What Should DTV Holders Know About Filing PND94 Tax Returns in Thailand?

Sep 11, 2024
2 months ago
Graham *******
ORIGINAL POSTER
Important heads up for DTV holder who are resident in Thailand for 180 days. You mut complete PND94. The Half-Year Tax Filing Deadline is Fast Approaching... Do You Need to File a PND94?

This only applies to certain types of income:

Those with Thai rental income.

Those who have been in Thailand for 180 days or more and have remitted (transferred) overseas rental property income to Thailand.

Other situations that may require filing include:

Working as an individual contractor.

Income from a liberal profession.

Running a business, commerce, agriculture, or transport.
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TLDR : Answer Summary
DTV visa holders residing in Thailand for over 180 days must be aware of their tax obligations, particularly the requirement to file a PND94 form if applicable. This includes those earning Thai rental income, foreign rental income remitted to Thailand, or engaged in other types of income such as individual contracting or running businesses. The tax implications vary based on residency and the presence of double tax treaties with their home countries. Discussions in the comments highlight concerns about the enforcement of these regulations and the potential need for documentation to prove income sources and prior remittances.
DTV VISA RESOURCES / SERVICES
Simon ********
when u say running a business what if that business is not in thailand?
Andrew *****
Yes, you must file krub pom. Can contact me if you need tax agent
@Graham ******
. Thanks na krub
Sam *********
also, would i be correct to think this (for now) is only on money actually remitted to thailand? if the money was owned prior to jan 2024 also not taxable (does this need to be reported if remitted anyhow even if not assesible?)
Graham *******
ORIGINAL POSTER
@Sam ********
only money remitted into Thailand, for savings prior to 1st jan this is not taxable, but you need documentation to prove what your claim. There is a proposal to tax all income even if not remitted to Thailand, lets hope things don't get that bad.
Sam *********
yes,i had cash (not taxable) and investments that are seperate and would be taxable when sold assuming i remit money to thailand
Sam *********
ok, thanks. will submit. luckily i had 5 years worth of living expenses sat in my uk bank end of 2023
Graham *******
ORIGINAL POSTER
@Sam ********
if u have investments aquired before 1st jan any income after that date is taxable. make sure you have documents to prove.
Sam *********
so i need to submit a tax return to tell them i am transfering non assesible income (earned prior to jan 2024)?
Roberto *********
@Sam ********
Unlikely you'll need to file a tax return in Thailand if you have already paid tax on your "remittances" as differences would be so minimal it would easily be covered by the deductions. If the Thai tax office enforced this detail, they would be inundated with forms which ultimately would cost them several thousand baht to process with nil return
Sam *********
uk investments for non-uk tax residents are not taxed so many wont have tax paid. in this case the CG would be taxable if remitted to thailand. agree unlikely to get caught but also dont want the possibility. i plan to be non thai resident every few years and transfer a few years living expenses from uk in that year. take a 6 month holiday from thailand every few years....
Graham *******
ORIGINAL POSTER
@Roberto ********
yes, I agree on that point but its up to individuals to check and not assume they have no tax to pay.
Roberto *********
@Graham ******
I think it's best to remain silent. If the Thai Tax Office wishes to carry out an audit (Probably a million to one chance), you simply produce the Tax Paid document from your home country, work out the difference with Thailand, deduct the allowances, and put out your hand and request the Thai Tax Office gives you the difference 😂😂😂
Graham *******
ORIGINAL POSTER
Sam *********
@Graham ******
do you need to submit a return if transfering money owned prior to jan 2024 with proof, or just be able to prove if asked? if it goes to a worldwide tax then i think plenty will leave or be <180 days. i will for sure
Graham *******
ORIGINAL POSTER
Sam Taylors be able to prove if audited. fine for not reporting is 200% of the tax due + the tax. Yes, many will leave.
Siggi *******
@Graham ******
what a bullshit, no one will be taxed as Thai tax office have no clue what you earn, how long you are in the country, 75% of all Thais not fill tax returns. You can't tax people if them not given equal rights in Thailand. Even in Europe they not have any chance to prove how long someone is in a country.

Thailand can't tax tourists without residencial rights for income outside Thailand. And Thailand will never have the information to know how much, who and when earned. Because then they must open their social insurance for all foreigners and they must give the right to buy land.

