Can tourists stay in Thailand over 180 days and file a tax return?

Aug 30, 2024
4 months ago
Ian *********
ORIGINAL POSTER
So, has anybody yet actually stayed over 180 days as a tourist, and filed a tax return?
6,107
views
8
likes
214
all likes
104
replies
1
images
18
users
TLDR : Answer Summary
The discussion centers around the new tax guidelines in Thailand affecting expats who stay more than 180 days as tourists. Many commenters explain that no one has yet filed a tax return under the new regulations since the guidelines only recently came into effect, with the first returns due in March 2025. There are concerns over the enforceability of these rules, especially for those who primarily receive pensions or other non-taxable income. Various opinions about the tax obligations and methods of proving income for retirement visas are also shared.
NON-O RETIREMENT VISA RESOURCES / SERVICES
  • Go to the Retirement Visa Section for information on requirements, including age restrictions, financial requirements, and necessary documentation.
  • For immediate assistance, contact Thai Visa Centre directly via LINE at @ThaiVisaCentre or Email them.
  • Explore recent discussions by using the Non-O Retirement Visa tag in the search box at the top of the page.
  • Join the Thai Visa Advice Facebook Group to ask your questions, and get advice from others.
Andreas *********
No, it didn't happen, yet. Tax declarations need to be turned in from January 1, 2025 , thru March 30
Marty *********
A recent interview about the tax issues

************************************************
Andreas *********
@Marty ********
interesting just for American citizens. This video is absolutely useless if you are not an American citizen
Gert *******
the key phrase here is "when income brought to thailand" ... what does that even mean? so if you don't "bring" any income to thailand.. there is no tax to be paid?

we don't necessarily need a thai bank account do we? we can just pay everything with an international credit card. Why would we even "bring" income into Thailand?
Poul **********
@Gert ******
how can they actually track intl credit card spending? I know they do it in Europe where your personal data, including bank details is available for tax agencies. But how can Thailand link your foreign card to your person ?
Michael *******
CRS - common reporting standards banks will share all transactions with TRD, amounts involved will determine how far up the list you are…..most will fly under the radar
Gert *******
@Poul *********
too many questions at this point. disappointing to be honest. how difficult can it be to bring clarity?
Conny **********
@Gert ******
using a card is considered bringing to Thailand. They count all transactions in Thailand.
Leon *******
@Conny *********
Using a foreign card for an ATM withdrawl is not considered bringing money into Thailand. This has been confirmed by an accountant.
Conny **********
@Leon ******
and on a tax seminar with the revenue department they pointed out that it was ...
Gert *******
@Leon ******
there you go. still so many questions and conflicting information. And to avoid high ATM fees, you could send money to a bank using a service like Remitly and then collect the cash in that same bank. I wonder if this would be considered "bringing" money into the country, and if it does, will they trace this?
Kim *********
@Gert ******
I know nothing about this but one question if I may : those on non-o based on marriage or retirement and use the monthly option - that would be considered bringing money in - right?
Gert *******
@Kim ********
i have no idea
Gert *******
@Conny *********
so how is this practically going to happen? how can they ever have access to this?

OR: what if you just get money from the ATM ?

do they have a system set up that can reproduce all these transactions? is this a WORKING system or does it only exist on paper? so many questions..
Eric **********
@Gert ******
Not to mention how many languages? I find it hard to believe the Thai tax folks have the infrastructure to deal with the enormity of the situation.
Gert *******
@Eric *********
im afraid if this madness goes through we will have to hire a translator and an accountant. Im not against paying tax, i'm against all the hassle that will come with it.
Eric **********
@Gert ******
Exactly. My tax return in the US last year was 162 pages!! Good luck making sense of that. I barely understand it.
Conny **********
@Gert ******
have you ever identified yourself in any transaction with that card or account that is connected to it?

