Is an LLC owner tax liable in Thailand if they do not remit money from the company while staying for over 180 days?

Jul 27, 2024
4 months ago
Radek *******
ORIGINAL POSTER
DTV and taxes. Looking at this document, if I'm the owner of LLC based in CZ, and that company has revenues and pays corporate tax in the Czech Republic, and I never bring that *company* money into Thailand (ie never use the company card), but use my own, personal card / savings instead, I assume that the income should not be taxable, even if I stay for 180+ days.

Right? :-)
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TLDR : Answer Summary
A user inquired about their tax liability in Thailand as an LLC owner based in the Czech Republic who stays in Thailand for over 180 days without bringing any company income into the country, merely using personal funds. Comments clarified that residing in Thailand for more than 180 days typically establishes tax residency, which makes one liable for taxes on income remitted to Thailand. However, many pointed out that only income brought into the country may be taxable, and certain exemptions and tax treaties might apply to prevent double taxation. Discussions also touched on the complexities surrounding tax ID requirements and other related tax obligations for expats.
DTV VISA RESOURCES / SERVICES
Peter *******
It would be appreciated if anyone has a view or could comment on my own personal tax situation.

1: I have lived here more than 20 years, and am retired.

2: I am married to a Thai woman

and have a marriage extension of stay.

3: By filing a tax return some ten years ago in order to reclaim the withholding tax from dividends received from trading in Thai companies on the SET, I was allocated a tax ID number.

This was the only tax return that I have ever filed and I have not received any more since then.

At the same time I sold all my holdings.

4: I have an offshore bank account in the UK, from where I remit my savings into my Thai bank savings account; and as

you are already aware any interest

generated on these Thai savings accounts is taxed at 15% and automatically deducted.

I would also be grateful if anyone could confirm the personal income threshold to me; I also understand that in the event that I would have to file a tax return certain allowances are available and tax deductible such as payments to my Thai wife and Thai health insurance premiums.

I look forward to your views.

Thanks.
Frank-Steven ***********
@Peter ******
As to your point 4) if you remit only savings from before 2024, for now you should be tax-free on those, irrespective of any threshold.
Peter *******
@Frank-Steven **********
Many thanks for your response and for clarifying my point 4.

Although I have a Thai tax ID, which has been dormant for 10 years, I am hopeful that I will not receive,or have to complete further tax returns as my situation

remains the same.

