Answered2 years ago
Can I apply for two Non-O visas in one calendar year while retiring in Thailand?
Hi, I'm from the UK and planning retirement in Thailand. To avoid initial tax liabilities on my income, i plan to stay less than 180 days this calendar year.
How many non O visa's can i apply for? Plan is to go for 3 months from March and then another 3 months from October. Can i apply for 2 non O visa's in that time frame? Thanks.
How many non O visa's can i apply for? Plan is to go for 3 months from March and then another 3 months from October. Can i apply for 2 non O visa's in that time frame? Thanks.
Answer summary
A UK expat planning to retire in Thailand is inquiring about applying for multiple NON-O visas within a calendar year, specifically wondering if it's possible to apply for two separate visas for three-month stays in March and October while staying under 180 days to avoid tax liabilities. Community members generally confirm that applying for two NON-O visas in this timeframe should not pose any issues, and suggest considering a one-year extension with re-entry permits if maintaining the required funds in a Thai bank is manageable. The discussion also touches upon tax implications related to foreign income and capital gains, emphasizing the importance of understanding the laws regarding taxation on remittances to Thailand.
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Stephen ********
Do your NON-O when you actually plan to retire here. Before that you can enter visa exempt and extend for the 90 days that you require this year
Pål *********
Since we get 60 days on arrival and can extend for another 30 days, do we need visa if we split up like this?
Roberto *********
Your overseas income has nothing to do with Thai taxation. You're another one who's listening to the bs being spread by tax agents touting for business
Andy ********
OP@Roberto ********
at the moment it's all unclear, so I'm just checking options and doing due diligence just in case.Roberto *********
@Andy *******
It's not unclear at all. If money you bring into Thailand has already been taxed, under your country's DTA it cannot be taxed twice. However, if you haven't paid tax, it becomes assessable income in Thailand and will probably be taxed hereJim ********
@Bart *************
Until money enters Thailand, it's nothing to do with Thai taxation, irrespective of DTA or residency.Bart **************
@Jim *******
I agree this is the outcome. All I said is that it's not as straightforward as it was initially put, as if Thailand doesn't have any interference with such transactions in the first place. My point is that the Thai jurisdiction is applicable, if the person in question is a Thai resident for tax purposes. If some DTA or the jurisdiction itself then waives the tax, on whatever ground, then that's the outcome of the story. It's not a triviality per se.Jim ********
@Bart *************
You'll find @John *********
is correct. Any capital gain in another country is not taxable in Thailand until the proceeds from that sale are transferred into Thailand, and even then any tax already paid is a deduction against Thai tax, which for many countries might mean no tax is payable in ThailandJim ********
@Bart *************
You'll find with a capital gain, any CGT will be payable in the country where the gain was realised.Jim ********
@Bart *************
What do you define as a country where you "primarily pay your taxes". This term isn't used in any DTARoberto *********
@Bart *************
You don't need to "explain" because you don't make the rules. I follow the official rules. But good to see you back-pedalling over your ridiculous statements! 😂Bart **************
@Roberto ********
I do, you still don't. Never mind, not gonna explain again.
John **********
@Andy *******
it doesn't matter when you sell the asset, it's when you bring the income (capital gain) from that asset into Thailand.John **********
@Roberto ********
very misleadingBart **************
@Roberto ********
in your case I think it is the DTA that determines you owe tax over the transaction in Australia. But it's certainly not a triviality.Some people have no idea. You said that to the mirror I suppose?
Bart **************
@Roberto ********
Thailand's unimaginably stupid tax principle that only remittances are taxed, is what makes your transaction tax free (if you live in Thailand and if the applicable DTA appoints Thailand for this particular type of transaction). This doesn't take away that the transaction, if the DTA appoints Thailand, is subject to Thailand's tax laws. So the way you just put it, that Thailand has nothing to do or nothing to interfere about a transaction only because it was effected elsewhere, is untrue.In countries without the said unimaginably stupid remittance principle (a group that Thailand is also joining by the way), you just owe tax over the profits (subject to DTA).
Roberto *********
@Bart *************
Yes, and the country where the capital gain is realised is the country where the tax is paid. The OP is on a retirement visa. Foreigners are only assessed on remittances sent to Thailand. Anything else which remains in another country is beyond the reach of Thailand. Honestly, some people have no ideaBart **************
@Roberto ********
lol, all I'm saying is that a country where you're primarily tax liable has everything to do with your capital gains. It takes you an exemption in a DTA to not be tax liable for it.Your reply says more about your own capacities than mine.
Roberto *********
@Bart *************
I think you need to read up on tax laws. You're way off the markBart **************
@Roberto ********
if you live in Thailand but make money from selling an apartment elsewhere, it has everything to do with Thailand. If that's where you live. It comes down to the applicable DTA where you owe tax over that particular transaction, but you can't state that a country where you primarily pay your taxes has nothing to do with it.Roberto *********
@Andy *******
Yes, in the country where the asset is held. What does that have to do with Thailand. I sold an apartment in Australia last year and made a profit of AYD$500,000. That's assessable as Capital Gains Tax in Australia. What the f*ck does that have to do with Thailand?Andy ********
OP@Roberto ********
if i sell an asset the year before i spend more than 180 days in Thailand it's not taxable, if i still an asset the same year I'm there, then it's taxable income ...
Bent *************
The salaries in Thailand are extremely low!
Tony **********
@Bent ************
just enter after July 1 and problem solved.
Randy ******
What about the next year? And the year after
that? Can’t apply for these type of visas for ever
that? Can’t apply for these type of visas for ever
Andy ********
OP@Randy *****
next year i probably will stay more than 180 days. This year is the issue as i will be selling assets, and putting the 800k in a Thai bank
Maneerat ************
Graham ******
Yes you can, I spend close to 6 months in Thailand on Non-o's doing just that (London Embassy)
Andy ********
OPGraham Seal thanks, the only issue for me is accommodation. I did plan to rent a condo, but i would be paying for the 3 months i wasn't there. How do you manage that?
Tony **********
You could also just do the 1yr extension (getting reentry permit(s) when you leave) if the ฿800k sitting in a Thai bank is not a burden for you
Andy ********
OP@Tony *********
thanks, i was considering that, but don't you have to do 90 day reporting from inside Thailand?Tony **********
@Andy *******
your 1yr occurs when you're close to your 90 day expiry. Observe you get your extension, the 90 day report resets when you renter the country.Tony **********
@Andy *******
yes. And more that if you stay less than 180 in 2025, then the 800k and any startup money you bring in will not be taxable in 2025.Andy ********
OP@Tony *********
ok i see, so i could stay for 4 months initially with the extension, and then when come back in November the reporting period will restart.
Brandon ************
That's up to the embassy to decide, but you shouldn't have any issues with that plan.
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