And I am not talking about the Thai government.
Conny **********
Yes. For some of us it's definitely worth too get away from our home country tax system...
John *******
Yes. The 180 day rule has always been in place. I filed every year when I was working at the Uni in Pathumthani. Now that I am retired and collecting US SS, I do not. I also no longer work at the Uni (VRU).
Jo **********
@John ******
good sense. Everyone is getting all worked up when the law has always been there
Peter *********
@Jo *********
exactly jo
Jim ********
Visa status makes no difference to tax. Depending on how much money people are bringing in, depends on whether they're assessed or not. Expat retirees generally only bring in pension, so they won't be paying any tax, and in all likelihood won't have to file a tax return
John **********
@Jim *******
if you bring in assessable income while tax resident you need to file a tax return. That's not the same as taxable income from a Thai perspective. If you don't file a tax return you can't claim any of the benefits provided by any relevant DTA
Michael *******
Or how nasty TRD wants to be if they catch you 🤔
Jim ********
@Michael ******
It's Thailand ffs! There's no "catching"
Michael *******
the blob is getting smarter by the day it’s all in the web - feeling lucky ?
Jim ********
@John *********
I would only need the benefits of the DTA if I filed a return. I haven't done one in 15 years (same as about 50% of the Thai population), and have no intention of filing one now. When I switch to DTV next year it's all academic anyway
John **********
@Jim *******
what visa you're on has no bearing. You bring assessable income into Thailand while a tax resident you are required to file a tax return. What you've done for the past 15 years is irrelevant
Jim ********
@John *********
I agree. The DTV has no requirement to transfer money to Thailand. No transfer records no tax!
John **********
@Jim *******
depends how honest you want to be I guess
Jim ********
@John *********
Or how smart? 😆
Peter *********
@Jim *******
correct mate 👍
Jo **********
@Jim *******
exactly!!!
Giraffe *********
Michael *******
I filed last two years and got tax refund for interest deducted by bank on savings we keep here for retirement visas - as from next year DTA kicks in so should be a wash, or small amount payable…….we only pay tax on what we bring in each month to satisfy retirement visa requirements
Kel ********
@Michael ******
what’s the 65k per month method?
Michael *******
It replaces the 800k in the bank, essentially you need to show 65k a month for 12 consecutive months up to point of visa renewal, you also have to ensure you keep the 800k for three months after your previous renewal of you used that method - this applies to retirement visas - some countries will allow their embassies to provide an affidavit showing income, depends on your passport
Tomas *****
@Michael ******
This is news to me. The 65k monthly, meaning how much money one transfers to a Thai bank every month? Or do ATM withdrawals count toward that?

