Answereda year ago
Is it wise to avoid staying over 180 days in Thailand to prevent tax issues?
Should I stay over 180 days in Thailand or better not?
My situation:
1. I have a DTV and I am coming close to the 180 days threshold in Thailand since January 1st.
2. I pay taxes in my home country and we do have a tax treaty with Thailand.
3. I don't want to deal with filling any forms and deal witb tax coordination.
4. I don't want to have a TIN (tax ID) I Thailand in any case.
My question:
since the tax rules for foreigners in Thailand are not clear, would it be wise to simply avoid staying in Thailand for 180 days (or more) in 2025
Or is it not an issue and I will not need to deal with tax coordination and issuing a TIN?
My situation:
1. I have a DTV and I am coming close to the 180 days threshold in Thailand since January 1st.
2. I pay taxes in my home country and we do have a tax treaty with Thailand.
3. I don't want to deal with filling any forms and deal witb tax coordination.
4. I don't want to have a TIN (tax ID) I Thailand in any case.
My question:
since the tax rules for foreigners in Thailand are not clear, would it be wise to simply avoid staying in Thailand for 180 days (or more) in 2025
Or is it not an issue and I will not need to deal with tax coordination and issuing a TIN?
Answer summary
The query discusses concerns about staying in Thailand for over 180 days on a DTV visa and the implications of becoming a tax resident. Comments suggest that while staying beyond 180 days could make one a tax resident, enforcement of tax rules is lax, and options like retaining tax residency in one's home country and not remitting income can mitigate tax issues. Overall, responses indicate a low risk of enforcement and advise careful consideration before exceeding the 180-day threshold.
92 repliesnewest first
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Michael *******
what is unclear ? did you read the official english PDF of thai tax revenue ? There is also a PWC document available ? what you don't understand ?
Anonymous *************
OP@Michael ******
Should I stay over 180 days in Thailand or better not?My situation:
1. I have a DTV and I am coming close to the 180 days threshold in Thailand since January 1st.
2. I pay taxes in my home country and we do have a tax treaty with Thailand.
3. I don't want to deal with filling any forms and deal witb tax coordination.
4. I don't want to have a TIN (tax ID) I Thailand in any case.
My question:
since the tax rules for foreigners in Thailand are not clear, would it be wise to simply avoid staying in Thailand for 180 days (or more) in 2025
Or is it not an issue and I will not need to deal with tax coordination and issuing a TIN?
Michael *******
Participant(e) anonyme if you don't want to be tax resident in thailand, don't stay more than 180 days in thailand. Your home country mean nothing about tax, what is important is : 1/ your country tax residency ( that will probably be thailand if you stay more than 180 days here). 2/ the country from where come your income. If you remit that income to thailand, you need to pay maybe tax money on it, if the income come from country with dta, you can use them as tax credit ( to lower the thai tax to maybe / probably 0 ). What kind of income you have ? The benefit of being thai tax is you may not have to pay tax elsewhere ( or lower tax ). If you already pay > 35% on income from dta country you will pay 0% in thailand. If your income is about 1.7 millions baht/yearly and already pay about 20% tax from dta country you will pay 0 in thailand. The main problem is that even if you have to pay 0, you need to do tax report and accounting ( most people dont do ) 😞
Anonymous ******************
Anonymous participant if you don't want TIN and pay taxes here, you can't stay here longer than 180 days.
Anonymous ******************
15 years here and only filed taxes for about half that time when I had a work permit and non O. Did not file for the other years, when I went to the tax office 2 years ago on the DTV, they said I don’t need to file anything if I’m not working here and basically shoved me out the door. I didn’t argue with them and gladly closed the book on this question.
Elías ********
Participante anónimo 609 well done
Lincoln ******
Love it how the Thai tax laws apply to everyone on a DTV yet we’re all having our bank accounts shut down.
Make it make sense???
Make it make sense???
Lincoln ******
I genuinely have no clue what to do atm. I own a condo. My Thai bank is closed. Yeh… I dunno. lol 🫠🫠🫠🫠
Elías ********
@Lincoln *****
while having a bank account is not allowed on a DTV, either being married to a Thai national or owning a condo makes you elegible to have one, according to the reportsLincoln ******
@Elías *******
I own my condo but Bangkok bank still closed my account down 🫠🫠🫠
Jon **********
@Lincoln *****
How will anyone track your income or whatever money you spend in Thailand when you can't even have a thai bank account?Anonymous ******************
@Jon *********
Credit Card? ATM withdrawals? Money changers?
Luit *****************
@Jon *********
First of all you are reponsible yourself to tell them your income, and there are a lot of ways to track.Not doing so while you have income might result in fines.
