How can expats effectively manage tax exposure with new Thai tax rules starting in 2024?

Feb 29, 2024
10 months ago
Ken ********
ORIGINAL POSTER
On the whole taxes deal starting in 2024...

theoretically...

What if someone kept the 800,000 in the bank from 2023 (before taxes) and lived just on ATM debit withdrawals mostly.

Wouldn't that really reduce the tax exposure? And also just had the absolute minimum needed for survival coming into the bank.

For me I want to keep putting in 65,000 a month - just so I can eventually get the 800,000 back after a year.

But I wondered if this was another option.
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TLDR : Answer Summary
The discussion revolves around the potential tax implications for expats in Thailand starting 2024, particularly focusing on how to maintain eligibility for a retirement visa while minimizing tax exposure. Suggestions include keeping substantial savings in a Thai bank while relying on ATM withdrawals for living expenses. Various comments highlight the importance of distinguishing between income and savings, the existence of dual tax agreements, and concerns about the Thai government's ability to enforce these taxes. The complexities of proving income sources and the specifics of tax liabilities based on residency status are also debated.
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Martin ******
I am pretty sure I saw they revised the original proposal so that income earned before 2024 was not subject to tax, even if it is brought into the country in 2024 or later. Some of the serious links in this thread confirm this, eg, the linkedin one says "This re-interpretation of the Revenue Code shall apply only to any income derived from 2024 or any subsequent year. Any assessable income derived pre-2024 shall not be subject to this re-interpretation.".

Therefore my understanding is that as long as the money you are bringing in to Thailand was earned before 2024, it is not subject to the new tax. Obviously you'll need a paper trail to prove it, and I assume any inadvertent mixing with 2024 income nixes this, but your account with nothing coming in since 2023 would to me seem to be absolutely sufficient.

Very happily corrected, this seems pretty clear to me.
Jos **************
They will ask you to show it
Dennis ***********
If you are on a retirement visa and travel back to your home country,leave your Baht800:000 in your Thai bank and bring cash back (plus a cushion) to cover your monthly expenses.
Ken ********
ORIGINAL POSTER
@Dennis **********
THIS is really the crux of my post here. In my case. - the plan of leaving the 800,000 in doesn't help in establishing a monthly deposit of 65,000 to get the 800,000 back after the first year of a non-O visa. Interesting tradeoffs perhaps? Getting the 800,000 back allows it get interest in a US bank, rather than none in Thailand. And perhaps that interest income more than offsets the tax that would be paid by continuing to send 65,000 THB into TL for every month into the future? .... Rather then keeping that 800,000 in the bank and doing cash as you say.
Dennis ***********
@Ken *******
You could transfer Baht 400:000 to USA,but you would need that topped to 800:000 2mts prior to visa renewal.As I see it you would need to show the Baht 65:000 per mth for 1 yr Then you could transfer the 800:000 to USA,This way you have proof of the yearly 65:000 per mth deposits.???
Ken ********
ORIGINAL POSTER
@Dennis **********
Yes it seems after 2 months (?) I can draw it down to 400,000... and then 2 months before top it back to 800,000... and continue the 65,000 per month all along. My visa renews in January 2025. Of course topping it off 2 months before would then require putting extra money BACK into Thailand for 2024. If that even matters lol. If it does, maybe its better just to keep the 800,000 and keep it simple.
Dennis ***********
@Ken *******
That's the simple answer to this question,If you miss transfering the 400:000 back at the 2 math requirements,it could jeopardize you visa renewal.
Tom *********
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Christopher *************
Again you are all talking rubbish ,nothing has been decided and the tax rules have not changed
Roberto *********
@Aaron *****
Don't know what you mean by "what it looks like"? What exactly?
Aaron ******
@Roberto ********
summery of the rules and how they will be applied.
Roberto *********
@Aaron *****
**************************************
Roberto *********
@Christopher ************
You've half right. Everything has been decided, and yes the tax rules (certainly those affecting expat retirees) have not changed
Aaron ******
@Roberto ********
is there a good source you are aware of that actually lays out realistically what it looks like?
Ken ******
ATM debit does not involve cost? and maximum limit? and who wants to live just a minimum basic or thrifty life here in thailand?
Ken ********
ORIGINAL POSTER
@Ken *****
Schwab
Roberto *********
@Ken *****
ATM withdrawals are taxable
Pat *****
@Roberto ********
atm withdrawels with a EU card? How they will know?
Roberto *********
@Pat ****
If you use an ATM card in Thailand, the bank who operates the specific ATM will have details of your name and account number. This transaction can be reported to the Thailand Treasury, who can then request under CRS details of ALL your card transactions carried out in Thailand. If there are any "suspicious" patterns you may be asked to explain source of funds. Failure to do this may see your card blocked for use in Thailand
Ken ******
some one interpret as below:

those people

from countries which have

a double tax agreement

with Thailand could still need to pay new

tax in Thailand,

double tax means that you

will receive tax credit for

taxes paid outside of

Thailand. So, if you are

assed as having to pay

usd200 in USA and usd300

in Thailand, In Thailand you

would pay 300-200=100

dollars in Thailand.

anyway the risk is that one still likely to fill a tax report form with income and asset and let authority decide which is taxable and which be exempt. Filling the form could be a tedious process, depending on how it is designed, and whether there is english translation, or chinese? if not, hopefully no.need to seek professional help. And how can one prove whether the remitted income already taxed in other jurisdiction?(for example you have multiple income sources, and some sources already taxed but some exempted due to different tax law in another country )

does double tax exemption imply blanket tax exemption without need for exemption on an item by item basis (income source item/category) or need comparison of individual category, eg investment income, rental collected or simply pensions
Dennis ***********
@Ken *****
And if the Tax form has any resemblance to the Immigration good luck depending WHO audits it.Remenber it's the individuals perception.Nothing is straightforward.
Ken ******
as with many countries, burden of proof is on the tax payer who fill and file the tax form?
Peter **********
Can I ask a question on this topic? If not, then just don’t answer, or mods delete this comment)

I am selling my house this year and move (a big part of) the funds to Thailand to season 800k or a bit more. When I sell the house I will make a huge profit, in 2024, so will this technically be considered income 2024 by the Thai government? Will my money transfer be taxable?
Si ********
The answer depends on when or if you are a thai tax resident for this year - will you be in country for 183 days? if not, then nothing to worry about. if so then be afraid, be very afraid :P
Ken ******
@Peter *********
guess you better ask a thai professional
Simon *******
@Peter *********
I spoke to tax people in Bangkok and they told me that money from a house sale would not be classed as income so would not be taxable
Paul ********
@Peter *********
is this your only home in your country? And where are you moving from?
Peter **********
@Paul *******
Yes. I am from The Netherlands.
Bart **************
@Peter *********
ligt eraan of je in Nederland of Thailand belastingplichtig bent. Indien Nederland: je eerste huis is sowieso niet belast, en al was het je tweede, dan rekent de Belastingdienst met een fictief rendement. Je kunt je huis dus gewoon verkopen, de winst is niet belast. Thailand heeft daar niets mee te maken en zal ervan afblijven als je het overmaakt, want de transactie en belastingheffing erover zijn in Nederland reeds afgehandeld.

Indien Thailand: dan betaal je belasting over het daadwerkelijk inkomen uit vermogen indien je dit overmaakt naar Thailand. Dit was al zo, en dit blijft zo, met het enige verschil dat een jaar wachten met overmaken je niet langer vrijstelt van deze belasting. De waardestijging van je woning is overigens slechts voor een klein deel in het laatste jaar gerealiseerd. Alle waardestijging uit eerdere jaren is niet belast, niet in het verleden, want niet overgemaakt, en ook nu niet, want voor 1 januari 2024 gerealiseerd. Enkel waardestijging sinds 1 januari 2024 is belast (op het moment van overmaken naar Thailand, zij dat nu of in een toekomstig jaar).
Paul ********
@Peter *********
well I believe if it’s your only home you cannot be taxed on the proceeds of selling it if your country has a double tax agreement
Durrant ********
If Thailand want to tax foreigners they will no matter what any of you think you know. Its a brown paper bag country and they make the rules
Chris ****
I’ve visited the tax offices. Even the HQ on Ari. The officers can barely do the simple tax of Thais correctly. Anything foreign and they had to open a huge rule book to check and you think they are going to check which foreigner is filling his overseas income taxes and find the source of income ? AND PUT A PENALTY? They neither have the personnel or infrastructure to manage it. I think one should just avoid these taxes and just file the regular income taxes until it becomes a Visa essential requirement.. It’s just incorrect tax filing. With a penalty. The rules aren’t clear. Until they make it clear ,Not heresy. No need to be proactive about these taxes. I think most foreigners are just too paranoid of having their retirement visas revoked etc.
Eric **********
@Chris *****
ignorance is never an excuse when you end up on the wrong end of the law.
Chris ****
@Eric *********
yeah. I know. Thanks.
Phuket ******
@Chris *****
Chris Bdra if you know ignorance is not an excuse for not knowing the law, then why do you why do you state "it isn't a crime when you don't even understand the crime "........????
Chris ****
@Dirk *******
I will just edit it out as I’m lazy to explain the legalities of Thailand tax filings.
Bob **********
Yes if you started the monthly immediately you’ll have no problem and and far as taxes go no one will really know until the end of the year or next year I cannot believe that they’ll bother with expats living on a pension from a tax treaty country
Giraffe *********
John **********
This is the best info I have found yet on the subject but may not answer your question
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Martyn ***********
the key word in the original post... 'theoretically'.