The reason I ask is because I never use the money transfer companies. Only withdraw from ATMs when I need cash.
Jim ********
@Tomas ****
The 65k is money which is transferred into a Thai bank account. I've used this method for years. It beats the 800k method, as the 65k can be spent as soon as you get it!
Michael *******
@Tomas ****
banks and tax authorities have sight of that through CRS (common reporting standards) a system pushed by US and OECD to prevent tax evasion and money laundering will it be rigorously enforced here who knows they will pursue the big fish first, we are small fry
Ian *********
ORIGINAL POSTER
@Michael ******
interesting!🙏
Jim ********
@Michael ******
I've never kept savings in Thailand as I use the 65k per month method, so never got interest, never paid tax. And still won't be paying tax in the future
Michael *******
If you use 65k method, max tax you will pay after allowances assuming you have a spouse and med insurance is 15k a year….
Michael *******
what happens if at some time in the future Immig ask for a tax clearance cert before issuing a retirement visa - simple - agents and immig officers get rich, and the bribes may end up being more than the tax due every year -it’s a personal choice…..
Michael *******
@Jim *******
that’s your prerogative and I suspect many will do the same, experience in many other parts of the world tells me that the tax man is relentless, and back tax and penalties can be painful - not something I want to put myself and family through at my time in life for the sake of 10-15k per year……what happens of h
Jim ********
@Michael ******
I've been in Thailand for minimum 180 days for the last ten years. It's never been a problem. And it won't be a problem now. There will be no "back taxes" because I only bring in pension money. How can anyone tax $0?
Peter *********
@Michael ******
you forget this is Thailand 🇹🇭 the back handers rule lol 😆
Michael *******
@Peter ********
sure but that’s a gravy train that never finds the end of the line 🤔😊
Peter *********
@Michael ******
they promise many things and 90% fail ie lookat the handling of the
*****
baht digital wallet for all thais and who actually is the new priminister the daughter or her father ?
Michael *******
@Jim *******
we move to that next year and as I have paid tax in the Uk it’s a wash, still have to file a return though
Ian *********
ORIGINAL POSTER
@Michael ******
What does ".. it's a wash" mean?
Tomas *****
@Ian ********
It basically means the two options/actions result in the same outcome
Michael *******
Tax changes are being driven from outside Thailand is the subtle difference, US and others want to close tax havens around the world, and Thailand has signed up so big fish will h
Michael *******
@Tomas ****
subtle difference is that 800k brought in before 2024 is not taxable, the 65k a month effective this year is taxable for those that choose to register for tax, although tax you have paid on this amount in your home country is offset against tax due here, acts as a credit.
Jim ********
@Michael ******
For most people bringing in 65k a month, this is pension money and is therefore only taxable in the home country
Jim ********
@Michael ******
If you want to file a return that's your choice. You got yourself a Tax ID so you've already announced yourself. I've been here for years and never had one, and have no intention of getting one!
Michael *******
@Ian ********
I pay more tax in home country and that acts as a credit against Thai tax that’s due
Peter *********
No and never will
Jim ********
@Peter ********
I agree. Thailand is strapped for cash. I can't see them spending thousands to recover hundreds!
Peter *********
@Jim *******
they will also scap the digital wallet for thais soon lol 😆
Graham *******
under the new rules the first return is due March 2025 for 2024. so as yet no own will have done one.
**************************************************************************************
*******
/FOREIGNERS_PAY_TAX2024.pdf
Jarek ************
Nope, keeping track of my days spent here and spending rest of time elsewhere...
Peter *********
@Jarek ***********
its never going to happen
Jarek ************
@Peter ********
ya, just like they were never going to go after companies setup for sole purpose of property ownership - tons of people in Phuket found out otherwise. The governments need money and will go out of their way to get it. Why take the risk? I don't mind spending 6 months enjoying other places :)
Jim ********
@Jarek ***********
If a foreigner is stupid enough to buy property in Thailand they deserve everything's that comes their way. Pensions are protected by DTAs. Won't make any difference to most
Jarek ************
@Jim *******
lots will depend on the DTA, as far as buying property goes that is a whole different issue. If one is planning on living here over 20 years than in my opinion it can make sense :)
Jim ********
@Jarek ***********
I would never buy property in Thailand. I use negative gearing to buy properties in Australia where I know they will return a healthy income as well as a substantial capital gain. I've already been here 15 years and have moved five times because I get to see the faults and problems of where I'm living. Building workmanship is shoddy, and buildings deteriorate very fast, meaning lower standard tenants and investors. Too many taxation issues in Thailand. I prefer to pay rent here and have the flexibility to change when I want to.
Jarek ************
@Jim *******
sure that is understandable, however I have decided to cut down all of my ties with Canada due to the corrupt Nazi government that is making the country worse day by day. Not going to support their BS....
Jim ********
@Jarek ***********
I only maintain ties with Australia because it suits me financially. I don't give a stuff about governments or politics. I'm retired and when I retired I decided my life is now all about ME. Australia offers terrific concessions to Aussie Tax Residents and because of that I will never cut my ties, to do so could potentially cost me hundreds of thousands of dollars
Darren *******
@Jim *******
varies from DTA to DTA. Some will cover all pension types whereas others will only cover state pension, thus meaning any private pension you have is considered taxable if you're a tax resident.
Jim ********
@Darren ******
Yes, and the important thing is to remain a tax resident of the country which pays the pension. Australia has a great DTA, and a very easy formula to retain tax residency, so Aussies have the control element on their side. I understand the UK DTA is pretty bad, but the USA and most European countries are pretty right. That's why I said it won't make much difference to MOST, but there'll always be the exceptions
Peter *********
@Jarek ***********
retirees think they will leave alone as no income apart from pensions
Iñigo ************
The law is highly unlikely to be enforceable... Unless you are receiving or transferring over 2 million baht.
Graham *******
@Iñigo ***********
I have read nothing that would support your claim.
Iñigo ************
@Graham ******
I know. My claim is based on speculation but keep in mind it's Thailand and not China.
Graham *******
@Iñigo ***********
speculate all you want. I cannot take it to the bank.
Ian *********
ORIGINAL POSTER
@Iñigo ***********
why do you think that?
Iñigo ************
@Ian ********
because the law was made for Thai millionaires that are doing money laundering etc through crypto.

