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thai tax residency
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Am I following the correct process to obtain a Thai tax residency certificate?
Hi everyone,
I’ve been living in Phra Padaeng, Samut Prakan with my wife for several years now. I’m 49 years old and a tax resident in Thailand (I live here more than 180 days per year). I’m not a tax resident in Spain.
My mother left an inheritance to my siblings and me. We are three brothers: two of us live in Thailand, and one lives in Spain. The two of us in Thailand granted full power of attorney to our brother in Spain (via the Spanish embassy in Thailand), so he can handle the property sale on our behalf.
I know that I should not transfer the money in the same year the property is sold, to avoid any issues with income tax.
Now that part of the inheritance is being sold, I want to transfer my share of the money to my Thai bank account and confirm that I am a tax resident in Thailand. I understand I need to apply for a tax residency certificate from the Thai Revenue Department.
These are the documents I believe I need:
1. Passport with a valid visa and entry/exit stamps showing more than 180 days in Thailand.
2. TM30 (address notification), already stamped in my passport.
3. I don’t have a Thai Tax ID (TIN), as I’ve never filed taxes in Thailand.
4. Application form for the tax residency certificate (to be obtained at the Revenue office).
5. A simple statement explaining that the certificate is for personal purposes and not related to filing income in Thailand.
Could anyone who has gone through this process confirm if I’m doing everything correctly? Am I missing anything or should I be aware of something else?
Hypothetical question: If a foreigner has a TIN does this automatically make him/her a tax resident even if he/she has not been in Thailand more than 180 days in any tax year? If anyone has a definite answer this would be appreciated.
The law on taxation in Thailand states that if you stay for more than 180 days in a year, you are considered a tax resident and must pay taxes in Thailand, regardless of your visa type. However, it also specifies that obtaining tax residency requires the appropriate visa. This means you cannot establish legal tax residency or file a tax return while on a tourist visa, especially if you’re doing border runs—it seems that this is not legally allowed.
So my question is: Can you obtain Thai tax residency and file a tax return with a DTV visa? Has anyone successfully done this in 2024?
I’d appreciate any insights on this topic. Thanks!
I heard that you need to stay in Thailand for more than 180 days to become a tax resident. Does the 180 day count get reset if I leave the country and come back in?
So I have the DTV approval but a bit worried about double taxation. Did they ever offer insight into how taxes would work for people who stay over 6 months?