Can I obtain tax residency in Thailand with a Non-Immigrant O visa considering my travel plans?

Tax Residency Non-Immigrant O Visa Thailand Immigration Retirement Visa 180 Day Residence Rule Phuket Expat Taxation

Oct 24, 2023

a year ago

ORIGINAL POSTER

Hello, we plan to move to Thailand in the second half of June, next year, staying until the end of July 2025. We have 2 daughters that will attend school and we plan to travel outside Thailand during school breaks, we will settle down in Phuket. My question is regarding tax residency, having a Non- Immigrant O visa (retired & dependant) would it be possible to get the tax resident certification for 2024 and 2025? I know we must live in the country more than 180 days each year, but I don't know if tax authorities accept short vacation trips or they will count literally how many days we spend in Thailand during 2024 & 2025. Many thanks for your help!

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TLDR : Answer Summary

The user plans to move to Thailand and stay for more than 180 days to obtain tax residency with a Non-Immigrant O visa. They express concerns about how the Thai authorities calculate the 180 days, particularly regarding the impact of short trips outside Thailand during school breaks. Comments suggest consulting legal advice and highlight uncertainty around new tax laws. Some contributors clarify that residency is typically counted based on physical presence in Thailand, implying that days spent abroad should not detract from the 180-day requirement.

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Mariana ********

ORIGINAL POSTER

Thanks all for the feedback. Yes, I'm aware about the changes in taxation and we are considering all the possible scenarios. Anyway, my question is how Thailand authorities count the 180 days needed to be considered a tax resident, because if they discount the days that we plan to be out of Thailand on vacation, I won't reach the minimiun days required. Thanks!

a year ago

Brandon ************

@Mariana *******

why would the days you're not in the country count? It's counted by your presence in the country.

a year ago

Mariana ********

ORIGINAL POSTER

@Brandon ***********

I would like to assume that but want to make sure that Thai authorities will not count days of residence based on stamps in passport. Thanks!

a year ago

Reply to

Mariana ********

David ********

Is there a reason you want 'tax residency' in Thailand?

As someone mentioned the tax situation is a bit up in the air, but the usual way to go for retirement is to put 800K baht in a Thai bank account and leave your method of income between you and the country you earn it in (in fact, a retirement visa assumes you are retired, so while running a business in the West while on a retirement visa is not unheard of, there's not a zero chance that could cause you issues in some immigration offices.)

Keep an eye open for any new tax law chances in Thailand (of which there is recent talk of doing, but not a lot of verified details as to what the effect on retirees might be ... Probably none but no one really knows) and if you can afford to put away 800K bath for the year you plan on staying, then for now assume you're going to do that ... You can take the 800K out when you end your 'retirement'.

a year ago

Steve ********

It sounds like you want to be tax residents of Thailand. You are aware that money generated in your home country will still be taxed there (possibly at a higher rate) irrespective of your tax residency?

a year ago

John ********

Consult an Attorney in Thailand. That is your best option for information, not FB

a year ago

Brandon ************

For the most part it shouldn't matter if you're on a retirement visa. There's some talk of a new tax on money transferred into Thailand starting next year but no one knows who it will apply to, or any details about it because none have been released. It's likely the government still doesn't know yet either.

But most people assume it won't affect those on a retirement visa. Just keep an eye on the news.

a year ago

Paul *******

Hey Brandon, I was just in Thailand from a trip from Cambodia, and was talking to a lawyer agency that does the 5 year elite visas( btw, she confirmed the new 5 yr price is 900,000bt ) Anyway , she did bring up the discussion about income sent into a Thai bank would most likely be taxed if you stay over 180 days. I asked if this included pension income and she could not give me a clear answer, meaning she didn't know either. However, she did send me a tax levy percentage bracket of income brought in. I could forward it to you, however, I won't reply to any other Qs, as not only do I not know the answers, but I am also currently with only limited data traveling.

( I.m sure more will be known later when/if authorities announce it) It was unclear from her if this tax included pension income. For that matter, we were discussing the 5 year elite visa as well when she mentioned this new tax proposal. It also brings up the question that was asked about how they will determine the 180 days; I wish I had asked.

a year ago

Reply to

Paul *******

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What are the implications of staying in Thailand for more than 180 days in a calendar year?

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