Second reason is... They don't have the manpower and resources to check every expat and Thai person and find them and force them to pay tax and fines.

And I mentioned 2 million baht which could be a bit more or less and probably also depends on frequency of transfers. The bank system puts like red flags on these accounts, which will probably be checked by the Tax department.

Someone mentioned Ai might check everything... But it's Thailand. Their fingerprint system in the airport doesn't even work 100% correctly

But this is just all logical speculation. I have no bullet proof evidence for my claims
Ian *********
ORIGINAL POSTER
Surely somebody has left the country by now, after spending more than 180 days here, if so, were they told anything about filing a tax return when they departed, i wonder?
John **********
@Ian ********
nothing to do with immigration
Brandon ************
@Ian ********
why would they be told that? Immigration has nothing to do with taxes. And tax returns aren't due for about 8 months. You don't do your tax return until a year is over.
Peter *********
@Iñigo ***********
correct mate 👍
Michael *******
@Iñigo ***********
very naive keep your bags packed 🤔😊
Jarek ************
@Iñigo ***********
with CRS, sooner or later they can throw AI on it which could easily get you into trouble. Not worth the risk.
Frances ********
@Jarek ***********
what’s CRS? Can’t Remember Shit? 😅
Jarek ************
@Frances *******
*********************************************************
Jim ********
@Jarek ***********
You really believe they're going after a few thousand expats when there's 25 million Thais that don't file a tax return? 😆😆😆
Jarek ************
@Jim *******
most of those Thais make next to no money and they do not live in houses/apartments that cost tons of money. Who do you think owns most of the expensive villas in places like Hua Hin and Phuket?
Jim ********
@Jarek ***********
In Phuket it's the Russians who are buying up big. No idea about Hua Hin. I will never own property in Thailand so I guess the tax office won't be interested in me!
Jordan ********
@Jim *******
expats have money. Lots of Thai people are dirt poor. The government wants money. Why would they go after dirt poor people for something they don't have?
James **********
@Jordan *******
the USA has billionaires and does not go after them. The poor are easy to squeeze 😔
Jim ********
@Jordan *******
Yeah but let's be honest, most expats are Cheap Charlies who can't even afford the 800k for the retirement visa, and have to go scurrying to an agent to get over the line! Hardly the "millionaires" which the government is chasing! 😂
John *********
@Jim *******
Not a supercilious tosser like you you mean.
Jim ********
@John ********
Just speaking the truth. Never had the need to be scammed by a visa agent. I pay my own way and have a great life! I guess you're in the Cheap Charlie bracket huh?
Elías ********
@Jim *******
I don't know if "most" is correct, but yeah, definitively there a lot of "poor" expats who barely can afford even an accommodation.
Ivan ***********
No, it is most ...
Brandon ************
No because the new guidelines didn't start until this tax year which means the tax returns are not due until next year
Ian *********
ORIGINAL POSTER
@Brandon ***********
Actually may i add to/ amnend my question - if someone were to spend, lets say 210 days here this year, leave, and come back next year on a DTV - how and what would be the process to file a tax return for this year, and would it be necessary! 🙏
Bob **********
@Ian ********
nobody can answer because nobody knows real doubt Thailands tax department has the personnel to handle collecting from the Thais no tax LAWS have changed
John **********
@Ian ********
once your assessable income reaches 120k baht in a year where you are tax resident you need to get a TIN from your local tax office. After 1 January and before 31 March you need to file a tax return for the year just gone. You can file online or at your tax office
Toni ********
@John *********
does that include personal transfers into your own account from another county?
John **********
@Toni *******
if you're transferring income then yes
Brandon ************
@Ian ********
I'm not a tax lawyer, I don't know
Thai Visa Advice and Everything Else
... members · 60% approval rate
The Thai Visa Advice And Everything Else group allows for a broad range of discussions on life in Thailand, beyond just visa inquiries.
Join the Group
Thai Visa Advice and Everything Else
View the Conversation
Thai Visa Advice and Everything Else