Is it necessary to file a 90-day report in Thailand while working remotely on a DTV visa?

Oct 15, 2024
2 months ago
Last week, I spoke with my lawyer in Bangkok. I was informed there that a 90-day report is not necessary.

I was also told that I must continue paying taxes and social security contributions in my home country. The taxes paid would be credited to me in Thailand due to the double taxation agreement between Germany and Thailand. I am a full-time employee in Germany with a German company and will be working remotely from Thailand on the DTV and stay longer than 180 days starting in December.

Is that possible?
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TLDR : Answer Summary
The author inquires about the necessity of a 90-day reporting requirement while working remotely in Thailand on a DTV visa, having received conflicting advice from a lawyer about tax obligations and residency status. Responses from the community indicate that it is unclear whether 90-day reporting is required for the DTV visa, as there is speculation pending an official announcement. However, many agree that taxes must be filed in both countries under the double taxation agreement, though any taxes paid in Germany may be credited in Thailand.
DTV VISA RESOURCES / SERVICES
Markus ********
Any update on this? You wanted to call the tax office about the tax exemption. What has happened as a result? I'm in the same situation.
Anonymous *************
ORIGINAL POSTER
@Markus *******
I changed law firms, and through this switch, I even ended up with a former tax officer from my home country who now works at this firm.

He explained to me, in my native language, how the DTV visa works in Thailand for Germans who are permanently employed in Germany and choose to move their remote office to Thailand based on the DTV visa. Please note that this information comes from a lawyer and a tax advisor and is specifically tailored for me as a German citizen. It may not be universally accurate, but it made a lot of sense to me. I’d be happy to share my experience with you!

About me: I am permanently employed by a German company. It’s a standard full-time position with 40 hours per week, subject to social insurance contributions—about as standard as it gets in Germany. My employment contract includes a provision that allows me to take my remote office anywhere in the world, including Thailand, which is explicitly mentioned. This was the basis for issuing the DTV visa.

1. Naturally, a 90-day report must be submitted.

2. Taxes

The former tax officer advised me to completely give up my German residence. He recommended deregistering at the local municipality shortly before departure, as required when you no longer have a residence in Germany. Makes sense. Although I own a house, my parents live there now, and I don’t even have a key to ensure it cannot be considered my residence. This is important for determining limited versus unlimited tax liability. According to the former tax officer, deregistration at the municipality also triggers a notification to the tax office. This lets them know I no longer live in Germany, making me subject to limited tax liability for certain types of income, such as withholding tax or rental income. This only applies to income that specifically arises in Germany and, therefore, must be taxed there. Thailand does the same thing, by the way!

Following this deregistration, my employer can inform its local tax office branch, allowing them to pay my salary tax-free. The same applies to social security and unemployment insurance, meaning my salary is also paid out without social security contributions.

In Thailand, I now have to tax my entire salary. This process requires submitting an annual tax return by the end of March for the previous tax year (
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) and paying my taxes there!
Markus ********
Anonymous participant very interesting. I second this approach. Please write me private message for further discussion.
Henrik *****
Just go safe and make the 90-day report.
Steffi ***********
If you are still registered in Germany, than you pay taxes in Germany.

If the Revenue Department in TH contacts you regarding a tax report, you show them, that you have paid taxes in Germany already (Steuerbescheid/elektronische Lohnsteuerbescheide/Gehaltsnachweise, die den direkten Lohnsteuerabzug belegen).
Markus ********
@Steffi **********
what about German social security contributions? No deductions, since there is no social security obligation, right?
John **********
Anonymous participant you will potentially have to pay in both places. As you're an employee in Germany you will continue to pay German tax, you won't have a choice in that. Additionally any income you bring into Thailand becomes assessable for Thai tax if you bring it into Thailand in a year in which you are a Thai tax resident. You can claim a credit for tax already paid on the income you bring in to Thailand. Essentially you end up paying the higher of German or Thai tax on that money
Wannikea *********
This is a troll post, the word of a Thai lawyer holds about as much umph as a peanut shell
Anonymous *************
ORIGINAL POSTER
@Wannikea ********
no it’s not! The lawyer was German 😉
Markus ********
Anonymous participant lo&pa?
Amaël ******
Wrong on both counts. You should get a new lawyer.
Anonymous *************
ORIGINAL POSTER
@Amaël *****
I think so
Deepak *******
For 90 day reporting, what your IO says is the absolute truth because you are at their mercy and they have generously allowed you to live in their country, not what some law farm says.
Deepak *******
Yes that is how the DTT works. You must file in both countries and take credit for paid taxes in one country and pay money in another.
Stephan ***********
About the 90 day... your office say this, other companies say different...

Nobody knows it for sure, right now we are in the phase where the first people have to report... if they have to report... in 4 days the grace period is over.

Actually there are no exemptions from the reporting, doesn't matter what kind of visa you have (LTR 1 year, all 90 days). Why it should be different for this one?
Luit *****************
@Stephan **********
The only reason I can think of is that they might not consider it very important because you have to leave after 180 days or visit immigration after 180 days.

On the other hand ift that was important to them then they could have changed all reporting to 180 days.

But it is difficult to see how decisions are made about this. Why LTR 1 year and the rest 90 days? Is it not important to know where LTR holders reside?

