataporn Bunnag, a Thai lawyer based in Pattaya, said, “Longstay gay foreigners will be able to apply for the one year spouse visa which currently requires 400,000 baht in the bank or the equivalent in foreign income, plus other documentation and an immigration police visit to confirm residence and relationship.” However, Mr Bunnag added that another option for foreigners over 50 years was the retirement visa and annual extension of stay which, though less bureaucratic, requires 800,000 baht or monthly income.”

Thailand already allows two foreigners (neither being a Thai) of the opposite sex to register their marriage at the amphur office, subject to both receiving an affidavit from their respective embassy in Bangkok. After the new law is introduced, this civil facility will also be available for two gay foreigners, men or women, to cement their relationship. Many Thai temples already hold ceremonies for gay couples. Formal marriage here of two same sex foreigners is likely to grow in importance in future years as Thailand is famous as a gay-friendly destination.

On the negative front, Mr Bunnag said candidates for gay marriage must also understand Thai laws on divorce. “Gay marriages will break up as easily as straight ones,” he stressed. Currently, heterosexual partners can visit the amphur office for formal termination providing they have agreed the settlement terms in advance. But if one partner has gone missing, has behaved badly or is uncooperative, a civil court order may be necessary which can take months. In general terms, property and assets bought since the marriage will be divided equally, though the detail can cause problems.

Thailand has long been a draw for same sex couples as it has a vibrant scene for both Thais and foreigners and, under the current Pheu Thai government, targets this market to attract increasing numbers of travellers. In 2028, Thailand is poised to become the heartbeat of gender inclusivity in hosting the LGBTQ+ worldwide summit. “It’s all looking very good,” concluded Thitian Chanmontri of the gay campaigning Rainbow Alliance.

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Re: By Barry Kenyon

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Personally I am not the least bit concerned and never even think about paying a Thai income tax unless I spot an article about it. I have absolutely no reason to think expats living on pensions and Social Security are going to find themselves taxed in Thailand.

For me, it's another case of "Don't worry until you have something to worry about."
__________________________________________

Foreigners and their overseas income: what next?

By Barry Kenyon

April 3, 2024

More than three months after “assessable” foreign income became taxable, many of Thailand’s expats are still swimming in a sea of uncertainty. Lots of advice online, but few definite answers. Senior officers from the Revenue have said little of late, although there has been a half-promise to the Swiss ambassador in a televised interview to print the tax identification forms in English as well as in Thai.

There is a view amongst some Thai lawyers that we must wait until July for clarification on nitty-gritty issues such as double taxation treaties and the tax status of pensions. By that time, some expats will have passed 180 days of minimum residence necessary for tax liability in this category. However, other specialists argue that the Revenue needs not to clarify anything. After all, formal tax law did not change on January 1 2024. There was simply the closing of a tax loophole which had enabled Thais or foreigners to delay transferring income here until a subsequent year.

Will all foreigners who spend half a year or more in Thailand be required to register with the Revenue by obtaining a tin (tax identification number) and submitting the required forms? The submission deadline for the calendar year 2024 will be in the January-March quarter of 2025. Revenue spokespersons have hinted at the all-inclusive scenario, but there has not been a formal declaration. Could the tax offices cope with the rush?

There are some categories of foreign tax residents who will not be liable at all this year, for example those who do not transfer ANY foreign income to Thailand in 2024 as well as holders of the 10 year Longterm Residence Visa who are exempt from declaring any foreign income in any case. The fact that you may be required to submit forms does not mean that you are, in fact, liable to pay any Thai tax. But expats won’t welcome the envisaged bureaucracy and likely registration with two tax authorities: the home country and Thailand.

There is also ambiguity about the precise status double taxation treaties. A retiree, for example, might argue – and indeed prove – he or she has paid taxes on pensions in the home country. But the Revenue could argue that the retiree could use those payments as a tax credit in Thailand rather than conceding a total immunity. Everyone agrees that the revised rules about foreign income are designed to catch Thais (and foreigners) making profits from untaxed overseas businesses and foreign exchange and crypto currency trading. The problem, needless to say, could be small fish being caught in the net alongside big ones.

