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Do retirees in Thailand automatically become tax residents after staying more than 180 days?

Tax ResidencyThailand RetirementVisa and ImmigrationThai TaxationDouble Tax AgreementsForeign Income Taxation
Jan 20, 2024
10 months ago
Derek **********
ORIGINAL POSTER
Retirees in Thailand,

Did you become a tax resident in Thailand?

I heard that if you stay in Thailand more than

180 days, then you become a tax resident?

is that true?
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TLDR : Answer Summary
The question of whether retirees in Thailand become tax residents after staying over 180 days is confirmed as true. Community members discuss the implications of tax residency, including the potential obligation to report worldwide income if one is considered a tax resident in Thailand. Many emphasize the importance of international tax treaties, as they can influence tax obligations based on one's nationality. The conversation highlights that while becoming a tax resident is a concern, many expats believe it doesn't significantly affect them. Links to further resources and legal advice are provided as additional context for understanding the complexities of Thai tax regulations.
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Graham *******
you are tax resident in Thailand if u are here more than 180 days. I can dm u a guide if u want.
10 months ago
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Steve *******
Nope
10 months ago
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Brown ********
Not if you're a tax resident in your home country
10 months ago
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Colin *******
@Brown *******
 Wrong, You can be tax resident in two countries. That is why there is generally a double tax agreement to decide who taxes you on various income sources. E.g. US citizens are always tax resident until they give up their citizenship, even if living OS for 20 years!
10 months ago
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Brown ********
@Colin ******
 yeah I can't see how they can tax you on money that's already been taxed
10 months ago
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Colin *******
@Brown *******
 that's really easy. Let's say you pay 15% tax in the home country and the same income would be 25% tax in the host country, you pay 10,% tax in the host county. Too easy 🤣
10 months ago
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Brown ********
@Colin ******
 well I don't have to fret about that being aussie
10 months ago
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Brown ********
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Franky **********
Depends your nationality. Depends agreements.
10 months ago
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Galenus ******
Yes
10 months ago
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Phil ******
@Galenus *****
 no
10 months ago
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Galenus ******
@Phil *****
 yes!
10 months ago
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Phil ******
@Galenus *****
 get professional advice as your wrong

From a Lawyer in thailand

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10 months ago
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Galenus ******
@Phil *****
 I don't know if you listened to that guy or just read the headline only. At the end he admitted it's better to ask a professional 😂😂😂
10 months ago
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Phil ******
@Galenus *****
 yes. I do listen to him as his channel has lots of interesting vids on immigration and its up to date. We all don't know about this including him.
10 months ago
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Phil ******
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Duncan *******
10 months ago
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Damo ***********
**************************************************
10 months ago
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Ken ******
lots of youtubers on this topic or google search to find some guidance or info from thai tax experts or lawyers
10 months ago
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Phil ******
@Derek *********
 no you are way off the mark. Please delete your post before someone believes it's true and has a heart attack

From a Lawyer in thailand

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10 months ago
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Joe *********
Yes
10 months ago
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Tohksic ******
The 1,254,654th retarded thread about this Chicken Little nothingburger issue (for 90% of Western expats).
10 months ago
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Martin *****
Not if you are paying taxes in your home country
10 months ago
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Colin ********
@Martin ****
 Thai tax is 7% compared to 22% in the UK, why would I want to pay UK tax? 😄😄
10 months ago
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Todd *********
@Martin ****
 lol, that's definitely not how it works Martin....
10 months ago
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Jo **********
@Todd ********
 wrong
10 months ago
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Todd *********
@Jo *********
 one can hope. But you wouldn't want to bet on it
10 months ago
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Todd *********
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Martin *****
@Todd ********
. It does. If you pay taxes in your home country and you can prove you are fine. If not show me prove its different
10 months ago
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Charles ********
@Martin ****
 you will want to reference Germany Thailand tax treaty (I assuming you are German). That treaty is a bit more weighted to Germany than others. If you are consider a tax residenct of Germany and you have permanent home there with closer economic ties, then it does give you a skategoat from being a Thai tax resident.

Most treaties are not so lienent though, and I'd you don't have a permanent home there, then you would be still need to pay tax in Thailand. See the treaty that applies to you for more information.
10 months ago
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Martin *****
@Charles *******
 . You dont have a clou whats it's all about. First off all the whole tax rule is not in progress now. The whole idea behind is that rich thai people would bring there money abroad back into Thailand to keep the thai baht strong. Look what happened in December? The thai baht became strong against foreign currency. Now it's dropping again. By the way I am not german but Dutch 😁
10 months ago
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Charles ********
@Martin ****
 I know exactly what's going on. There was a minor reinterpretation in tax law (Paw 161/2566)
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) https://www.rd.go.th/fileadmin/user_upload/kormor/newlaw/dn161A.pdf

It's a minor change. Many people, especially retires were likely already responsible to pay tax under the law in previous years.