Thanks again.
Frank-Steven ***********
@Peter ******
If you will have to file a tax return remains to be seen. Maybe in the future everybody staying longer than 180 days will have to.
Graham *******
I can see that being a compnay director in this situation would be a good way of hiding a persons income and I am sure they will wake up to this loop holes soon. Similarly an offshore trust could be used to hide wealth.
Radek *******
ORIGINAL POSTER
@Graham ******
there's no hiding, I am resident in CZ, company is established under CZ laws, and it must pay 19% corporate tax in CZ. Personal income is taxed by additional 15% *when* it is paid out from the company. The thing is you don't have to pay it out, you can accumulate it and invest it within the company.
Frank-Steven ***********
@Graham ******
That isn’t specific to Thailand. People all over the world and in all countries can “optimize” taxes by creative structures. 😉 But some of those constructs are only worth it beyond a certain threshold - due to their complexity and costs involved.
Graham *******
if a tourist visa or DTV gives the bearer tax free status everybody is likly to drop there visa's and get a DTV and do a few board runs.
Frank-Steven ***********
@Graham ******
As I said. Very unlikely to be the case.
Graham *******
I would like to throw another spanner in the works. Could it be claimed by the tax office BOI and immigration that a person who comes to Thailand and is working for a foreign company, has that person established a branch office of that foreign company?
Frank-Steven ***********
@Graham ******
No. Not as an automatism. There are certain requirements and prerequisites involved of actively opening a representative office through the BOI.
Brenton ******
Money earned prior to 2024 is exempt from tax. That means you are free to bring it into Thailand and you don't need to declare it on any tax returns. You should be able to prove it by bank statements if the tax department comes asking though.
Frank-Steven ***********
@Brenton *****
It may be exempt from being taxed, but I highly doubt that you don’t have to declare it.
John **********
@Frank-Steven **********
if you only bring in savings as above you don't need to complete a tax return
Frank-Steven ***********
@John *********
Ok. Maybe. I don’t know. I would think it makes more sense if people had to do tax returns in any case, declaring all money brought in and then having taxes calculated based on what part was brought in from savings from before 2024 in one hand and from earnings in the other hand. Else, how would Thailand now if people would not even have to do tax returns?
John **********
@Frank-Steven **********
Thailand taxes income, either earned inside Thailand or brought into Thailand. There is a requirement on you to file a tax return if you meet the criteria to do so. The penalties for not doing so are fairly harsh.
Frank-Steven ***********
@John *********
I would assume so. All the more reason why I also assume that even if one only brings money from savings from before 2024 into the country, they would still have to declare a tax return, even though then ending up not having any tax liability. But only this way Thai authorities would know how much you brought in and would get a chance to e.g. ask for proof that those money came from savings pre 2024.
John **********
@Frank-Steven **********
if the thai tax authorities think you are not declaring income they have the right to audit you and that's where the penalties come if you're not compliant. Seems a pretty normal way of working to me. Remember that Thailand has signed up to CRS so they get financial information from your home country and your financial institutions if you are a Thai resident for tax purposes
Frank-Steven ***********
@John *********
As I said: I don’t know how exactly they will organize this forward. In my thinking it would be easiest to have everybody be mandatory to file a tax report if they stayed more than 180 days - irrespective if that individual expects to be tax liable in the end or not. But my thinking isn’t always the Thai way. 😅
John **********
@Frank-Steven **********
it's not. The requirements to get both a TIN (tax ID number) and to file a tax return are very clearly laid out
Frank-Steven ***********
@John *********
yes. For now the requirements to get a Thai tax idea are clear. In fact right now it would hardly be possible at all to get a Thai tax id for the typical DTV holder. I expect things to change and be adjusted to the new realities.
John **********
@Frank-Steven **********
I'm not sure why? Spend 180 days or more in any calendar year inside Thailand makes you a tax resident and requires you comply with the tax regulations. The visa is not relevant
Frank-Steven ***********
@John *********
I was unter the impression that for now in order to get a Thai tax id one would need to demonstrate to have income from within Thailand (either by working in Thailand or by getting passive income from within Thailand like interest rate or rent). But my info on this might be outdated.
John **********
@Frank-Steven **********
nope. It's based entirely on the amount of income. Doesn't matter if that income is from inside Thailand or overseas income brought into Thailand
Frank-Steven ***********
@John *********
So, if I am under the threshold I could not even get a Thai tax id even if I wanted one? I guess my few baht interest on my Thai bank account don’t qualify?
John **********
@Frank-Steven **********
I've actually heard of people completing tax returns to reclaim that *few* baht. There is no minimum to apply for a TIN, only a maximum above which you must apply for one
Frank-Steven ***********
@John *********
Good to know. Will give it a try to obtain one this year.
Frank-Steven ***********
Radek *******
ORIGINAL POSTER
@John *********
and what is the current threshold?
Frank-Steven ***********
@Radek ******
Zero tax rate up until 150k THB as far as I know.
********************************************************************
Erwin ********
Corporate income tax is for limited liability or public companies. Since your company is not moving to Thailand, it won’t have to pay that tax in Thailand. However, you are an employee of that company and presumably get a salary. That salary is liable to be taxed as personal income if you stay in Thailand over 180 days in a year.
Frank-Steven ***********
@Erwin *******
Currently only the portion of the salary that is remitted into Thailand will be taxable. However concepts that go beyond that are in debate.
Radek *******
ORIGINAL POSTER
@Erwin *******
right, that's my understanding as well. Thanks 🙂
Erik *******
Thailand already passed a law last year stating that money remitted (transferred from abroad) into Thailand is subject to taxes for all Thai tax residents (you become a Thai tax resident as soon as you stay more than 180 days in the Kingdom, whatever the visa you are on) .

Be aware that the director of the Thai tax revenue department has confirmed 2 months ago in the media (you can Google it) that they are working/thinking on taxing worldwide revenue for all Thai tax residents (and not only the money tte degrees into Thailand). Not done yet but in the pipeline …
Chris ************
@Erik ******
what all the people don't understand is about how the 180 days make you a tax resident.

In what paragraph is that defined, can you show?

Are they 180 consecutive days in a row or are they more than 180 days in total in the calendar year?

This is where the crux of the matter lies in people's understanding... even in yours. 😁
Erik *******
@Chris ***********
I’m not going to educate you . There is a thing called Google dude. After a 1 minute easy research you will be able to find that the “crux” is obviously in your mind: a kid would be able to understand what defines a Thai tax resident from a legit source as the Thai Revenue Department website … 🤡
Chris ************
@Erik ******
so you avoid to show proof and claim only. We got you.
KO ********
@Chris ***********
here you go, champ. 20 second search. You should try searching yourself sometime. We got you!
@Erik ******
Chris ************
@KO *******
see, good boy, you can do it. Great.

if you intend to help, you should not only claim.

so, that's the basic explanation.

but you are aware, that there are visa/ stay permits, which are exempted from that regulation...

Are you great enough to point out those?

then you will understand the full situation.
KO ********
@Chris ***********
if it’s important to you then do your own research, you clearly have time on your hands, just maybe not the capability. #oxygenthief
Chris ************
@KO *******
funny, how desperate you try to get personal. Shows who you are. End of talk.

Such trolls i dont feed. Have fun with others.

