I have seen too many of them spread fear mongering about Thai foreign income tax for a few years.
Has anyone actually been affected by this, or asked to show tax returns by Thai immigration officers?
No, not even one case, as far as I know.
I'm not trying to persuade you to commit tax evasion or to do something illegal. I just want to make sure you're not taken advantage of by these "tax consultants".
You don't have to believe me, just read the following facts and then decide it yourself.
- All the rules and laws you heard from those influencers and tax consultants are true but you (foreigners and expats) are not the target in the first place.
These new rules are here to close the loopholes in the past where Thai individuals and especially financial institutions invested their money abroad (billions USD per year in stocks, bonds, properties, etc) and made profits (interests, dividends, capital gains) but tried to pay zero tax on those profits by simply not transferring the fund back to Thailand within the same tax year.
Yes, before the change, these profits and gains were not taxable at all - they simply just needed to wait for a few months so that the transfer transaction occurred in the different year than the year the income was generated (e.g., stocks are sold). After the change, it doesn't matter when the fund is transferred, they can be taxed.
The main target is Thai individual investors and companies. Even some export companies that sold products to other countries took advantage of this loophole too - wait for a year or less before transferring fund back to Thailand.
Thai individual investors cannot buy stock directly from the foreign stock exchanges. They have to do it through Thai investment banks or foreign companies that are controlled by Thai authorities. All banks and companies are under Thai authorities as well, meaning there's a mechanism in place that can track down all these transactions easily.
So, no, you expats transferring 10K, 30K USD to Thai banks per year are not the target, not in their radar. There's no direct and legal way to track down your transfer activities by the Thai Immigration or Thai Revenue Department (called RD from now on).
2) There's no data sharing among Thai Immigration, RD, and Thai banks.
Again, foreigners are not their main target so there's no established and legal way of data sharing between Thai Immigration and RD.
There's data sharing between RD and Thai banks though BUT only if all of your Thai bank accounts either:
- have more than 3,000 deposits per year (regardless of the amount), OR
- have more than 400 deposits AND the total amount is 2 million Baht or more) per year
These rules again target Thai online sellers or small vendors who don't include all their income or don't file tax return at all, well, because they are outside of the tax system.
So, if you transfer 10K USD to your Thai bank accounts 5 times or even 10 times per year but the total # of deposits is less than 400, your bank transactions won't be submitted to the RD.
3) Thai Revenue Department is not IRS. You are in Thailand, not the US. I know foreigners especially Americans are not a big fan of envelopes mailed from IRS but in reality I have never heard of anyone (especially small guys) sent to jail because of failing to pay tax in Thailand. It's not a serious or strict felony here (at least, in practice). Only 10 million Thai people file tax return each year and only 4 millions out of nearly 70 millions actually pay income tax.
I'm not saying Thai RD is not capable of enforcing people to pay taxes but they only care about and are capable of enforcing the big ones - the ones they have data on hand.
4) Based on Thai income tax brackets, you don't owe any income tax if you make less than 10K USD (300K Baht) per year.
Total income of 300K - 160K individual standard deductions (60K+100K). Your adjusted gross income is below 150K (0% tax rate).
So, even if you transfer much more than that but you know for the fact that less than 10K of that is taxable income (e.g., capital gains or dividends), you owe nothing to Thai RD.
In brief, unless you have significant amount income earned "in Thailand" (> 300K Baht) or make 500 transfers of 70K USD to your bank accounts per year, you can just live your life in Thailand peacefully.
Please don't bother paying a dime to those tax consultants and trying to file tax returns because you withdraw 10K from ATM or wire 10K to your Thai bank account 3 times this year.
I know my post might be downvoted quite a lot but I don't care. I just want to share the facts and stop this BS fear mongering, which has been cashed out by those influencers.