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Is it true that DTV holders become Thai tax residents after staying over 180 days?

Thai tax residency DTV visa 180-day rule tax obligations for expats Thailand tax laws visa and tax regulations expat taxation in Thailand

Jan 15, 2025

3 days ago

Anonymous *************

ORIGINAL POSTER

Was any DTV Holder a Thai-Tax resident (over 180d in country)? What are your tax plans? Since they know all your income in detail.

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TLDR : Answer Summary

The discussion revolves around whether Digital Nomad Visa (DTV) holders in Thailand automatically become tax residents after staying over 180 days in the country. Several comments clarify that holding any visa does not affect tax residency status; staying in Thailand for more than 180 days in a tax year makes one a tax resident. Although some participants believe that Thai authorities might know all income details, it is noted that tax liability primarily depends on money remitted to Thailand, not the total income earned. Individuals express various views on their tax plans, with some intending not to pay taxes, while others recommend consulting a tax professional for personalized advice.

DTV VISA RESOURCES / SERVICES

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Nick *********

It’s like Ben from Integrity Legal in Bangkok states in almost every YouTube video he makes: “If you’re unsure of your tax liability, speak with a Thai tax professional”.

Stop taking tax advice from people who aren’t qualified. Every person’s situation is different.

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Rob *********

Hi, they are totally different things, visa in one thing and tax a different one, it does not matter what visa you have, if you stay in the kingdom more than 6 months in a tax year you become automatically a tax resident.

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Greg ********

Even if you were tax resident before a DTV they would NOT know all of your income unless you remitted everything yiu earned to Thailand. You only had to declare what was remitted into the country. If it was kept out of the country a full tax year before remittance it was not taxed. If it was never remitted to Thailand it was never ever declared.

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George *******

Is it 180 consecutive days to be tax resident and if you leave and come back within the same year is it a culmination of time in the country and if that was the case you'd still be tax resident.

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Steve ***************

180 days in a calandar year, from January 1st to end of December, consecutive or not.

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Steve ***************

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Uwe ****

The taxmongers are all expats. Thais don't pay income tax. Just don't fall for their phobia.

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Lee ********

I thought you had to go over the 180 days to become a tax resident . If 180 days you don't become a resident and isn't that the reason they want you to leave for a few days then re-enter on a new 180 day time limit .

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Lee ********

Normally it's 183 days in most countries to be classed as a tax resident . Even if Thailand have it in their tax legislation but then ignore it then keep enjoying until they start requesting it

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Greg ********

It is nost consecutive days but cumulative in the tax year. It is not the same as the 90 day report. It does not reset because you leave and enter again.

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Bruno ***********

not at all bro. The rule is 180 days per year to be tax resident. leaving the country for a few days change nothing to the rule.

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Bruno ***********

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Chris *******

The rule has always been the same.

They have discussed implementing/enforcing taxation on tax residents of 180 days plus.

However no official procedure is implemented yet.

Anyone registering is doing so voluntarily and they do not have the system in place yet to process.

It is a wait and see at this point what , if anything , comes of it.

They are after those hiding global income, many rich Thais and foreigners with overseas money taking advantage of a loophole that is supposedly closed now.

Money being brought in , may be subject to tax regardless of whether it is not in the same fiscal year.

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Dan *********

This is all weird. Doesn’t make sense. Already pay taxes in my country on the remote job. We won’t be double taxed. I guess it only is referring to those who made some income in Thailand and that income but then the DTV doesn’t allow for you to work in Thailand so.. This stuff I think doesn’t really apply or affect most foreign folks.

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Karl *******

Unless you're in Thailand for 180+ days in a year, in which case your tax resident in Thailand, and tax is due there. Depending on the DTA with your home country, you may or may not also need to pay tax there as well.

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Anonymous ******************

The DTA actually stops double taxation

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Karl *******

Anonymous participant 528 That's why I said depending... There needs to be a DTA with your home country

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Karl *******

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Johnny *****

Until there's reports of people getting rounded up for not paying tax or being denied entry for not filing after staying for 180 days then people are just going to keep doing their residency in places like Dubai and roll the dice

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Urs ********

Why are you asking such stupid questions when you call names on the ones who pay their taxes.

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Anonymous ******************

Tax Plans? Yep. Don't pay tax. That's my plan! 😃

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마리오 ***

I didn’t show anything about my income when I applied. Just a bank account with whatever the minimum amount was with minimal activity.

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Wannikea *********

It's about the amount of funds remitted into Thailand from abroad that determines if you have a tax liability. Nothing to do with your income.

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Jon ********

@Wannikea ********

if you are in Thailand more than 180 days you are a tax resident and have to file returns with the tax department so it can assess what it is that you may need to pay.

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Wannikea *********

I'll wait till asked.