There is no logistic way to get this tax from foreigners. How they want to get the money when it's not in a bank in Thailand and how they want to prove there is any open tax?
Peter *********
I ain`t filing s**t.
Roberto *********
@Peter ********
I'm with you man! Stay under the radar!
Lee ***********
However, you only pay tax due to Thailand, if your home or residence is in another country and there is a double tax treaty then you remain liable in your home country, that doesn't mean you don't have to file a thai tax return. What it means is you pay tax where you earn the money. Your birth country of residence takes precedence. If your a nomad living in Thailand or residing in Thailand and have cut ties with your home country, then Thailand takes precedence. You have to pay tax somewhere (unless a tax free haven) and tax in Thailand is probably lower. Likewise living in Thailand, but still registered in another country does not mean you don't have to pay taxes in that country or file a return. This maybe where Thailand have been clever with the DTV and the questions/proof required.
Daniel *******
@Lee **********
I will simplify this. Yes, basically any country you live in over a half year, you should pay taxes also there. Meaning, if you home country taxes you 15%, and Thailand wants 20%, then you have to pay that 5%. That is on the paper.

The reality however is, that unless you TRANSFER the money to a Thai bank account, you can't be taxed. Which is what here mr Graham is making up and trying to scare everyone around lol.

No Thai law can enforce that, same as no other country is able to enforce that.

Johny Graham here is salty old man, angry that people get easy long term visas, while he had to go through hoops and loops to maintain his, so now he is trying to poison everyone with his bullcrap. Some old people are like that.
Graham *******
ORIGINAL POSTER
@Lee **********
DTA does not work that way. In general, you get a tax credit which can be offset against any Thai income tax. Your residency in another country is a matter for that country. You do not have to severe connect with your home country or any other country for that matter to change your tax status anywhere, tax is based on residency. Your post is uttery 💩. I notice you are uk citizen. perhaps this vid will enlighten you, but there again probably not, you are so so off the facts.
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Lee ***********
@Graham ******
graham, Firstly don't be rude. I'm applying for a DTV and I've read the tax treaty between Thailand and England to understand enough and to keep my home residence, I understand where I'm liable for tax and what to bring into Thailand. I've also owned a home in France for many years, I stay linked to my home country and pay taxes there, there are benefits and protection in doing that. I don't Think I know everythinglike some, I'm entitled to share and happy to learn more.
Graham *******
ORIGINAL POSTER
@Lee **********
I should have said you will pay capital gains tax in Thailand minus the capital gains tax you pay in France.
Lee ***********
@Graham ******
there was a law in France at the point of purchase that capital gains tax was only due on a sliding scale until 15 years, let's see about that now we're not in the EU, France love their tax and the Notaire is basically a government tax collector lol 😉
Graham *******
ORIGINAL POSTER
@Lee **********
For your property in France and the capital again it has nothing to do with Britain unless you are a resident there. You will incur a capital gain in France according to French law. If you are resident in Thailand you will incur a capital gain in Thailand according to Thai law. In Thailand you can deduct the tax you paid in France from the tax that is due in Thailand. You will need to read the rules very carefully as to how Thailand calculates capital gains. I suspect tax is due on the difference between the buying and selling price without any offsets. If you are going down that route I suggest you discuss it with a Thai CPA. I have a similar issue when I sell my House in America next year, I will dodge the issue completely by not being in Thailand for 180 day next year, instead I will be in Philippines which does not tax foreigners on overseas capital gains.
Sam *********
@Graham ******
thailand doesnt have CGT so for most who have CG they will need to pay standard income tax rates in thailand when remitted. so investments in the uk for example would be hit at personal income tax rates rather than CGT rates which are lower in the uk, or zero if non-uk resident.
Graham *******
ORIGINAL POSTER
@Sam ********
CGT is not zero in UK if the asset is resident in uk. If you sell a house there is CGT to pay etc. Thailand has CG they just tax it as the same rate as ordinary income.
Sam *********
i have an account there but not transfered yet, but as far as i know as a non-uk resident (based on days with the SRT) my uk investments are not taxable (unless its property)
Sam *********
@Graham ******
property is different in the uk and taxable for non residents, but dividends, or cgt from selling stock etc is not taxable for non-residents as far as i know (and have called hmrc twice recently to confirm thsi)
Graham *******
ORIGINAL POSTER
@Sam ********
I keep my stash in Jersey!
Graham *******
ORIGINAL POSTER
@Lee **********
Lee, you cannot severe links with UK, you are a citizen, if you severed links, you would be a stateless person and that's not permitted under international law. You can give up residency only. There is a proposal, I think it will happen, to tax residents in Thailand on their global income. So if you sell that house in France and you are resident in Thailand with a DTV or other visa, you will pay capital gains tax on the profit from the sale. Many people who are apply for the DTV will become first time expats and have no experience of international tax, for some I am sure, this will end in tears.
Han *****
DTV is a tourist visa. Why do you need to pay tax?
Daniel *******
@Graham ******
The tax residency law is in since mid 20th century, every western country has it, every asian country that is a bit developed as well.