Until it happens don't worry about it.. I've watched several lawyers youtube videos and the seem to think that it's probably not happening as it will be very hard to enforce. Also other news sources think that the rich and powerful Thai people (who this is actually aimed at) won't allow it to happen and use their obvious influence on the government... my personal prediction it will be delayed and then fade away.
Jarek ************
Has nothing to do with your current account balance but with money made during 2024 and applicable dual taxation rules between Thailand and country of your primary tax residence... Big question is what documents will they require to see.
Paul ********
When I was working here and taking 100,000 baht a month in wages I paid 1900baht tax so what is everyone worried about. This is not the efficient tax system set up in places like the UK.
Todd *********
@Paul *******
‘efficient tax system like UK’ 😂😂😂😂 thx for that
Josh *********
How does the government determine if money brought into Thailand is income or savings?
Josh *********
Yes, and if I understand, it doesn't matter the year it was earned.
James ***********
@Josh ********
even savings must have been income at some point.
Roberto *********
@James **********
And you didn't pay tax on that income? In that case, you'd better declare it and stop your tax evasion
James ***********
@Roberto ********
what a silly comment. 😅
Roberto *********
@James **********
Just the truth. I don't know if any other country which allows money to be brought in tax-free if you wait a year! So your comment is actually stupid
James ***********
@Roberto ********
that’s why this concept is so stupid.
Roberto *********
@James **********
The only thing I've noticed is the stupidity of people making comments in these threads. One dummy the other day said savings from ten years ago will be taxed. The stupidity of people unable to understand basic taxation concepts amazes me!
James ***********
@Roberto ********
there’s nothing normal about what the Thai folks have proposed.
Roberto *********
@James **********
The new proposal merely brings Thailand into line with most other countries. They've closed a crazy loophole that's all.
Roberto *********
@Tony *******
More fear-mongering? Already negated. If someone REALLY wants me to complete a tax return and put a '0' in every space, so be it! But it ain't going to happen!
Roberto *********
@Bradley ********
Unfortunately, many retired expats do sincerely believe they are adding substantially to the Thai economy. They think their 65k a month they bring in is saving the Thai economy. With a mindset like that it's difficult to shift this "we're going to be taxed" notion embedded in their brains!
Roberto *********
@Tony *******
I've been in Thailand for 15 years. Never needed to complete a tax return, and don't have a Tax ID number. Further I have no intention of doing either. If "they" want to audit the 65k I bring in every month, they are free to do it. I've 0.00 to hide!
Tony ********
@Roberto ********
understand what your saying. But i believe the starting point is that you would owe tax on the 65k you bring in for the last 10 years, and you would have to prove with supporting documentation for those 10 years that you have already payed tax in your home country and there is a DTA in place so reducing or negating the tax obligation.
Giraffe *********
@Josh ********
exactly see how many do
Tony ********
@Josh ********
you tell the government via the yearly tax return of all remitted monies, and you supply details of home country tax payments to reduce/negate any payments to Thailand tax office. This has always been the case, just that from now on you cant get tax credit for untaxed income earnt out of country post
