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Answered2 years ago

Is there a tax requirement for DTV visa holders regarding funds in Thai accounts?

Anonymous *************
asked Nov 25, 2024
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Hi everyone,

I saw this message in a French group about a "tax" issue for DTV visas at Don Muang Airport. Does anyone know if there's an official rule about declaring 35% of funds in Thai accounts or paying this kind of "tax"? Or is this just another unclear situation in Thailand?

Thanks for any insights!
Answer summary
A user inquired about a 35% tax issue related to DTV visas at Don Muang Airport, specifically about the need to declare 35% of funds in Thai accounts. Community responses suggest that this might be a scam, as immigration is not responsible for tax collection, which falls under the income tax department. Experts noted that foreigners living in Thailand for more than 180 days are subject to personal income tax (PIT), but this shouldn't involve immigration unless a tax notice is presented. Several comments pointed to potential miscommunication or translation issues regarding tax obligations, and suggested consulting legal advice or the embassy for clarity.
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Reg *****
Reg *****
@Jat ***********
check this out
Jat ************
Jat ************
James ********
James ********
Here's the link to the original post on the French forum page

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Brian *********
Brian *********
Did this person submit evidence of income earned as a remote worker as part of a DTV application? Is that how they were caught for not paying Thai income tax?
James ********
James ********
Are All 5 being held at Don Mueang airport for not paying taxes or Just One of the 5.
Paul *******
Paul *******
@James *******
Indeed and that is my worry too. However, it could be that some embassies and consulates will be scrutinized more than others.

I doubt they'll have a problem with Taipei as the issuing post as that seems to be the most corruption free, whereas Vientiane is swarming with agents.

That stated, with the e-visa system coming up, they might be able to weed out these agents now.
James ********
James ********
Something doesn't add up...

Did the group of 5 use a Thai Visa Agent to buy a high 5 figure price DTV Visa package to obtain the DTV Visa from the Thai Embassy in Phnom Penh...all inclusive package, flights, documents, 500,000 Thai baht bank account statement provided, Evisa application submitted, hotels 🛏️ 5 night's, meals, taxi 🚕, and on return to Thailand, the promised Safe Entry failed to get them thru Thai Immigration Officers ????
Paul *******
Paul *******
@James *******
Aha. That's another possibility!
James ********
James ********
@Paul ******
not a wise choice as I expect a crackdown on this in future. Same as crackdown similar to the Ed Visa and Volunteer Visas charade of recent years.
Greg *******
Greg *******
Nothing to do with DTV. Could you owe tax from something previous? Yes.
Greg ********
Greg ********
@Greg ******
My thoughts exactly.
Oliver ********
Oliver ********
Something must have been lost in translation because this doesn't make sense
Greg ********
Greg ********
@Oliver *******
Old unpaid tax bill. I remember a pal having one 20 years ago and arranged for it to be cleared before he came back. He had left without closing a company or paying tax. It was less to clear it than the actual bill :-)
Wannikea *********
Wannikea *********
Immigration detained 5 people over the same issue? I'm buying a lottery ticket
Greg ********
Greg ********
As it is a translation it is not clear but if I had to guess it could have outstanding taxes owing from previous work or business here.
Paul *******
Paul *******
Were you on a previous non-B, non-O or other eligible visa with work permit and didn't settle your tax bill? That would be the ONLY circumstance under which what you indicate in this post would be possible.
Ned *******
Ned *******
1) call tourist police for mediation.

2) there is no tax “indicated on the DTV” - however there is a tax law that started any foreigner who stays in Thailand for 180+ calendar days is liable to pay personal income tax “PIT”. However, that is not immigration police jurisdiction (unless there is an official notice from department of revenue) which They should present to you.

3) lawyer up using lawyers

recommended on your embassy’s website. You’ll pay much less to the lawyer.