NONE OF THE COUNTRIES CAN ENFORCE IT UNLESS YOU BRING THE MONEY TO THEIR BANKS.
Graham *******
ORIGINAL POSTER
@Daniel ******
All countries that I am aware of tax residents on global income. thailand currently only taxes remittances into Thailand, once against, retard, my OP is about the extension of this and will bring Thailand into line with every other country, that is tax global income.
Daniel *******
@Batuh ***
dont worry, nobody will tax you as long as you don’t send money to thai account
Jim *********
@Batuh ***
all who stay in thailand for more than 180 are considered resident and will be subjected to tax regardless if you're holding a tourist visa.
Graham *******
ORIGINAL POSTER
@Jim ********
if u are holding any visa except LTR.
Jim *********
@Graham ******
LTR is almost impossible to attain due to very stringent requirements.
Graham *******
ORIGINAL POSTER
@Jim ********
Actually Jim its very easy to get if you meet the requirements, here are the requirements.
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Graham *******
ORIGINAL POSTER
@Batuh ***
Anyone who is resident 180 days or more is liable to pay Thai income tax, there are no exceptions. The DTV is not issued by the tourist dept.
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/FOREIGNERS_PAY_TAX2024.pdf
Sam *********
i imagine for digital nomads they will either stay <180 days and not be resident in thailand or perhaps anywhere, or stay 180 days and just do nothing until there is a problem
Daniel *******
@Sam ********
doesn’t apply to you if you don’t transfer money to thai bank…this guy knows nothing, don’t listen to him
Graham *******
ORIGINAL POSTER
@Sam ********
thats what many intend to do, we do not know how this will be enforced. No one paid it yet.
Jim ***********
@Graham ******
amazing how many comment and have no idea 180 days or more tax resident. Spot on reply from you 👏
Daniel *******
@Jim **********
no, he is wrong…it applies only to income that you bring in thai bank. If you use atm and pay with your foreign cards, nobody can tax you on anything. Graham is a clinical liar lol
Graham *******
ORIGINAL POSTER
@Daniel ******
has nothing to do with how u bring money in.
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Daniel *******
@Graham ******
it has everything to do with it 😂
Graham *******
ORIGINAL POSTER
@Daniel ******
by what ever means remitances are made, cash, credit card, atm, gold bars rolex watches, wiss, western union, they are all considered remittances.
Daniel *******
@Graham ******
However, there is an exemption from being subject to income tax in Thailand by meeting one of the following conditions:

1. The individual must not reside in Thailand for 180 days or more in a particular tax calendar year.

2. Invest on a foreign investment fund or Depositary Receipt.

3. Does not bring an income from overseas into Thailand.
Graham *******
ORIGINAL POSTER
@Daniel ******
3) will not work if the law is extended to global income, which is the OP. Clearly you just just making 💩statements to make me respond and teach you. 2) is💩
Daniel *******
@Graham ******
We spoke about it before. It is ALREADY global lol, half year+ residency= tax residency is a law old dozens of years😂 Valid in every single country.

And NO COUNTRY has access to foreign tax reports, to be able to enforce that.