The optimistic view about the future is that tin registration will remain voluntary as, in fact, it always has been for Thai citizens. If you think you are liable for tax, then by all means register. If you try to cheat, the newish Common Reporting System – an automatic and international exchange of the financial information of individuals to combat tax evasion and ensure compliance – will expose your dealings. But if all expats living here for half a year or so are thrown into the same pit willy-nilly, then Thai authorities can expect non-working longstay expats to become an endangered species. Imagine the note on official publicity for one year extensions or for Elite visas: “You are reminded that you are required to register with the Thai Revenue’s tax identification system if staying in Thailand more than 180 days in a calendar year.” Not exactly marketing.

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Re: By Barry Kenyon

Post by Dodger »

It appears as if Barry was scrambling for something to write about.

Nothing newsworthy in this latest article that I can see.

Just my opinion of course.
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Cambodia and Thailand offer very different marketing strategies

By Barry Kenyon

April 4, 2024

Whilst the Thai premier Srettha Thavisin is pushing for international tourist growth by traditional means, Cambodian authorities are adopting a “dark” visitor scenario which urges visitors to delve into the country’s tragic past. The Cambodian tourist authority has upgraded facilities at the Tuol Sleng genocide museum and the Choeung Ek Killing Fields, both based in or near Phnom Penh and the scene of atrocities associated with the Khmer Rouge era of the 1970s.

Cambodia also hopes to have a bumper Khmer New Year festival (April 13-16) by promoting the eating of fried insects which are said to be full of protein and taste just fine. Hotels and businesses have been told to display the national flag outside their premises and images of the Royal family inside. They are also instructed to provide parking lots with clear signage to avoid vehicles blocking roads and highways.

Meanwhile, Thailand has adopted a five point marketing plan according to the prime minister. These include providing a positive experience (24 hour helplines for example), encouraging Thai food and culture, exploring secondary provinces rather than the usual tourist centers and hosting world class events in sport and music. The fifth strand is to push for seamless travel in the Asean region by a “mini Schengen”, the idea that a visa for one country would remove the need to apply for a separate one to visit neighboring ones.

Brian Williams, whose UK agency specializes in holidays to south east Asia, said both Thailand and Cambodia were seeking new strategies to promote a further growth in international arrivals. “Cambodia is trying to diversify its attractions beyond the archaeological ruins of Angkor Wat, whilst Thailand is adopting user-friendly strategies in its appeal.” He added that Thailand was also looking at extending its government-funded insurance schemes to cover foreigners hurt or killed in road and water accidents.

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Philippines urged to follow Thailand to grab more Chinese tourists

By Barry Kenyon

April 5, 2024

The Philippines is in danger of being left behind in the rush to attract the world’s biggest potential tourist market, namely China. Rene Reyes, tourism officer at Manila’s office in Shanghai, says that the in-advance visa rules are restricting Chinese arrivals who prefer the visa-free or visa-on-arrival policies of Thailand, Singapore and Malaysia.

In 2019 the Philippines receive 1.7 million Chinese tourists, but only 267,000 in 2023, way behind the vacation entrants from South Korea, the lead country. There is now a common assumption throughout the south east Asia region that abolishing pre-entry approval policies is the best way to ensure tourist growth in a competitive environment.

Thailand has led the way with a permanent agreement which allows the Chinese to enter Thailand visa-exempt for 30 days with the option to extend for a further month at local immigration. In return, Thais do not any longer require visas to enter China as shortstay visitors. However, Chinese tourists to Thailand are restricted to a 90 days maximum stay in any 180 days period unless they are business people, students or have families resident here with purpose visas in their passports

Two other hold-out countries in the region are Indonesia, which is still considering extending visa free travel to more countries, and also Cambodia which charges most foreign tourists (including Chinese) US$30 for a month’s stay on an e-visa or visa on arrival basis. Meanwhile, Srettha Thavisin, the Thai premier, is actively campaigning for Asean nations to adopt common tourist immigration policies and “seamless travel” opportunities throughout the region.

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Re: By Barry Kenyon

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Barry Kenyon wrote: Sat Apr 06, 2024 4:17 pmThe Philippines is in danger of being left behind in the rush to attract the world’s biggest potential tourist market, namely China
The Philippines sounds like a nice holiday destination.
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Barry Kenyon presents latest immigration rules and procedures
______________________________________________________



Barry Kenyon provides the latest update on the Trends and Requirements at Thai Immigration

By Pattaya Mail

March 26, 2024

On March 13th, 2024, Barry Kenyon, a familiar face who had previously addressed the Pattaya City Expats Club (PCEC) on the intricacies of Thai immigration, has entered a phase of semi-retirement. Despite this, he remains actively engaged as a foreign adviser to a group of Thai lawyers, offering his wealth of knowledge and experience in navigating the complex legal landscape of Thailand. Additionally, Barry had established himself as a prominent contributor to the internet edition of Pattaya Mail, where he delved into various topics of interest to expatriates, with a particular focus on Thai immigration issues.