And why is TM30 not enough to know where somebody lives?

I guess this is just because it is Thailand
Stephan ***********
@Luit ****************
Immigration not even really care where you and I stay... 😉

The original intention is (was?) to check if the registered address is still the same. Years ago your address was even on the printout. That changed somewhere in the past, and never ever anyone has ever asked me if my address is different from what they have in the system.

So... actually we still do it but it doesn't make any sense anymore...

P.S.: LTR is a bit expensive (50k), so they had to offer some "sweets" to make people buy it... 😁

Elite visa is every 90 days, but the Holder can use the concierge service... another "candy"... ;-)
Anonymous *************
ORIGINAL POSTER
@Stephan **********
Back in the day (about 10 years ago), you could write whatever you wanted for the address on the 90-day report, at least in Chiang Mai. I tried it out and entered „Hinterm Mond gleich links“ („3rd Rock from the Sun”) as the address. It was accepted!
Anonymous *************
ORIGINAL POSTER
@Stephan **********
I don’t know why it should be different here. That’s why I’m asking. My understanding was that the 90-day report must be done. That’s why I asked a lawyer how to go about it and received the answer that it wasn’t necessary. Apparently, the lawyer told me a lot of nonsense and charged me 6,000 THB for it. People should be warned about this law firm!
Stephan ***********
Anonymer Teilnehmer We will see... the first replies should be come to the group in the next days...
Greg ********
There is nothing official yet from The Royal Thai Police Immigration Department on whether a 90 day report is required on a DTV Visa. Until that is promulgated by them anything else is speculation and guesswork.
John *******
@Greg *******
You think immigration will make a formal announcement every time there is a new visa?
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Bruna ********
Don't know about the 90 ag reporting but the tax yes, if you are from one of the countries in the double tax agreement with Thailand then you are not required to pay tax in Thailand if you have already paid in your country
Todd *********
@Bruna *******
this is simply not true at all. Thailand has 61 tax agreements with other nations. Those agreements prevent DUAL taxation but you still are liable for tax in both. If you are still paying taxes in home country (have not declared non-residency), the taxes you pay in home nation will be fully credited to your Thai tax bill. If Thai tax is lower, no tax is due. If thai tax is higher, you pay the difference. And if you don’t pay in home nation any more, prepare to pay.

A wake up call is coming for many with this
John **********
@Bruna *******
this is not strictly true. If you're income is earned through a german entity you will pay German tax on that income. Additionally if you then bring that income into Thailand, and you are tax resident in Thailand, it also becomes assessable income in Thailand. You can claim a credit for tax already paid on the income you bring in as part of your thai tax filing
Anonymous *************
ORIGINAL POSTER
@Bruna *******
but, what if I want to pay the tax in Thailand?
Greg ********
Anonymous participant This is how you get a Thai Tax ID in Thailand. When I got mine the accountants who dealt with my tax returns obtained it for me.
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Alessandro *********
Don't you have theoretically to fill tax anyway in Thailand and then pay/not pay based on the DTT?
Anonymous *************
ORIGINAL POSTER
Greg ********
Anonymous participant Then you would have to move your tax residency from Germany to Thailand. No idea how it works in Germany but when I left the UK it was just a matter of filling in a form for UK tax authorities and registering in the next country. As moved through countries I just registered in the next ie Belgium then Singapore and now Thailand.
John **********
@Greg *******
but you can't avoid your home country tax if your income is in your home country
Greg ********
@John *********
Who is saying he can? Do you have a degree in stating the bloody obvious or is it just a part time hobby?
John **********
@Greg *******
you implied he could move his tax residency but he is employed by a German company in Germany so I don't see how he could
Greg ********
@John *********
Tax Residency is not based on where your income is. Yes he will owe Geeman taxes on income paid into Germany. Just like a Brit would have a tax liability on income paid there ie for rental properties but could be Tax Resident elsewhere ie here in Thailand. They are not mutually exclusive. You can own tax in more than one tax jurisdiction. The clue is in the term "Tax Residency".
Anonymous *************
ORIGINAL POSTER
@John *********
I’ll call the tax office tomorrow. There is a possibility to be exempted from taxes in Germany initially due to the 183-day rule. I don’t know the exact legal provisions. Since it’s a German tax office, it’s convenient because they are required to explain it to me!
John *******
Their website states they specialize in LTR (long term residency) visas. LTR is one of the few visas that doesn’t require 90 days. You sure they were talking about DTV, not LTR?
Anonymous *************
ORIGINAL POSTER
@John ******
yes, 💯 %! We even talked about the reasons why my LTR application was rejected.
John *******
Anonymous participant DTV most likely requires 90 day reporting, as it is a tourist(ish) visa while LTR is more like a residency visa
Anonymous *************
ORIGINAL POSTER
@John ******
I know. That’s why I’m asking here. Looks like the lawyer talks a lot of bulls*** to me and let me pay for that 6.000 THB 😡🤬😡🤬
Steffi ***********
Anonymer Teilnehmer I know which lawyer that was 🙈 Abzocke !
John **********
Anonymous participant you absolutely do need to do 90 day reports every time you spend 90 consecutive days inside Thailand on the DTV