Anonymous participant Can they monitor ATM use ?? Likely not initially tho they have signed up to FATCA and other banking data sharing info.

For the 'men of straw' who can just leave at the drop of a hat then the risk is low, for those of us with lives, assets, houses, vehicles etc.. Then the risk of trying to avoid a couple of grand USD in tax annually v the potential for claims against those assets is a different set of choices.

But then theres plenty of other careful options.. You can gift your spouse 20 mil a year tax free, so then the day to day running of the household can be her task.. If you import a few 100k for visible personal spending the bill becomes very manageable. But everyone should have a plan.

But here it is from another this time australian source, for those tax resident over 180 days.

i suspect the first year is going to be a total sh!t show anyway..

I imported 5 mil last year, plenty to see me through this year and also have taxed at source income that I can bring jan 1 2025 to cover me much of next year. I should be good to 2026 tax year with care due for filing in 2027 with that plan.

@Sam ********

sure.. but if you miscalculate your zero liability, or you're incorrect in understanding the language of the DTA or similar.. then its 100% of the correction because you didnt file.

But yeah this assesability v liability difference is odd as it should be so clear, even the most basic of definitions they dont want to give clear stances on.

Anonymous participant But the assumption is everyone needs some money to survive.. So how do you live if you dont have incountry savings ??

@Andy ***********

as upton sinclair noted.. It is difficult to get a man to understand something when his salary depends on his not understanding it.

Your understanding of sole taxation rights is incorrect when you are a tax resident of another country, as already pointed out and even indicated in the very link you used to defend yourself.

Secondly your claiming that Australia has first claim (agreed) but doesnt tax it.. Which then gives Thailand the right to tax it on remittance to Thailand. A Double Taxation Agreement does not prevent SINGLE taxation by Thailand, it prevents you being charged taxation both sides.

Every single tax pro and lawyer I have spoken with on the topic here is in agreement. Not a single one has had another opinion when it comes to Oz super.

@Jim *******

But he said he brings in his pension every year.. making it taxable..

@Andy ***********

if you're here over 180 days that creates dual residency. What you still don't seem to get is Oz may have first claim, but when they don't claim that right (as per super) that doesn't mean another country cannot tax that same income. Double tax protection is to stop being taxed twice, not one country making it's own rules for tax residents.

And any untaxed pension income, which is super, remitted to Thailand then becomes Thai assessable income. 100%.

If you can claim it is savings not investment returns is not something I have checked but pension disbursement under super annuation brought here is Thai taxable and not filling that return can generate a 100% fine.

Getting an overseas lawyer to write a letter changes none of those facts.

There going to be a lot of shocked Aussies next year. Super is unprotected under the DTA unlike many other countries pensions taxed at source, precisely because it is not taxed.

@Jim *******

The exact same outcome was spelled out by and a more lawyer based accounting company I chatted with. Also the exact same outcome applies under Oz DTA's to UK and EU with the same language and does mean tax due on super when residing there.

A certificate of residency isnt total cover when you have physical residency in other countries also, as the very link you use says "You can be a tax resident of more than one country at the same time. When you have dual tax residency, the relevant double tax agreement may determine your country of residence for tax treaty purposes and which country has taxing rights over certain classes of income, to prevent double taxation", for example I have tax residency in UK, Ireland and Thailand concurrently, some of those income streams remain taxed at source always, some dont but if not 'correctly' taxed at source it becomes Thai taxable on remittance. Also if you pay a lower tax in one country your tax credit only covers that amount and you must pay the step up to the higher band in the other.

You seem to have missunderstood the 'soley' clause in regards to residence and wish it to be true, while ignoring the second and 3rd clauses indicating it isnt. Every legal pro I have spoken to has said Oz super is now Thai taxable.

Finally the issue here is less the residence claim but more the fact that Oz doesnt tax this class of income while Thailand does. So it is not already taxed income and given the allowance or tax credit under DTA. The DOUBLE taxation agreement protects you against paying taxes TWICE, it does not mean you can avoid Thai income tax on pension income when you do not pay income tax on pension income in Oz. That isnt the scope of DTA's to deny a country the ability to tax if no other country has taxed it at source. That is very much in the name of DOUBLE taxation agreement protections.

@Andy ***********

Not only him I have spoken to 3 tax specialist companies and all said the same.

Plus that is EXACTLY how it also works in UK or EU for Australians who have taken up residency there. They must pay local tax on their super.

You seem to be missing points b and c and only focusing on A anyone with 180 days a year here are going to fall into the habitual abode or dual home categories.