During his presentation to the Club, Barry took the members on a comprehensive journey through the ever-evolving practices of the Thai Immigration Bureau. He provided updates on crucial procedures such as address registration (TM47 and TM30), shedding light on the latest requirements and regulations that expatriates needed to adhere to in meeting the registration requirements.

Furthermore, Barry offered valuable insights into obtaining one-year extensions of stay, an essential aspect for those wishing to prolong their time in the Kingdom of Thailand. One of the highlights of Barry’s presentation was his detailed overview of alternative visa options, including the highly coveted Elite visa and the recently introduced 10-year Long Term Residence Visa. With his in-depth knowledge of these visa categories, Barry guided his audience through the eligibility criteria and application processes, helping them understand the potential benefits and implications of each option.

In addition to discussing procedural matters, Barry tackled some of the more complex and contentious issues facing expatriates in Thailand. He explored the intricate relationship between farang income tax and immigration regulations, offering valuable advice on navigating the often-murky waters of tax compliance for foreigners living in the country.

Moreover, Barry provided his perspective on the significant shifts in the tourism landscape, particularly the collapse of tourist visas not only in Thailand but also across the wider Asian region. He analyzed the implications of these developments for expatriates and travelers alike, highlighting the need for adaptability and foresight in the face of evolving immigration policies and global uncertainties.

Overall, Barry Kenyon’s presentation served as a comprehensive guide to the ever-changing terrain of Thai immigration, offering members valuable insights and practical advice to navigate this complex regulatory environment with confidence and clarity. The PCEC’s website has a wealth of information on Thai Immigration requirements at https://pcec.club/Thai-Immigration/.

After the presentation, MC Ren Lexander brought everyone up to date on upcoming events and then called on George Wilson to conduct the Open Forum portion of the meeting where the audience can ask questions or make comments about Expat living in Thailand, especially Pattaya. To learn more about the PCEC, visit their website at https:/pcec.club.

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Common visa policy for Thailand and her neighbors a distant dream

By Barry Kenyon

April 9, 2024

The Thai premier has won international praise for his marketing push to introduce a Schengen-type tourist visa arrangement for Thailand, Malaysia, Vietnam, Cambodia, Laos and Myanmar. The suggestion has actually been kicking around for 10 years but hasn’t got anywhere because of the nature of ASEAN. It is a regional organization, to be sure, but is founded on the principle of non-intervention: no interference in the national policies and laws of member states is a huge barrier to political innovation.

Bloomberg thinks it may be different this time. A recent article emphasizes that the Thai initiative has not fallen on deaf ears across the region. Maybe the success of Thailand in abolishing visas in advance and visas on arrival for 90 percent of arriving tourists is having an impact. The PM’s spokesman claims that enthusiasm about the 70 million tourists who have already visited at least one country in the region this year is on the rise. Thailand and Malaysia alone this year have benefitted to the tune of US$48 billion.

Yet the prospect of a Pan-Southeast Asian Zone is not remotely on the horizon. Visa rules in the six countries are very diverse. Tourist entry to Thailand is mostly free although whether an individual receives 15 or 30 or 90 days depends on his passport country: Russia and South Korea are at the top end. Cambodia, by contrast, charges nearly everybody between US$30-US$40 for a flat 30 days either on arrival or via e-visa. Vietnam has a complex mixture of fee-based and no-payment entry which appears to change on a regular basis. Some ASEAN partners allow Chinese and Indian nationals easy entry, whilst others require pre-flight approval and a hefty fee.

Bill Bennett, managing director of C9 Hotelwork, believes that bilateral arrangements might be the best way forward: two countries have a better chance of creating a common zone than all six. This cautious alternative also avoids the well-known Schengen problem in Europe where some potential visitors work out which member offers the lightest terms to get in so that they can visit the rest hassle-free. During the premiership of Thaksin Shinawatra Thailand and Cambodia discussed a bilateral tourist visa, but nothing came of the modest idea.