***
/2024.
Roberto *********
@Tony *******
I think most people remit pensions or annuities so there's no tax payable in Thailand. No need to even complete a tax return
Tony ********
@Roberto ********
except its better to fill one in, as technically anyone who has stayed over 180 days is subject to a tax audit, and with a tax return this is limited to a 5 year period, where as its 10 years without one. (Not a new rule). Not that i've seen anyone mention being audited. But you also need 3 consecutive returns if you ever want to go down the permanent residence route. But yes 99% of retirees will never have looked into their tax obligations.
Roberto *********
@Bradley ********
I'm 100% with you! All these friggin idiots, the doom and gloom internet trolls telling people they'll be taxed on pensions and savings! Jesus wept! It's the rich they're going after, not the friggin pensioners!
Roberto *********
@Josh ********
Isn't that their problem?
John **********
@Bradley ********
😂 Sensational very true
Ken ********
ORIGINAL POSTER
Roberto *********
What nationality are you? Chances are any pension payments will not be taxed under the DTA in force with your country. Remember tax only applies to untaxed INCOME, not to savings. A lot of misinformation in being spread around the internet
Roberto *********
Wayne *****
@Roberto ********
Yes. Too many scaremongers spreading crap.
Roberto *********
@Ken *******
Don't do anything. There's nothing to prove or disprove until you are asked to provide information. What so many dummies don't realise is the changes to the tax laws are to go after the Thai dollar millionaires who generate tax-free income and have been bringing their money into Thailand using a loophole that has now just been closed. If you listen to the bar-stool experts or the online tax experts who are touting for business you will lose a lot of sleep. The Thai Tax Office are not going after pensioners funds. They could have done this at any time over the last 25 years but chose not to because it's too complex for virtually little or no return.
Gareth ********
@Roberto ********
this is the most sensible post I’ve read on this subject 👍🏻
Ken ********
ORIGINAL POSTER
@Roberto ********
I’m US - this is not pension. I am NOT taking Social Security yet - but could if it would really help in this situation, it would just about cover the 65,000 per month. I have rental and small amount of job income which is taxed, as well savings account that can cover it
Ken ********
ORIGINAL POSTER
How is all that proven and shaken out? I mean my taxes for 2024 wouldn’t even be filed until August of 2025
Dan ********
@Bradley ********
thai tax system is of a voluntary nature, which might seem bonkers to many farang, me included. Buy to say nobody pays tax in unless they work for a large corporation is not so true. Anyone wanting a mortgage or other financial credit product will know rhey have to do a tax return to do so. And there is also another 'tax' paid by small businesses with a visible presence, in the form of protection racket payments to local law enforcement. Which is odd, as last week the police chief said that his staff are all heavily in debt. But if you know where your local police chief lives, go and take a look at his driveway on Friday and see the typical cars owned by his deputies. It doesn't look like they are in debt, but if so, these cars are the cause.
Roberto *********
@Ken *******
You'll need to look through the DTA pertaining to US/Thailand to find what you're looking for, but essentially anything you've paid tax on in the US will not be taxed in Thailand.