STOP MISLEADING PEOPLE

Get in a peace with the fact that there is a better visa than the one you have used, that was hard to acquire incouding hoops and loops.

don’t be salty old man lol
Sam *********
@Daniel ******
thailand does not tax global income. for now it is still a territorial tax system.
Daniel *******
@Sam ********
I know how it works :D
Sam *********
by global tax we mean that thailand may tax any overseas income in the future, rather than thai income or income remitted to thailand which is what it is now.
Daniel *******
@Sam ********
lol, no, thailand can’t tax income that is not brought to the country 😂 not sure what you mean by some global tax😅😅
Sam *********
@Daniel ******
yes this is the current situation and thailand may only tax money remitted to thailand. it is proposed that they will tax globally like many other countries already do. i think it is unlikely but it is being talked about now and may happen.
Daniel *******
@Sam ********
You and Graham are delusional in how that works. What don't you understand on the fact that it is IMPOSSIBLE to tax you on money you don't bring to Thailand. This is genuine question, why would you think that Thailand would have free access to your tax reports in you home country? 🙂 Literally no country would share such an information with any other country.

Your idea that if one country makes a law, some other countries will start acting by the law is extremely delusional too
Sam *********
@Daniel ******
how do you think the uk or usa gets this information and taxes worldwide income? it is still a proposal at this stage but it certainly is possible and doable imho. but as ever i will wait and see what officially happens or doesnt
Daniel *******
@Sam ********
Yep, and they are their own citizens. That is a bit different than third party asking about a citizen of another country.

And I can already tell you, nothing is going to happen.

Again, feel free to tell me on what law or agreement basis will a country share tax information on own citizens.
Sam *********
it is not just their citizens tho is it, it is their tax residents. a french citizen tax resident in the uk will have to pay tax on worldwide income just as a uk citizen tax resident would. i agree that this will not likely go ahead in thailand but it certainly is possible.
Daniel *******
@Sam ********
Nope. And for the last time. No country shares tax information about own citizens with another country. There is no law or agreement that would allow that.
Sam *********
banks track transfers and share information with tax authorities
Graham *******
ORIGINAL POSTER
@Daniel ******
it is not global you Prjick, you have no idea what you are saying.
Daniel *******
@Graham ******
lol, you're such a dummy...let me simplify it for you. Global means that literally every single a bit developed country has the SAME LAW. Meaning, half year+, it becomes your tax residence. The whole west and majority of Asia.

It is not some magical Thai law, it is worldwide thing, everyone did it. Dummy :D
Sam *********
@Daniel ******
global tax is not in refference to the 180 days rule of becomming resident, it is about what income is taxable once resident
Graham *******
ORIGINAL POSTER
@Daniel ******
the best exemption is to get an LTR.
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Graham *******
ORIGINAL POSTER
@Jim **********
I am fortunate that I am a member of a well-established expat group down here in Pattaya, we had a live seminar from Carl Turner who has subsequently created many YouTube videos and continues to do so. He is an investment adviser, yes, but has jumped on the tax bandwagon, many of us have been following him and we have picked up a lot and have been able to verify his opinions with others. People have accused of scaremongering, this is untrue, I am simply trying to get people to consider their new surroundings. Beyond Thai income tax, there are several other issues I have, not least of which is "Thai sales tax". If a digital nomad is performing a service for say an EU company, does that digital nomad have to write an invoice to their client for services renders and does said digital nomad have to add/collect sales tax?🤔
Gerry ********
@Graham ******
DTV does not permit the holder to work in Thailand directly for Thai clients. It's a 'workcation' visa and the actual business/company/employer/client-base must be offshore. That needs to be proven as part of the application.

Therefore, there are no VAT/GST/sales tax implications in Thailand.

Tax residency is another matter and many DTV holders will inevitably become tax residents of Thailand and need to deal with the consequences of that.
Graham *******
ORIGINAL POSTER
@Gerry *******
I do not agree I believe that sales should be included on any invoice.
Gerry ********
@Graham ******
DTV holders are not resident in Thailand, therefore they are legally resident somewhere else, usually their home country.

Invoices are therefore issued from their home country, or wherever their business/company/employer is based and payments are received into a bank in that location - not Thailand.