You have the last word. We both know, why you need that 😜
Peter *********
@Erik ******
will never happen lol 😆 this is Thailand 🇹🇭 don't forget, already back peddaling on cannabis laws and many other agendas
Erik *******
@Peter ********
Never happen 🤣? The law is already passed for the remittance part 😂… Don’t underestimate the greed for money …
Brenton ******
@Erik ******
there was no new law passed, they just amended the current one.
Jo **********
this diagram has nothing with to do DTV. and your a tourist not a resident
Frank-Steven ***********
@Jo *********
Doesn't matter. The visa you are holding (with the only exception being the LTR) has no impact on taxation whatsoever. And even LTR holders are taxable, they just enjoy a tax exemption for income made abrad (but would still have to do an annual tax declaration). A permanent resident or a Non-Immigrant visa holder would have the exact same tax-load like someone who is merely facilitating tourist visa.
Radost **************************
@Frank-Steven **********
so have anyone can prove how many days you stay in Thailand? There is no information exchange inside Thai offices. Anybody who thinks taxes are a problem for retired people or long term tourists are a problem don't know anything about Thailand or taxes. Even in Europe there is no chance of tracking anyone if not employed or registered in a company. Discussions about nothing!
Jo **********
@Frank-Steven **********
technically yes but practically no. driving 81 km/hr in a 80 zone means your in violation but nothing will happen
Frank-Steven ***********
@Jo *********
Hm. You are right about that having laws and enforcing said laws are two different things - especially so in Thailand. So we will have to see how serious Thailand will get in enforcing said matter. But looking at many other countries, tax evasion is one of the heavily punishable areas, certainly a lot harder than traffic violations. 😉 I would not recommend breaking tax laws.
Jo **********
@Frank-Steven **********
well let’s be clear not filing a tax form while paying taxes in another country while being here on tourist visa is not tax evasion. I know because I have a brother lawyer who specializes in handling these cases. Tax evasion is quite involved
Frank-Steven ***********
@Jo *********
I would be more than happy though if you end up being right. Cause that would mean that everybody on a DTV would not be liable for any taxes from earnings abroad as they are on tourist visa. But again, I highly doubt that.
Frank-Steven ***********
@Jo *********
I don’t know, Jo. I honestly don’t at this point. But if Thai tax laws state that everybody who is in country 180+ is taxable and would have to file a tax return, than that is what the law is. It wouldn’t matter at all what visa people are on. And as far as I know being taxable or not isn’t dependent on holding specific visa. But I would be open to someone prove me wrong.
Jo **********
@Frank-Steven **********
yes your right but most, nearly all, people will not file taxes in Thailand if they’re here on DTV. your correct it does not depend on the visa. However a person will take the position that I pay taxes in my home country and I am here as tourist. And they are just not going to bother with it.
Frank-Steven ***********
@Jo *********
We will see how much Thailand will bother or try to enforce this. If they wanted to, they easily could. They have all the data they need. They could even deny you to leave the country if you stayed longer than 180 days and have not filed a tax return. Now, will they do so? Who knows. Maybe unlikely.
Jo **********
@Frank-Steven **********
believe they are not even close to be able to deny you leaving the country. Even the most developed countries can’t do that
Frank-Steven ***********
@Jo *********
Yes they can. And your own country could even withdraw your passport if you have outstanding taxes. But again: from how we know Thailand so far … laws come, but are rarely enforced in an efficient way. I also believe there is still a long way to go.
Jo **********
@Frank-Steven **********
they could but the technology interface to do that is too demanding. Interesting conversation with you!
Frank-Steven ***********
If you stay over 180 days in a tax- / calendar year, you will be a taxable person in Thailand. If you are a taxable person, (currently) only the money that you bring into Thailand will be taxable. BUT, that brought in money being taxable does not automatically mean that you will have to pay taxes. Why? For one, there is a threshold for personal income where the tax is 0. Also, there is a good chance that between Thailand and your country there could be a tax treaty that prevents income that was already taxed in one country to be (fully) taxed again in the other country. And just for completeness, this chart is meant for "(personal) income tax" - if you are now throwing a registered company into the game, different rules for corporate taxation might apply.
Radek *******
ORIGINAL POSTER
@Frank-Steven **********
there is double-tax treaty between CZ and TH. And when I use personal money / savings, that was taxed years ago, I do not see how this would be taxable (again) in Thailand.
John **********
@Radek ******
if you only bring in savings amassed prior to 2024 the DTA is irrelevant and you won't need to file a tax return nor pay tax. But you may need to prove the savings if requested so keep good records showing the money is in fact savings. If you bring income into Thailand then the DTA comes into play along with filing a Thai tax return, the DTA does not mean you won't pay thai tax, more that you won't be taxed twice. You will end up in effect paying the higher of CZ or Thai tax
Radek *******
ORIGINAL POSTER
@John *********
it's easy to prove in my case, keep profits in the company, do not plan to pay it out...
John **********
@Radek ******
there are other types of income you also need to consider such as interest, dividends, capital gains and so on. Not just company profits
Radek *******
ORIGINAL POSTER
@John *********
of course :)
Frank-Steven ***********
@Radek ******
That is my understanding, too. Personal savings that stem from already taxed sources from years before 2024 are free to transfer into Thailand without being taxable again. The practical question here will be how to proof that if required to.
Brandon ************
Even based on this chart, if you're in Thailand over 180 days and the income was earned this year or later, it's taxable.
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