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Ally ************
@Roberto ********
Double taxation agreements generally give you a 'tax credit' in the secondary tax regime.. meaning if your income is received and taxed under an overseas tax code.. such as your country of origin.. then any tax you have already paid on that income in said country (which you can evidence) will be offset against the tax that would ordinarily have been payable in your country of residence.. as far as expats living in Thailand is concerned.. it would mean that provided the notional tax assessment under the Thai tax code is less than the tax you have already paid in your home country.. then there would be no further tax to pay on that income.. however if for example your home country had a zero tax rate on income.. then the full amount of this income would be subject to taxation in Thailand.. but the caveat to this is that it is only deemed to be 'income' when you bring it into Thailand.. meaning if you transfer it into your Thai Bank account.. at which point it becomes visible to the Thai authorities.. and my understanding is that all overseas transfers could potentially be treated as income in the current tax year.. despite the fact you could be moving savings you've accumulated offshore.. and said savings comes from income which has been taxed in your home country (or elsewhere) in prior years.. so unless the Thai tax code gets modified before y/e 2024 tax returns have to be submitted.. or until it does.. then imo the safest option for expats married to Thai's.. would be to transfer monies from overseas directly into your spouses Thai Bank account.. which doesn't necessarily make it tax-free.. but it does mean that you don't have to report it as income.. and unless he/she is compelled to file a tax return and self-declare it then it would not come under the expat microscope.. or as has been mentioned elsewhere.. you simply leave the funds overseas and withdraw cash using ATM's as and when needed.. which is clearly a more costly practice (rates/fees) but for people with high income and/or coming from a country with a more lenient tax regime than Thailand.. it could be cheaper than paying the tax on it here.. i think the position will become clearer as the tax year unfolds and the reality of implementing it successfully begins to dawn on the Thai authorities.. so we may ultimately get some respite from it!
Roberto *********
@Ally ***********
Very long-winded response, but a couple of things you're wrong about. Pensions are only taxable in the country in which they're received. End of story. Forget about tax credits. Not applicable to pensions. And whatever gives you the idea that ATM withdrawals will not be taxed?
Ally ************
@Roberto ********
From what I've seen.. the Thai tax code does not grant exemptions based upon the 'type' of income.. meaning whether it's earned or unearned income.. and ordinarily your home country cannot stipulate that 'pensions' cannot be taxed in an overseas territory.. ie. if you are deemed tax resident in that territory.. that is surely for Thailand to decide.. there may well be a special agreement with the USA regarding social Security payments but that does not necessarily mean it will apply in all other territories.. and as far as ATM withdrawals are concerned.. can you please explain to me how the Thai tax authorities will be able to monitor withdrawals from overseas bank accounts made through an ATM.. if your ATM card is linked to a Thai bank account that's different of course.. so i'm guessing they are relying upon people self-declaring such withdrawals.. and how many people are going to do that!
Roberto *********
@Ally ***********
DTAs exist for most western countries, I only know for a fact Australian pension is only taxable in Australia, and likewise the US is the same. So that's pretty clear. If you use your ATM card to withdraw cash, you are aware that your details are stored on the database of the bank whose ATM you are using? So the Thai bank has your name and card number. The bank can report this to the Thai Tax Office who can then request details under CRS of your history of withdrawals in Thailand. If you have a solid history of these, expect to receive a "please show source of funds". The electronic world we live in today, everything is traceable
Ally ************
@Roberto ********
And with ten zillion atm transactions daily they will surely have the resource to handle such a reporting structure.. having worked in the banking industry for a good portion of my career i can tell you such a system is frought with problems.. and by the time somebody actually gets close to a working (meaning reliable) model.. income tax as we know it will have been abolished.. and will have been replaced by a single 'purchase tax' applicable to new items only.. which will be a flat rate of around 15% in most countries.. and tax returns will become a thing of the past.. so in that sense this discussion becomes irrelevant!
Roberto *********
@Ally ***********
If you say so! 🤣
Ken ********
ORIGINAL POSTER
@Roberto ********
how about social security in the U.S., if you know? A little different than pension
John **********
The problem is you are still taking money into Thailand. So it's going to depend on whether that money pertains to income you received since 1 January 2024 or not
Ken ********
ORIGINAL POSTER
yes I guess that includes accounting for ATM use then
Ken ********
ORIGINAL POSTER
It all kind of boils down to, for me, keeping the ship as it is, Put in 65,000 a month and just see where it lands later
Roberto *********
@Ken *******
If anyone asks just tell them it's pension. Easy enough.
Ken ***********
@Ken *******
Thailand will monitor ATM withdrawal and credit card purchases.
Roberto *********
@Ken *******
US pensions are not taxable in Thailand. And neither are savings
Eric **********
@Roberto ********
Savings? That’s pretty broad term. Any links or further info?
Roberto *********
Eric **********
@Roberto ********
My understanding is: If it wasn't taxed in your home country and you bring it in you will be taxed. Unless you raid your piggybank and bring in cash...
Roberto *********
@Eric *********
I'm talking about pensions. I'm not sure what you're on about! 🤣🤣🤣
Ken ********
ORIGINAL POSTER
@Roberto ********
yes but I, the OT, am not talking about pensions. I could potentially start taking Social security (not) but I'm doing this out of substantial savings and rental income.
Roberto *********
@Ken *******
If you're bringing in money from investments you will need to declare it, and offset tax payable in Thailand with tax already paid elsewhere. Income of this nature is different to pension payments. Even if you bring in cash, you might have to declare it, same as ATM withdrawals and Credit Card purchases
Sean **********
@Roberto ********
just to clarify, are you saying that US pensions are not taxable at all in Thailand? or are you saying that if filing tax return in Thailand; taxes already paid in the US on pension dollars will be credited on the Thailand tax return?

Second question

If you’re only income is pension, does a Thailand tax return need to be filed at all?
Roberto *********
@Sean *********
This is the example given in the DTA
John **********
@Sean *********
that's certainly how the tax treaty reads but always best to take your own advice. As your pension is not assessable under the thai tax system I don't see why you would
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