Answereda year ago
What are the tax obligations for a DTV visa holder working for a foreign company in Thailand?
Hi, I have a DTV visa and I work for a French company from Thailand. I no longer pay taxes in France, but I'm wondering how things work for taxes in Thailand? Do I have to declare the amounts I import? Or my entire salary? Thank you.
Answer summary
An individual on a DTV visa working remotely for a French company from Thailand is uncertain about tax obligations in Thailand. Key points include the necessity to declare income brought into Thailand, especially if staying more than 180 days in the country, which makes it taxable. Clarifications about the DTV visa limitations and potential need for a work visa were suggested. It's noted that taxes may also be owed in France, despite the individual's residency status.
48 repliesnewest first
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John **********
How do you not pay taxes in France? All income from French sources is still taxable in France whether you are resident there or not. Additionally income you bring into Thailand (by any means, not just via a bank) in any year where you spend 180 days or more in the country is assessable for Thai tax. Thailand and France have a Dual Tax Agreement so you can claim a credit for any tax you may or may not have paid in France on the money you bring in
Anonymous *************
OP@John *********
The French tax office told me that I didn't have to pay taxes in France because I work physically from Thailand and I live there year-round. I visited the Thai tax office and was told to only declare what I import.
Chris ***********
All money coming in when you’re more than 180 days in Thailand in a calendar year.
Phil ******
ANONYMOUS MEMBER I recommend you seek professional advice so talk with Ben at Integrity Legal for this advice.
Andi ***********
@Phil *****
Not sound advice telling someone to speak to Mr Moan n Groan.Phil ******
@An**
your opinion. They will be speaking to his Thai accountants.Andi ***********
@Phil *****
Not just mine, many others too.John **********
@Phil *****
Ben opens his mouth and lets his belly rumble, no idea how good the Thai tax advisors that work for his outfit are but I don't think he himself is oneAndi ***********
@John *********
He is not a tax advisor and there is substantial doubt over his claim to be a lawyer. Integrity Legal ???Phil ******
@John *********
correct. He won't give advice yeh he rumbles but alot of so called tax agents have too. Like any business you need to ascertain if your advice meets your needs
Greg ********
@Phil *****
Of course a DTV holder can be a tax resident in Thailand. It is 180+ days in a calendar year plus assessible income ie cumulative and not consecutive days. Having a local bank account has no bearing on this.Phil ******
@Greg *******
amendedJohn **********
@Phil *****
that's complete nonsense. Anyone who spends 180 days or more inside Thailand in a calendar year automatically becomes a Thai tax resident in that year. Having a bank account is not relevant. Having a visa is not relevant.Phil ******
@John *********
amended
Anonymous ******************
Tu es payer comment ? Freelance ? Tu fais des factures?
Normalement en thailand Tu seras imposer uniquement sur le revenu que tu amenes en thailande.
Normalement en thailand Tu seras imposer uniquement sur le revenu que tu amenes en thailande.
Anonymous *************
OPParticipant anonyme 644 Je suis salarié statut expatrié
Anonymous ******************
ok, ce n'est pas une situation évidente, car comme tu as toujours une activité économique en France , la France peut toujours considérer que tu es resident fiscal Francais ...
Celon moi, normalement tu devrais payer tes impots en France .. mais aussi déclarer en Thailande ( si tu passes > 183jours ), et tu peux utiliser en crédit d'impot tes impots francais ( donc au final plus que probable que tu payes 0 € d'impot en thailande .. )
Celon moi, normalement tu devrais payer tes impots en France .. mais aussi déclarer en Thailande ( si tu passes > 183jours ), et tu peux utiliser en crédit d'impot tes impots francais ( donc au final plus que probable que tu payes 0 € d'impot en thailande .. )
Luit *****************
Normally you have to pay taxes in your home country or in the country of your employer.
When you do a remote job from Thailand for a French company you should pay taxes in France because your income is generated in France which means you are tax resident in France, even when you don't live in France.
When you do a remote job from Thailand for a French company you should pay taxes in France because your income is generated in France which means you are tax resident in France, even when you don't live in France.
Pete *******
@Luit ****************
incorrect, you pay tax where you are tax resident. Tax residency is based on where you are residing and NOT on where the income arises.John **********
@Pete ******
this is misleading. Many countries, including France, tax you on income arising in that country whether you are a tax resident or not.Luit *****************
Anonieme deelnemer Remote working is always a gray area, obviously in your situation French tax office sees your remote work not as working in France, but as working in Thailand. I doubt if this is correct...
Thailand sees your work as working in France, and not as working in Thailand, therefore you could get DTV.
So maybe you just are lucky, but I think you should double check with an independant expert in France, tax office employees not always give correct info.
Thailand sees your work as working in France, and not as working in Thailand, therefore you could get DTV.
So maybe you just are lucky, but I think you should double check with an independant expert in France, tax office employees not always give correct info.