As most people in the groups come from counties that have tax treaties with Thailand, those apply the same.

I did pull up the neatherlands treaty, it's actually the most unique one I have seen. As a quick glance it doesn't have a competing residency clause.
10 months ago
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Todd *********
@Charles *******
 Martin does not understand how tax treaties work at all. We are not gonna be able to teach him here
10 months ago
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Will ************
@Martin ****
 you will pay the tax differential amount in Thailand
10 months ago
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Will ************
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Will ************
There won’t be an option before long, it is thought that when extending your visa you WILL get a Thai tax number and have to report worldwide income such as pensions, dividends, capital gains. Thailand has signed up to Common Reporting Standards meaning they are able to access your tax records and bank accounts abroad.
10 months ago
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Christopher *************
@Will ***********
 thats complete BS
10 months ago
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Steve **********
@Will ***********
 just renewed ( extended ) visa...no such thing exists. The extent with which Thailand can access your finances is that generated in Thailand. And confirm those funds from abroad to the extent required for visa, be it the nested or the monthly income from abroad.

* Who starts these rumors !
10 months ago
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John ********
@Will ***********
 Well good, if they can access tax records and bank accounts why would we have to report them?
10 months ago
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Colin **********
@Will ***********
 speculation at this stage
10 months ago
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Todd *********
@Colin *********
 true. But it is definitely coming
10 months ago
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Colin **********
@Todd ********
 yes, it looks that way, but the devil will be in the details, we can not avoid it.
10 months ago
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Colin **********
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Steve ********
@Colin *********
 Actually WILD speculation! The expats who this will probably affect the most will be the digital nomads who live in Thailand on a succession of tourist/ED visas. The effect on retirees (provided they're not dealing in crypto currency) is negligible. The vast majority won't even need tax file numbers
10 months ago
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Steve ********
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Steve ********
@Will ***********
 Wrong
10 months ago
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Steve ********
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Steve ********
Correct
10 months ago
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Brandon ************
This is the rule in many countries. But being a "tax resident" doesn't mean anything to most foreigners in Thailand.
10 months ago
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Paul *************
@Brandon ***********
 one thing I’m taking away from this comment thread is ignore anything
@Peters *****
 says as he will delete it all an hour later once he’s realised he’s full of shit…
10 months ago
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Jo **********
@Peters *****
 wrong
10 months ago
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James ********
@Peters *****
 I think you’ve just been told ! 🧐
10 months ago
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Tong *****
@Peters *****
 rubbish
10 months ago
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Roberto *********
@Brandon ***********
 Totally correct. This is why pensions will not be affected. Pensions are paid in the same year, so they have ALWAYS been tax "assessable". Thai Treasury never bothered looking at them because the potential returns would be so low. They would need to spend millions on staff and software development in order to get back thousands. A total waste of money. But it's good popcorn material reading the comments from some people. The Voice isn't on tonight so I need entertainment! 😆
10 months ago
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Brandon ************
@Roberto ********
 I definitely wouldn't put it past Thailand to spend millions to obtain thousands. But I don't think this is an area that was ever meant to be targeted.
10 months ago
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Roberto *********
@Brandon ***********
 They won't. Any investment in new developments will be spent chasing the Thai billionaires and then fighting them in court. They really have no interest in a relatively small number of expat retirees
10 months ago
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Jo **********
@Roberto ********
 true
10 months ago
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Jo **********
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Brandon ************
@Peters *****
 There is no new Thai tax law. There is a clarification that closed a loophole that many Thais used to avoid paying taxes. The ONLY thing that changed is that income earned in a different year than the year it is sent to Thailand is now subject to tax. Nothing else has changed.
10 months ago
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Angy ********
@Carlos *******
 you avoid taxes if she earn less the amount yearly taxable
10 months ago
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James **********
@Carlos *******
 where did you get this info
10 months ago
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James **********
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Paul **************
@Peters *****
 absolute bullshit
10 months ago
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Dirk **************
@Peters *****
 absolute nonsense. This is why Thailand has bilateral tax agreements with other countries.
10 months ago
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Marvin *********
Dirk C. Wendtorf No. Because in the most cases no DTA is activated because the Thai revenue department do not want taxes if your are taxed in you homecountry. Also they could cause the DTA give them the right to tax some kinds of income. But they do not give exemption if you pay nothere taxes.
10 months ago
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Marvin *********
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Roberto *********
@Peters *****
 Totally wrong
10 months ago
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Roberto *********
Reply
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