Anonymous ******************
@Jon *********
CSR, fatca and many moreElías ********
Participante anónimo 146 not everybody is from those countries
Lincoln ******
@Jon *********
that’s what my point is….Jon **********
@Lincoln *****
Yeah, they make rules first and think after (or maybe not at all)Anonymous ******************
Lol, it's funny to read comments recommending you to break the law. Sorry, but that way sooner or later you'll go to the prison.
Please read the comment of John Stanners, he explained properly how it works.
Please read the comment of John Stanners, he explained properly how it works.
Anonymous ******************
Anonymous participant 146 John Stanners is mostly correct, however a non-resident as determined by the DTA is not required to file a tax return. And as Tod has said, there's not one person going to jail! That's a ROFL comment. Next you'll be saying they'll have their visas cancelled!
Sefton ********
Anonymous participant 600 You keep saying this, and it is simply incorrect.
The DTA may protect you having a tax obligation, it does not protect you from a filing obligation.
The DTA may protect you having a tax obligation, it does not protect you from a filing obligation.
Sefton ********
Which of the 60ish DTAs are you even talking about ?
And as someone who deals with EU/UK/(rarely)USA DTAs on a daily basis, I can says between those ones, and the OECD standard, that is categorically not true.
One country may retain sole or primary taxation rights, but taxation rights does not preclude dual filing.
And as someone who deals with EU/UK/(rarely)USA DTAs on a daily basis, I can says between those ones, and the OECD standard, that is categorically not true.
One country may retain sole or primary taxation rights, but taxation rights does not preclude dual filing.
Anonymous ******************
@Sefton *******
Under Article 4 it does. If you're solely a tax resident of another country there is no requirement to file in Thailand unless you are generating income in ThailandLuit *****************
Anonieme deelnemer 600 THE DTA, each country has its own DTA or not, but you cannot talk about THE in this case, so rules are different for different nationalities. Going to jail because you forgot to file your tax is not very likely, also visas cancelled is unlikely, but theoretically not impossible.
Todd *********
Anonymous participant 146 let's not get carried away here lol. Nobody going to prison
Anonymous ******************
I have the same question actually. My understanding is if I stay more than 180 days, and I am on DTV visa earning an income from an overseas company, my income is NOT subject to tax unless I remit it here to Thailand.
Would appreciate if anyone can clarify this.
Would appreciate if anyone can clarify this.
Sefton ********
Correct it is a remittance based system. But you have to remit something to live on I presume.
Legally if you are here over 180 days there is a filing obligation, but its not currently well enforced.
Legally if you are here over 180 days there is a filing obligation, but its not currently well enforced.
Elías ********
Participante anónimo 788 that's right
Jack ********
Anonymous participant 788 correct
Todd *********
Anonymous participant 788 It's only subject to tax when you bring to thailand. Or spend it in Thailand
Pete *******
Anonymous participant 788 that is correct. Foreign sourced assessable income is only taxed on remittance once you become Thai tax resident.
Greg ********
Anonymous participant 788 Correct. If ypu are a Thai Tax Resident only income remitted to Thailand is assessable.
Anonymous ******************
Just retain tax residency in your home country and a permanent address, pay your taxes there and you won't even have to submit a return in Thailand
Sefton ********
Anonymous participant 600 that isn't the law though.
The law may not be well enforced but that's not legally correct advice.
The law may not be well enforced but that's not legally correct advice.
Anonymous ******************
@Sefton *******
It's totally legal. Article 4 of the relevant DTA covers it. There's a tie break formula to determine sole taxation rights. The DTA is covered under the Tax CodeAnonymous ******************
@Michael ******
181 days is more. He might have a permanent home in another country which means he's not a Thai Tax Resident if he doesn't have one hereMichael *******
he actually mentionned MORE than 180 days, 350 days is MORE than 180 days.
No English is not my first language, that will be your last argument ? ^^
No English is not my first language, that will be your last argument ? ^^
Mark ********
@Michael ******
Actually he mentioned 180 days. Are you actually the thread? Is English your first language?Anonymous ******************
@Michael ******
With the DTA, even before you reach the "habitual abode" section, you have the "permanent home" and "economic ties" which can determine tax residencyMichael *******
@Mark *******
he did not mention not staying full year.Mark ********
@Michael ******
The OP didn't mention staying a full year not I'm not sure where you got that information.Michael *******
@Mark *******
good luck to stay in thailand "full year" and say that your habitual abode is not mainly in thailand 😑. If your income is from country with dta it is not big deal...Mark ********
@Michael ******
The DTA allows for an habitual abode in two countries. If this situation exists the tie breaker decides on closest economic tiesMichael *******
Participant anonyme 600 most of the time it say the country where you spend most of the time and have your habit in the year.