*im not a lawyer. This is not legal advice*
Greg ********
Greg ********
1

Tourist Police will be told to go away and keep their noses out - they have very little jurisdiction anyway and even less when it comes to immigration. 3. If the person is not allowed entry then engaging a lawyer to facilitate entry is not so easy from a distance. If it is outstanding taxes then the advice will be pay up then claim rebate if you do not agree with the bill.
Miguel *************
Miguel *************
@Ned ******
over 183 days, the rule that applies in most countries anywhere.
Ron ****
Ron ****
This is so weird. Need more context
Will ************
Will ************
Looks like he’s been in Thailand for 3 years and working on a non-b. It’s been flagged and they want 35% tax on that income.
Andreas *********
Andreas *********
@Will ***********
you are spot on! This is the most obvious explanation
Miguel *************
Miguel *************
@Will ***********
that makes sense, as 3 years is quite a bit longer that 183 days. By law, he owes tax on his income earned while in the country, whether it's sourced domestically or not.
Paul *******
Paul *******
@Miguel ************
No, it's almost certainly related to domestic activities, not funds earned abroad. This means a business or working in Thailand. Period.
Ned *******
Ned *******
@Will ***********
Possible. But why would they post asking DTV visa holder? 🤔
Ned *******
Ned *******
Yeah, I’m that case it sounds like they have an outstanding tax bill from the non-b days.
Paul *******
Paul *******
@Ned ******
The issue is due to their previous stay in Thailand. Just because you come back on a DTV or other visa, doesn't wipe the slate clean of previous problems or issues.
Eric ********
Eric ********
@Ned ******
coz they said in French in the other group that they are 5 DRV holder in the same situation from the same group and that prior OP was living in Thailand for 3 years with a non B
Greg ********
Greg ********
@Ned ******
Probably lost in translation. The visa they are trying to enter on does not matter if there is a tax issue on his immigration record.
Greg ********
Greg ********
@Will ***********
That was my first impression too - he owes outstanding taxes
Kd *********
Kd *********
Doesn't make any sense.
Charles **********
Charles **********
Crazy if it’s a legit story
Pete *******
Pete *******
Not a problem, just show your Tax Clearance Certificate issued by the Director General of the TRD which indicates taxes are paid or you have provided securities to cover taxes owed which you applied for 15 days before leaving Thailand…..
Greg ********
Greg ********
@Pete ******
I get the impression this is about outstanding taxes and the DTV (or type of visa) is irrelevant
Robin *********
Robin *********
That is a matter to discuss with your embassy, not a Facebook group. Have you called them yet?
Greg ********
Greg ********
@Robin ********
What can your own embassy do?
Robin *********
Robin *********
The German one will probably dont do anything (except using my tax money for their stupid social media activivity. For those cases my second US passport is a good thing to have. They are quite helpfull.
Robin *********
Robin *********
@Greg *******
I know quite a few cases, where embassy helpeld people in those cases. Some friend even evaded punishment at all, when he crashed his motorbike drunk into a car in front of a police station. Just by threatening that he will not accept any fine or leagal punishment without talking to his embassy first. The reason is that embassys can make gouverment agencies public, which will hurts tourism.

Here is an example of their integrety
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Greg ********
Greg ********
@Robin ********
You have a lot of faith in the power of foreign embassies power inside another sovereign nation.
Robin *********
Robin *********
@Greg *******
well, if you're sure. I would always be carefull when dealing with corrupted agencys in Thailand like the police or immigration. Embassys are the only thing they scare, especially the US one.
Greg ********
Greg ********
@Robin ********
You can leave the country owing taxes. You suit by 31st March. Yiu get a bill after that. There is nothing stopping people from leaving. Many actually do. Many leave without closing their Ltd companies and this owing taxes and more
Robin *********
Robin *********
@Greg *******
how can you be so sure? Due to the missing facts and the fact that they stop you from leaving not entering the country.