Yet another variant, sometimes promoted by Thai spokespersons, is that a local Schengen arrangement for six countries would be dependent on Thailand becoming the sole entry country. In other words, tourists would only be able to visit partner countries visa and hassle free provided they visited Thailand first. This would throw on Thailand a very heavy responsibility for approval and security across the region, perhaps too heavy for potential rivals to swallow. A Pan-Southeast Asian Zone would certainly transform international tourism – and potentially business – throughout the region. But don’t bet on it.

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Barry Kenyon wrote: Tue Apr 09, 2024 4:05 pmCommon visa policy for Thailand and her neighbors a distant dream
Thailand can't even coordinate its own visa policy, as can be seen by the numerous different visas and illogical differences in the rules between the different visa types.

I've got very little interest in this common visa idea.
As it stands, any visitor can spend an unlimited time in ASEAN, just by crossing borders when the time is up.

Perhaps, if they have a 6 month ASEAN visa that is offered as an alternative to the existing arrangements it might be helpful. Anything else isn't.
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Foreigners, even you will need a TM-30 receipt in your passport if you need to go to immigration. Make sure your hotel provides it for you. The powers-that-be say that enhances security. I wonder if it really does.

In my opinion it is ridiculous to be pushing Thailand as a great holiday destination, but along with it make things difficult. I wonder how many tourists would even be aware of the TM-30 rules and end up finding out the hard way if they have to do anything at immigration.
_____________________________________________________

Updates on Thai immigration’s TM30 address notification form

By Barry Kenyon

April 12, 2024

Following many requests to Pattaya Mail, we provide below a question and answer session based on our recent checks with the authorities. You should notice that local immigration offices have some discretion about the detail and we have given examples. If in doubt, that’s where you need to ask.

Why bother?
It’s the address form in Thailand for “the housemaster, owner or possessor” of a residence where a foreigner is staying after arrival from a foreign country. It should be filled in and returned to the local immigration bureau “within 24 hours” from the time of arrival at the residence. However, weekends and official holiday periods are excluded from this deadline. The reporting was first introduced in the 1979 immigration act, but is now being enforced on the claim it enhances state security. But, at the end of the day, you personally are responsible for the TM30 – and you need one to obtain any service at local immigration. The fine is 1,600 baht.

Who should fill it in?
Most hotels and some condominiums use the online, dedicated facility to report your arrival to local immigration without bothering you. In return, the hotel or condo will receive by return a dated and written confirmation receipt which you will need when – and if – visiting local immigration to request a service. Alternatively, you can take to local immigration a hotel letter or detailed receipt showing you are sleeping there. If you are residing in a friend’s house or apartment, or if you own your own unit, that’s likely different.

What documents are required?
If you own your own unit, you will need to photocopy the proof – the chanoot or title deed as a rule. Many immigration offices will alternatively accept your yellow book or pink card (a form of longstay foreigner ID which is not compulsory and must be applied for at the local authority office). A rental contract is another possibility, if professionally written. If you are staying with a friend, he or she must provide you with personal ID (Thai ID card or ID page of foreign passport), the blue residence book of that residence and/or the title deed.

How does TM30 affect foreign tourists?
30 days visa-exempt international tourists and holders of 60 days tourist visas (the latter issued by a Thai embassy abroad) will need a TM30 receipt to do any business at local immigration – typically extending their stay without needing to leave the country. No TM receipt: immigration service will be refused until the 1,600 baht is paid and a properly documented TM 30 application is made.

How does TM30 affect long stay foreigners?
Holders of non-immigrant visas, annual extensions of stay, the Elite visa etc are now drawn into the TM30 net. In the old days, they were advised they needed only to report once, no matter how many times they left Thailand, provided they did not change their main residence. That is no longer true and they will need a TM30 receipt – issued since their most recent arrival in Thailand – to renew their longterm visa or annual extension of stay, to apply for or renew a driving licence, open or change bank accounts, possibly request a re-entry permit and any other local immigration service. However, the fine is on a more discretionary basis than for tourists.

What’s the connection with the 90 days report?
You will likely be required to show your TM30 receipt before your 90 days residence report will be accepted. The fine for forgetting to do 90 days is 2,000 baht, though you can submit that form 14 days before or 7 days after the actual completion of a three months stay in Thailand.

Can I be fined at the airport or border?
Thai immigration officers at exit points will examine your passport in case of overstay or damage to the document. They will also check that you are not on a “wanted” list or are trying to leave the country on bail without court permission. They will not check your status with the TM30 or 90 days report. In other words, address bureaucracies come into play when you need a service from local immigration.

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