I'm trying to think of an example where your point might be valid, but I can't see how it's possible/legal. If you have an example, I'd be interested to know.
Graham *******
ORIGINAL POSTER
@Gerry *******
DTV holder are tax resident in Thailand if they spend 180 days or more in Thailand. I was freelance, not in Thailand and I always added VAT to my invoices when I was resident in Uk and invoicing my German clients. I have a further issue with this, and this is: If they are predominantly invoicing one client then they have established a "regional office" and must get a work permit and must employ 4 Thai's.
Gerry ********
@Graham ******
tax residency is not the same as residency!

If you were adding VAT to your invoices in the UK, then you had a UK business or company that was registered for VAT.

No DTV holder will be collecting VAT on behalf of the Thai government, because a DTV holder cannot conduct business in Thailand.
Graham *******
ORIGINAL POSTER
@Gerry *******
if u invoice across a border does not mean its vat free. If you make a service to another then you apply VAT, you do not have to be registered as a company. Here is the definition of tax residency from RD.
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/FOREIGNERS_PAY_TAX2024.pdf
Gerry ********
@Graham ******
you're still conflating issues.

Read this:
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VAT has nothing to do with income tax. It is a completely separate tax system whereby you collect tax on behalf of the government, then return it to them, as part of the VAT return. Individuals/businesses/companies that provide goods or services over a certain amount are required to register for VAT and then collect/return it. This is true for UK, Australia AND Thailand, among many other countries.

If a DTV holder somehow finds themselves required to register for VAT in Thailand, then they have obviously conducting business in Thailand, which is a violation of the DTV.

Again, tax residency (income tax) has nothing to do with VAT.
Graham *******
ORIGINAL POSTER
Jim ***********
@Graham ******
yes so many experts on Facebook haven't a clue what saying. I'm just waiting see how goes . This is Thailand things change.
James ********
@Jim **********
I respectfully disagree.
Han *****
@Graham ******
what if I leave the country before 180 days and come back a few days later?
James ********
@Batuh ***
it's 180 days cumulative in a calendar year.
Graham *******
ORIGINAL POSTER
@Batuh ***
The law says you must be resident for a TOTAL of more 180 day in a Calendar year to be tax resident. So as long as you are under that total you are not tax resident.
Roberto *********
Yay for the pensioners!! 💪
Gerry ********
@Roberto ********
you can't really live retired in Thailand on the DTV though... At best, you still need to leave the country every year.

You also need to demonstrate a valid reason why you qualify for the DTV.

The tax issue is moot in any case and has nothing to do with most visa types, including DTV and the retirement visas.