Sefton ********
@Jack *******
the remitted assessable income is what you must file.. That is clearly spelled out in the revenue code what is income and what isnt. However you slice it the 'I dont have to file, my income is tax paid elsewhere and theres a DTA' is simply not the facts. You may not owe anything, thanks to DTA protections, but that is established when you file (with proof). Not just on a 'I dont think I owe anything' basis.
Sefton ********
Anonymous participant 600 you can not like him but it is the revenue officials telling you what they demand.. If you have a higher source than the revenue department for revenue issues then please show it.
Luit *****************
Anonieme deelnemer 600 Which DTA? Each country has its own DTA.
Anonymous ******************
@Michael ******
Yes! "Clean" tax residency, which Article 4 can give youAnonymous ******************
@Luit ****************
Article 4 of the DTA. That decides residencyElías ********
@Pete ******
this could be easily argued based on the fact that the DTV doesn't allow you to stay more than 360 continuous days at a time. So technically speaking, you're not even spending a full year in Thailand.Elías ********
Participante anónimo 146 you don't need a TIN nor filling anything if you're not earning money within Thailand nor remitting money from abroad.
Luit *****************
Anonieme deelnemer 600 Article 4 ffs of what? I don't see topicstarter mention his other country where he is tax resident, so I think we cannot know which DTA is valid.
Anonymous ******************
@Luit ****************
Read Article 4 ffsAnonymous ******************
@Sefton *******
Carl Turner?? Jesus wept! The biggest shyster on the internet. Touting for business and spreading total bsMichael *******
Anonymous participant 600 and and most of the time Article 4 define residency in the country you spend "most of your time and have your habit".
And in that scenario, both country can fight to get tax from you 🙂 , good luck.
Better to have a "clean" tax residency, if you play you can lose ;)
And in that scenario, both country can fight to get tax from you 🙂 , good luck.
Better to have a "clean" tax residency, if you play you can lose ;)
Jack ********
@Sefton *******
you might need to find a new profession. You failed to mention assessable incomeLuit *****************
Anonieme deelnemer 600 How do you know which DTA is relevant for topic starter?
Sefton ********
Anonymous participant 146 see the exact discussion and confirmation from the Thai revenue on the Carl Turner tax channel
Sefton ********
Anonymous participant 600 even if your income is dta protected, and over many dta's it would not be, you still need to file, present the overseas tax bill and receipt to show you paid it, calculate the Thai tax bill (often higher) then tax paid overseas is deducted from tax due here.
That may mean nothing is due here, but legally you must still file and prove nothing is due here, it's not on the honor system.
I am a cross border payroll and tax professional. This is my day to day profession.
That may mean nothing is due here, but legally you must still file and prove nothing is due here, it's not on the honor system.
I am a cross border payroll and tax professional. This is my day to day profession.
Pete *******
Anonymous participant 600 give me a scenario where habitual abode is maintained in another jurisdiction whilst spending 5 years in Thailand?
Anonymous ******************
@Pete ******
The DTA also allows for an habitual abode in two countries. You need to read Article 4. "Up to" is not a defined amount. It takes only 180 days per calendar year to be deemed a Thai Tax Resident, but retaining tax residency in another country brings the DTA tie-break into the equation. Every situation is different. The tie-break can go down to actual citizenshipPete *******
Anonymous participant 600 whilst you may be able to maintain a permanent home in both tax jurisdictions a habitual abode can only be maintained in one. If you are spending up to 5 years in Thailand on a DTV you are going to be a Thai tax resident.
Anonymous ******************
Anonymous participant 146 Totally wrong. I'm referring to Article 4 which determines tax residency. If a person has dual tax residency the DTA determines which taxing authority has sole taxation rights. You need to read it.
Anonymous ******************
Anonymous participant 600 that's not true. You still need to have TIN and fill the tax forms. Under DTA you just have a "tax credit" that you already paid in your country. But it doesn't necessarily mean that you don't pay anything in Thailand, and for sure you need to fill the forms
Anonymous ******************
don't do anything. You think they're going to knock on your door and ask for money
Anonymous *************
OPAnonymous participant 782
It's a very easy thing to enforce, if you appear to be staying in Thailand for 180 days or more, they will simply not going to let you leave without filling the right forms and pay your taxes.
It's a very easy thing to enforce, if you appear to be staying in Thailand for 180 days or more, they will simply not going to let you leave without filling the right forms and pay your taxes.