I personally know an immigration officer and his BMW - M version is not paid rom his salary 😉
Greg ********
Greg ********
@Robin ********
If the guy owes taxes he is not being scammed. This is not a dispute over a taxi fare. As for earning the Immigration and Police work hand in hand in some locations very closely :-) :-)
Robin *********
Robin *********
@Greg *******
but they can prevent you from beeing scammed. Lot of criminal energy within the Immigration department. Not sure if they or the police earn more bribes.
Greg ********
Greg ********
@Robin ********
Embassy have no say in who a country allows in or not.
Robin *********
Robin *********
And DONT pay "taxes" to Immigration. Many are highly corrupted.
George *********
George *********
Scam
Anonymous ******************
Anonymous ******************
Tax on expenses? Anything in thailand that would require tax on expenses would already have VAT applied. If this is the case then definitely a scam.

Are you sure they don’t mean tax on income?
John **********
John **********
How do the immigration officers know how much tax you are due when you haven't yet filed a tax return for this year? Unless you have an outstanding tax bill from previous years and the tax man has informed immigration
Ned *******
Ned *******
@John *********
yes that’s highly likely.
Ciaran *********
Ciaran *********
@John *********
he may have been living and working here prior to his DTV but without information we are just guessing at this point.
Mateusz *******
Mateusz *******
You need to pay taxes only if you are in Thailand for more than 180 days per year. Actually banks started asking about your residencey(Kaskior) so it looks like "you don't need to pay taxes here" slowly ends
Miguel *************
Miguel *************
@Mateusz ******
is this about the income taxation rule that applies to virtually every country where you stay physically for over 183 days?
Paul *******
Paul *******
@Miguel ************
No. It's very likely related to previous employment or running a business in Thailand. Thai tax authorities can certainly chase down those who don't pay their taxes in such cases, but for foreign remitted income, I doubt they have the resources to do so.

If you don't legally work in the country you reside, very difficult to enforce anything.
Paul *******
Paul *******
@Miguel ************
You won't have any issues.

I think there is a gross misunderstanding of what's going on with whoever posted this.

Thailand does not have the ability to chase after individuals who don't work in Thailand and haven't paid any taxes.

The ruling is new and may backfire anyway.

If there were any enforcement, it wouldn't be until 2026, but they'll probably backpeddle once they notice an exodus of foreigners.

Already quite a few foreigners have left Thailand over this, even though there is probably no need to panic.

Moreover, imagine how frustrating it would be for immigration to tally up the days spent in country by someone like me, who enters Thailand 10-15 times a year? I don't see it happening.
Miguel *************
Miguel *************
@Paul ******
I guess so. My income is all foreign earned and I could possibly just stay over 183 days with no heat from the tax authorities, but just to play safe (and legal) I just avoid being there more than 183 days.
Jimmy ******
Jimmy ******
@Mateusz ******
agreed. Time to switch to cash and avoid using thai bank accounts then
Paul *******
Paul *******
@Mateusz ******
That's a very different scenario and I don't see immigration holding up people for that. It's very likely he used to work in Thailand and didn't settle his tax bill or something. Or he owned a business and didn't settle his bill.
Marco *******
Marco *******
@Mateusz ******
Pretty sure that law was set in effect this year, which means no one owes taxes yet based on that rule
Greg ********
Greg ********
@Marco ******
The 180+ days as tax resident is not new. What is new is that all monies remitted to Thailand if you are tax resident are assessible and maybe taxable. Before 2024 if yiu kept money earned outside Thailand for 1 full tax year you come bring in tax free. Thisean wealthy Thais would keep money offshore a year before bringing it home and no tax payable on it
Anonymous ******************
Anonymous ******************
Can elaborate with more info ? What expenses are they referring and how did they get the information?
Jai *******
Jai *******
It looks like a potential scam as immigration officer is not the one who is responsible for tax we have income tax department for that.
Marek ***********
Marek ***********
@Jai ******
Definitely not true. In Malaysia you cannot leave country if you haven't settled tax.
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Charles **********
Charles **********
@Jai ******
sure but if he dosent pay, he dosent get in and also this. May now happen at every border ….they start checking for tax evidence for DTV
Paul *******
Paul *******
@Charles *********
That's not happening. Sounds like a scam to me.
Jai *******
Jai *******
@Charles *********
not sure about it to be honest

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