Australian pensions and annuities (super payouts) are exempt from assessment in Thailand, as part of the Australian-Thai Tax treaty.
Roberto *********
@Gerry *******
Agreed it depends on individual circumstances. I'm retired but I travel overseas frequently (I haven't done a 90-day report since covid), so the DTV is better for me on two fronts, it's cheaper plus no visits to immigration required. I have an investment property portfolio in Australia, so I've got a registered business (I'm the only employee) which administers the properties. This "job" can be done remotely so I qualify as a "remote worker" under the DTV guidelines. You are correct that Australian pensions are not taxable in Thailand, provided the recipient retains Australian Tax Residency which I easily do, so taxation in Thailand is not an issue for me
Gerry ********
@Roberto ********
I'm in a similar position actually. I recently turned 50, so I could get a Thai retirement visa, but I do still work, often remotely and I do come and go, so the DTV is a Godsend.
Graham *******
ORIGINAL POSTER
@Roberto ********
so to maintain auss tax residency is there a minimum number of days you actual have to be present in auss?
Gerry ********
@Graham ******
it's actually quite difficult to stop being an Australian tax resident. Anyone with Australian assets that make income (basically everyone, because of superannuation) cannot shake the tax residency, which is an annoyance in many cases.
Roberto *********
@Graham ******
No there isn't, it's based on a number of factors, all of which are ambiguous. There is a proposal to tighten the criteria which at its base will be Australian Citizenship and 45 days in the country in every two year period. It's extremely easy to maintain residency in Australia.
Graham *******
ORIGINAL POSTER
@Roberto ********
Are you saying they propose to re-write the DTA with Australia?
Roberto *********
@Graham ******
Nothing to do with the DTA. I'm talking about the criteria to be an Australian Tax Resident
Graham *******
ORIGINAL POSTER
@Roberto ********
I suspect it does. Do you have a link?
Roberto *********
@Graham ******
Go to the ATO website and in the search box type in resident for tax purposes. It'll bring up the three different methods to assess it
Graham *******
ORIGINAL POSTER
@Roberto ********
ok, thanks, will do.
Jazi ********
so what types of incomes are tax exempt for dtv holders?
Roberto *********
@Jazi *******
Any income overseas is not subject to Thai tax. If you pay tax overseas you don't pay in Thailand
Jacek *************
@Roberto ********
Depending on your country and not true
Graham *******
ORIGINAL POSTER
@Roberto ********
💩As i have said before to you, in most cases you get a transferable tax credit for tax paid at source for tax already paid.
Steve ************
@Graham ******
but my tax rate would be different in the US than in Thailand for the same amount of income.
Roberto *********
@Graham ******
Exactly. So nothing to pay in Thailand. If there's a few pennies difference, they'll be offset by the deductible allowances. Laughing
Graham *******
ORIGINAL POSTER
@Roberto ********
depends on how much tax you pay in the source country. You would be living on starvation rations (120,000) to not pay anything Roberto.
Roberto *********
@Graham ******
Exactly! I already pay too much in Australia at the high end!
Graham *******
ORIGINAL POSTER
@Jazi *******
happy reading
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Graham *******
ORIGINAL POSTER
@Jazi *******
holding a DTV or other visa does not exemp you from tax on its own. You will need to read the DTA for the country where you will remit funds from. Only the LTR will give tax free status. It's intended for the wealthy. Enjoy:
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Graham *******
ORIGINAL POSTER
@Roberto ********
could you clues us in for those who don't speak 💩
Roberto *********
@Graham ******
No tax on pensions 💪💪💪
Graham *******
ORIGINAL POSTER
@Roberto ********
Pension income is subject to Thai tax and subject to DTA so your generalized comment is incorrect, might be true in specific cases but my OP has nothing to do with pensions. The most important part of the OP is "liberal profession" and what that implies.
Chris ****
@Graham ******
what’s a “liberal profession”? I’ve never heard that before.
Graham *******
ORIGINAL POSTER
@Chris ***
I am glad you did not turn that political. here one reference I searched for: The liberal professions can be characterised as follows:

they provide intellectual services based on a specific professional qualification or skill,

these services are provided personally and are based on a relationship of trust,

the activity is carried out autonomously and on a professionally independently basis,

the liberal professions are characterised by a professional ethos, they have an obligation to the contracting authority and are required to act in the public interest,

and they are subject to a system of professional organisation and oversight. Health care professions: Doctors, dentists, veterinarians, medical practitioners, physiotherapists, midwives, massage therapists and qualified psychologists.

Legal, tax and business consultancy professions: Solicitors, patent lawyers, notaries, auditors, tax consultants, tax agents, advisory general and business economists and chartered accountants.

Scientific and technical professions: Surveyors, commercial chemists, architects, pilots and experts.

Cultural occupations: Journalists, press photographers, interpreters, translators, scientists, artists, writers, teachers and child care workers.
Roberto *********
@Graham ******
Exactly! With retirees switching to DTV with zero financial requirements within Thailand it's now a walk in the park - as it should be - pensioners have paid their tax over a lifetime! 💪💪💪
Graham *******
ORIGINAL POSTER
@Roberto ********
DTV has zero financial requirements? I suggest you refer to those who have to pay for them and have had to prove they have 500k in a bank.
Roberto *********
@Graham ******
Zero IN Thailand yes
Graham *******
ORIGINAL POSTER
@Roberto ********
Does not make any difference where you pay it, you still pay it.
Roberto *********
@Graham ******
You don't pay anything 😂😂😂. You really don't know how this visa works do you? Just about every pensioner would have the equivalent of 500k baht in a home country bank or pension fund. Nothing is "remitted" to Thailand! 😂😂😂
Graham *******
ORIGINAL POSTER
@Roberto ********
You started out saying "costs nothing". You have to pay for the DTV. Does not matter where "you pay for the DTV"
Roberto *********
@Graham ******
I'd pay for the visa in Australia. However, this thread is about paying tax on remittances to Thailand. If there's no trace of any remittances there's no tax