John **********
You may also wish to look at the tax agreement between France and Thailand
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John **********
Further because you work for a French company you may still be considered a tax resident of France
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John **********
Anonymous participant I believe you have been misinformed
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Anonymous *************
OP@John *********
The French tax office told me that I didn't have to pay taxes in France because I work physically from Thailand and I live there year-round. I visited the Thai tax office and was told to only declare what I import.John **********
@Pete ******
I don't pay tax via PAYE, I have to file a tax return and have had to do so for many years, now I am no longer tax resident I still have to file and pay just like before.Pete *******
@John *********
PIT = Personal Income Tax. Your UK income is subject to PIT and paid to the UK government via the PAYE system. PIT is one of many forms of withholding tax charged at source.John **********
@Pete ******
no idea what PIT is. But its not about tax withheld at source. I haven't been a UK tax resident for 8 years but I'm still required to complete a UK tax return every year and pay any tax due as a result.Pete *******
@John *********
withholding tax = tax withheld at source e.g. PIT on UK income.John **********
@Pete ******
nothing to do with withholding tax. All income arising in France is subject to French tax. Just as all income arising in the UK is subject to UK tax. There can be some adjustments due to Dual Tax Agreements where tax on certain types of income is paid in one country or another but I'm not aware of any that affect earned income.Pete *******
@John *********
many countries apply withholding tax where income arises regardless of residency but that’s a different question to one of tax residency.Luit *****************
@Pete ******
I agree you pay tax where you are tax resident, but a lot of countries declare you tax resident when you generate income in that country, France for instance does this.Maybe you should inform yourself a bit better before shouting others are wrong.
I will help you with a link.
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Pete *******
@Luit ****************
glad you accept that you are taxed wherever you are tax resident. Countries do not declare you a tax resident, many countries have qualifying criteria you must satisfy in order to automatically become tax resident, centre of economic interest being one such requirement. Thailand does not have this criteria. Thailand only has a residency requirement therefore the question of whether someone has or has not a Thai bank account is irrelevant for tax residency.Phil ******
@Pete ******
your incorrect too. You pay taxes sure where you are a tax resident and where your income is banked is part of this. A person with a DTV cannot hold a bank account here and stays 180 day only. A DTV Holder is classified a tourist this not a tax Resident here.Phil ******
@Luit ****************
coreectLuit *****************
@Phil *****
no Thai bank account is not the same as no Thai income, tax laws don't mention having a Thai bank account as a condition for income.Luit *****************
@Pete ******
Are you sure you don't have to pay tax in Thailand when you have Thai income and stay less 180 days in that year?About the irrelevancy of the bank account you are absolutely right.
Phil ******
Anonymous participant 174 seek advice from a Thai tax accountant. I suspect speak to Ben at Integrity Legal
Anonymous ******************
@Phil *****
what about if they renew the 180 days and stay 360?Pete *******
@Phil *****
nope, DTV holders can absolutely become Thai tax residents. Having a bank account is irrelevant.Phil ******
@Luit ****************
ok but no bank account as deemed by the Thai government means no income is tagged to the person. The Thai government is closing accounts currently closing these accounts. This is why I recommended the OP to seek advice. Here's just one video. ************************************************
Luit *****************
@Phil *****
There is no reason why you should not be tax resident in Thailand when you have DTV.When you stay at least 180 days in a calendar year in Thailand, you are considered tax resident, even on tourist visa and visa exemption when you manage to stay that long, and also without a bank account you are still tax resident and money brought in might be taxable, depending on your situation.
That it is difficult to trace without a bank account does not change this fact, only might make it more easy to evade.
Coby ******
You might need to check this properly though. My understanding is that DTV is a tourist visa and you cannot work for a company registered in Thailand, although the company may have branches in different countries. The DTV is for foreigners who work for an overseas country which allow them to work remotely or as digital nomads. Your situation doesn't sound like you're on a workcation, you literally are working in Thailand and you may need to get a proper work visa instead. Worth clarifying this with a visa expert just so that you don't get into any trouble with the immi krab.
Elías ********
@Coby *****
I don't think the OP is working for a Thai registered company. I mean, that's not what he said.Coby ******
@Elías *******
if they are working for a company based in France, then they would have to continue paying tax there, right? They only need to pay tax in Thailand if they work with a company or business in Thailand. Unless France has double tax agreement with Thailand just like Australia, then they can choose to be taxed either in their home country or in Thailand. Did I get the information right?Elías ********
@Coby *****
not always. Each country has different tax rules. In my home country (Korea), yes, if you work for a company established within Korea and get paid every single month, then you must always pay taxes in Korea for that income, whether you physically stay there or not. But in other countries, you don't pay tax if you don't physically stay there for over a certain period, even if you get income from there.Pete *******
@Coby *****
incorrect.
Waqar ********
@Elías *******
exactly, he meant that I am in Thailand and working for a France based company.Activity
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