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Wannikea *********

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Anonymous ******************

@Wannikea ********

Not quite right. If remitted money comes from pension or savings it's not "income"

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Uwe ****

Anonymous participant 36 Are you one of those taxmongers? Still traumatized by your Western government? Calm down son, you will be alright. Just don't give advice to people on subjects you know little about.

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Kirilly **********

Anonymous participant 336 The pension thing depends on your country of origin. And savings depends on when saved and from what source.

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Wannikea *********

Anonymous participant 336 without writing a 438 page list of caveats, I think the phrase "remitted from abroad determines if you have" kinda covers it.

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Wannikea *********

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Bruno ***********

living in Thailand does not mean you'll automatically have to pay tax there. You need to check the DTA if it is applicable

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Keith ************

@Bruno **********

and having a double tax agreement does not mean you won't pay taxes in Thailand.

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Bruno ***********

@Keith ***********

correct, it depends of each DTA.

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Bruno ***********

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Todd *********

@Bruno **********

180 does in fact legally mean you are tax resident in Thailand. However, what you actually must pay (or not pay) varies dramatically depending on income, visa status and DTA with other tax residency.

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Bruno ***********

yes there are many parameters to consider.

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Bruno ***********

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Sean *******

How do they know all your income when you're anonymous?

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Anonymous ******************

Bangkok Post had a survey and estimate that 150,000 expats will NOT be filing tax returns. As is usual in Thailand, NOTHING will happen! 😂😂😂

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Romain ****

ok let’s shut up and listen to you mister expert who will give us the truth. Waiting for quality content, when you think you’re so important you can tell the others to shut up

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Siggi *******

it is not about me it about what is law, what is the reality how visas and work permits are working. And compared to you I am a person who lives and work far more than 10 years in Thailand and who employed more than 50 people over this time, a person who survived 3 years covid shutdown, a person who lives since 35 years as an expat. I am not the only person who knows things, everyone with a decent education and logical thinking and experiences in Thailand like an expat knows it. And it's better to post only things you know from first hand and not from Facebook or what what would fit your wishes.

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Romain ****

ok so basically you just made a comment flexing about you, yourself and you, and didn’t give any valuable information. Just one more expat jerk who feels superior.

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Siggi *******

you are not an Thai expat, you know nothing, never worked here, don't post about a country where you been may be weeks

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Siggi *******

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Anonymous ******************

Do you REALLY believe visas will be cancelled because a tax return is not filed? Does that include those visas obtained by paying bribes to immigration through agents? You really don't know how Thailand works do you? 😂

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Romain ****

Participant anonyme 528 how Thailand works / worked is a thing. What they want to change is something else. As a reminder they started clamping down on visa runs quite a lot and probably will get worse with ETA. I think one should not underestimate potential evolutions. If you get your visa with corruption, don’t respect revenue laws and don’t respect other stuff is your problem. Don’t consider that all foreigners are doing the same.

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Romain ****

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Sean *******

As long as they scare a few thousand sheep into paying they will be happy. And they will be paying for all of us, bless their little wool socks.

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Anonymous ******************

I know! Aren't they sweet? And totally dumb!

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Abhishek *******

few more years till everything is connected then cash withdrawal will be counted as money brought in if no taxes are paid tax at source will be collected . It is already happening slowly

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Sean *******

@Abhishek ******

So you'll be paying for me until then? Cheers bud

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Anonymous ******************

@Abhishek ******

You obviously don't know Thailand very well 😂😂😂

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Abhishek *******

Anonymous participant 528 I am saying this is happening in few countries and can or will happen in thailand too

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Romain ****

Participant anonyme 528 if “know Thailand” means “keep abusing the system because I don’t get caught”, I’m happy I don’t know Thailand the way you suggest to abuse it.

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Anonymous ******************

Another one! You do realise that over 50% of non-O visas/extensions are obtained through agents paying bribes to immigration officers? Let's talk about the bribes paid to police officers at checkpoints, let's talk about bar owners paying bribes to police to ignore the blatant prostitution. Come on, you couldn't be that stupid 😂

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Anonymous ******************

Participant anonyme 528 hehe a anonymous old man 😜😜😜 don't worry they already have everything about you 🙄

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Anonymous ******************

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Romain ****

Participant anonyme 528 so basically

*****

0 foreigners stay in Thailand and expect to fraud tax in the country that welcomes them disrespecting the local laws. I hope that those will end up being f*cked up with data from immigration and cancel their visa if they didn’t do the proper stuff.

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Martino *******

Partecipante anonimo 528 not sure about that. Because a lot of money is involved with tax.

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Anonymous ******************

@Martino ******

Yes. And the sheep who scurried to the tax office to get their tax ID numbers will pay up, because they want to. Meanwhile, those who stayed under the radar will be left alone 👍👍👍

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Martino *******

Partecipante anonimo 528 is about being honest. You have to be a tax resident for an area. For me paying in Thailand or others countries is the same. If somebody don't like that, he can go in Dubai or Paraguay as a tax resident and pay nothing.