Elías ********
Participante anónimo you watch too much TV
Anonymous ******************
@Elías *******
oh not the most. I'm pretty sure THE MOST of us will remit money into Thailand, using ATMs, cash or payment cards. For a typical farang it always will be more than a "no tax" threshold.I don't know why you talk about a Thai bank account - it's not required for remitting money and it has nothing about taxes.
Elías ********
Participante anónimo enforcing the law should be always a priority. But the point is that not everybody living here needs to pay taxes. Why? Because if you don't remit any money, you're not subject to pay any income tax. This might sound impossible for people on visas that do require the holder to remit and keep money in Thailand, such as the retiree visa. But for most of the DTV remote workers category people, we don't remit money here. In my case, I don't even have (nor have ever had) a Thai bank account, for instance.
Anonymous *************
OP@Elías *******
no need to get offended. Enforcing tax rules is very easy if you live in the country.In any case the question at hand is not how to break the rules and how to avoid enforcememt. The question is what are the rules and how to plan accordingly.
You can play games the law as much as you want, that is your choice, but that is not the topic here.
Many people here chose your path by playing games with the banking systems, thinking nothing will happen and now they crying at the doorsptes of their bank branch asking back their frozen funds.
Sefton ********
The rules are clear but enforcement is non existent.
Plus as a DTV holder you would have no need to visit immigration annually which is the first way they will control non Thais if they ever try to.
Long story short. Ignoring this is a very low risk.
Thailand is a country of many laws, few of which they actually try to control.
Plus as a DTV holder you would have no need to visit immigration annually which is the first way they will control non Thais if they ever try to.
Long story short. Ignoring this is a very low risk.
Thailand is a country of many laws, few of which they actually try to control.
Pete *******
The tax rules for foreigners in Thailand are clearly stated in the Revenue Code which is published in English on the Revenue Department website.
Anonymous *************
OP@Pete ******
Can you elaborate?Pete *******
Anonymous participant elaborate what exactly? Thai tax law is published in English on the Revenue Department website. Nothing more to add.
David ****************
Participante anónimo The way you talk shows that you are surely over 40 years old. You don't know how to search the internet.
Anonymous *************
OP@David ***************
google what? the law from 2023? the changes in 2024? or perhaps the new regulations from July 2025? If you are not a legal tax advisor, your ability to understand the law does not exist. You might try to decipher it, but you are doing it wrong. You can also try to determine your own illness by googling your symptoms, good luck with that.
David ****************
Participante anónimo wtf u talking about, go google and search
Pete *******
Anonymous participant if you are not prepared to help yourself by doing your own basic research to educate yourself then remain ignorant.
Anonymous *************
OP@Pete ******
I am not a lawyer or a licensed tax advisor. I very much doubt that you are.Telling me that there is a law registered somewhere is meaningless as I don't have the knowledge or the experty to decipher a Thai law.
My question was very simple and straightforward. You don't have to comment just to see your name appearing while contributing nothing to the discussion.
John **********
If you stay 180 days or more inside Thailand in any calendar year then you are automatically a Thai tax resident. If you remit assessable income into Thailand in that year you need to get a TIN and you need to file a tax return if you remit more than 120k baht. A DTA doesn't affect that although may affect the amount of tax you have to pay
Sjef ***************
@John *********
if I stay over 180 days but I did not transfer or made or brought any money to thailand do I have to pay tax also??Elías ********
Biff *******
@Sjef **************
what will you eat, dust?Anonymous ******************
@Elías *******
Everybody remits money in some way. Even bringing in cash, using credit cards, ATM withdrawals are all remittances.Elías ********
@Biff ******
not everybody remits money.Sjef ***************
@Biff ******
i have money in thailand already
Andi ***********
Anonymous ******************
@John *********
The DTA can determine tax residency. If the DTA determines a person is NOT a Thai Tax Resident, there is no requirement for that person to file a tax return in Thailand unless they are generating income inside Thailand
Anonymous ******************
Anonymous participant 600 Correct. Unfortunately, this amazing government is planning to change it in the near future to make it compulsory for all whether you're making money in Thailand or not. 🙄
Anonymous ******************
Anonymous participant 191 I've seen or heard nothing relating to Thailand compelling foreigners with zero assessable income having to file a tax return. When my local tax office informed me I wasn't required to submit a return, the officer said they do not want thousands of tax returns submitted with a "0" in the income field.
John **********
Anonymous participant 600 indeed but only in the situation where the person is a tax resident of both countries. In that case there are a set of tie breakers to determine which country retains taxation rights
Alexander *******
@John *********
more than 180 days straight or in total for the calendar year,Pete *******
@Alexander ******
total in calendar year.Activity
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