becareful with words like "all", that's an absolute and "all" 61 treaties are different. In general, government pensions are most protected class of income. Many countries private pensions, retirement funds, annuities, are taxable in one or both states, depending on the treaty.
It's also very important to note that many people who live in Thailand full time, will likely end up paying tax only in Thailand and not their home country, many people assume it's the other way around.
As an American, who is a tax resident by citizenship, I am fully aware of having competeting tax residency. It depends on the treaty and the income class. Some might limit certain income from being tax in another, but certain income types might still be taxable on both. Often (not "always") that is passive I come like capital gains, dividends, royalties, interest, etc. Even with an exclusive right to tax clauses.
Taxes are not based on nationality or visa status. Tax residency is determined by how many days you are in the country
Income is determined assessable based on section 41 and 42 of the revenue code.
If you are living only one a government pensions, it's unlikely a concern. If you are living on a private pension or active income, I would advise you to seek a competent professional.
you might be looking at exclusive right to tax clauses, some countries treaties do have those if you fall into those requirements, that means your income would only be taxed by one country. A lot of people get that wrong though, thinking their home country gets the exclusive right to tax, but if you are a full time thai resident, Thailand would typically get the exclusive right to tax.
Double tax treaties are not anti-double tax treaties. Thier purpose is to tell you how you will be taxed by both countries. Most treaties and most income classes are fully assessable in both countries offset by credits.
Reviewing the Netherlands treaty, which is an old one, which is quite beneficial compared to most. There are income types that are taxable by countries like dividends and most passive income, articles 9 to 12.
to clarify, just because you payed tax abroad, doesn't mean you won't pay tax in Thailand. Typically, most treaties only give you a credit for tax paid against taxes owed. Both countries get to tax 100% offset by credits. Thailand tax system is more progressive than many countries, particularly the US, which means tax will still be do.
what legislation... the change last year is done and finalize. It was not legislative change, it was a re-interpretation of existing legislation. It was published in gazette almost a year ago, which makes it official. Not all professionals are competent, I would double check with a few others.
If you talking about worldwide taxation purposed legislation, that may or may not pass, maybe years away. Taxation on remittance still stands though.
Your advice might have been specific to your situation, particularly if you are just bring in government pensions, there is probably no concern. People with active income should absolutely be addressing their person situation.
I know this might sound strange, but i genuinely care about other people than myself.
This isn't trolling comment. If you have a different view point, I am genuinely interested in hearing it.
Let me give a real example, but change the names.
Tepa is from Pakistan, a much poorer country than Thailand. He has worked and lived in Thailand for 10 years. Paid his taxes and through his contributions paid the social taxes that pay directly for the hospitals.
Blake is from the UK. He worked for one of the largest financial companies in the world. He has never lived, worked, or pay taxes in Thailand. He came here on an extended trip for several months. Blake mom was thai, so he was very easily able to get a national id card and become thai.
If tepa and Blake both broke their arms, went to the same hospital, got the same care, tepa would have to pay more than Blake. Even though Blake is richer, doesn't live or work or pay taxes here. Blake treatment is partially paid by that the tax contributions from tepa job.
Do you believe that tepa and Blake are both paying there fairshare and why?
I believe the a more fair system would take something other strictly nationality into consideration. Using a residency based system is both reasonable and customary and would align itself with the UN civil rights treaties Thailand has ratified.
imagin for a moment being born in this country, go to school in this country, and work and paying taxes in this country. Your neighbor that lives on the same street, went to the same school, works the same job, and pays the same taxes. Yet he pays 40 baht and you 400 baht to enter a tax funded place. The only difference is your color of your parents passport at birth and your ethnicity, that's not a good basis to charge someone 10x more. Some people just don't care about the cost, it's more about the fairness and moral values.
..and yes, there are plenty of foreigners here where Thailand is the only country they have ever lived but its not easy to get citizenship.
right, the same immigration department that can't add you to the 90 day report system each new entry without your physical passport in front of them. I am sure this advanced computer system is just days away 🤣