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Martino *******

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Charles **********

Anonymous if definitely from the Thai tax department

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Pete *******

The visa you hold is irrelevant, once you spend 180 days inside Thailand in a tax year you automatically become Thai tax resident.

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Todd *********

the visa you hold is critical. LTR visa offers tax free status for retirees and low rates for other holders. Not a mistake you want to make.

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Pete *******

the visa you hold is irrelevant for tax residency. Tax liability is a separate matter.

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Todd *********

again Pete, you are mistaken. The LTR visa specifically exempts retirees from taxation on global income.

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Anonymous ******************

Global income is not taxed in Thailand. Only "remittances" are liable, and if coming from pension payments are not taxable, and neither are remittances already taxed in another country.

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Todd *********

Anonymous participant 336 global income is very much taxed in thailand. And money taxed in another tax jurisdiction may count as a credit towards tax due in Thailand in accordance with the tax treaty .

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Anonymous ******************

Wrong. Only "remittances" are "liable" to taxation. So the money must be transferred into Thailand to even come into the Thai tax net.

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Todd *********

Anonymous participant 336 wrong. But you have plenty of time to learn. And more tax worries there than I have. Best of luck

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Anonymous ******************

OK. So Thailand Revenue is wrong but Todd McGowan is right 🤣

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Todd *********

Anonymous participant 336 tell us you struggle with interpretation without telling us

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Anonymous ******************

Which part of the Tax Code are you struggling with?

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Todd *********

Anonymous participant 336 i'm not struggling with any part of it at all. I'm exempt taxation in the Kingdom. You however....

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Anonymous ******************

The money I bring in is most certainly exempt. If I start earning money by uploading YouTube videos I daresay that'll be taxed, but as that's never going to happen I guess I'll remain untaxed in Thailand, like thousands of others!

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Anonymous ******************

I think that's you. Plain English to me! 1st January 2024 onwards, so all savings prior to that date are non-taxable. As well as pensions under the DTA!

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Pete *******

LTR holders become tax resident after 180 days just like everyone else.

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Todd *********

yes. And their visa specifically exempts them from taxation in Thailand. Like NO other visa Thailand offers. Don’t make the naive mistake of missing that

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Pete *******

now that we have moved past tax residency we are on to the topic of tax liability. That depends on your personal financial situation, your DTA, your source of remitted funds and yes your visa status.

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Todd *********

lol. You are failing badly Pete. Are you completely unaware of the LTR visa and policy??

Because your opening comment about ‘the visa you hold is irrelevant’ made you sound clueless, undereducated and thoroughly unaware of how the visa functions

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Pete *******

the topic was tax residency NOT tax liability. Oh yeah if an LTR holder remits foreign income in the tax year it was earned it’s taxable. The exemption only applies to income remitted from a previous tax year according to BOI regulations, of course not to be confused with the Revenue announcement on a similar topic.

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Todd *********

the topic was as you stated ‘the visa you hold is irrelevant’. And you have now been suitably corrected.

If you wanted knowledge about tax residency and subsequent liability, I’m also happy to help you out.

And once again, you are wrong. Are you a bit daft? When an LTR ‘wealthy retiree’ holder remits foreign income, they are EXEMPT tax on that income.

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Anonymous ******************

The set-up and criteria of the DTV enables holders to avoid tax by careful "money management" 👍👍😆

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Todd *********

Anonymous participant 336 LTR for wealthy retirees specifically exempts holders from Thai taxation on income earned outside Thailand

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Anonymous ******************

That's nice but we're not talking LTR, we're talking all visas

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Pete *******

don’t take my word for it. Read Royal Decree No 743 BE 2565, Section 5 exemption is ONLY for income derived in the previous tax year.

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Todd *********

I’m stating a simple fact. Nobody needs to take your word for it.

The LTR retiree will pay no tax on their foreign income remitted into Thailand. Focus your time on qualifying for it, rather than wasting your time here

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Pete *******

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Pete *******

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Anonymous ******************

Most retirees won't pay any tax anyway as they only transfer pension funds accumulated years before the magical "cut-in" date.

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Todd *********

Anonymous participant 336 that’s a really, really bad assumption. Eventually, the vast majority will indeed be paying tax in Thailand. And it will be connected to visa renewals

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Anonymous ******************

I don't know about digital nomads - hopefully they will get hit for tax if they're trying to avoid paying anywhere, but retirees in Thailand won't be taxed if they only remit savings prior to 2024, or only remit pensions, as the majority are protected by DTAs

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Anonymous ******************

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Anonymous ******************

That's been the law since 1978. Now tell us more......

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Anonymous ******************

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