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DineshR
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Posts posted by DineshR
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14 minutes ago, Sheryl said:
Tried this.
Keep getting error message that the email is already registered (as it is, in the old system).
?????
@Sheryl I had the same issue ... try 'forgot password' and reset your password.... see my note earlier
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@SooKee Thanks for that. Yes, after 7 days it disappears and one needs to enter it over again just to be able to get a print out. I am getting a visa extension done in about 3 weeks so will know if this is sufficient both for the 90 day reporting as well as the extension.
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Previously - Just tried registering on the new TM30 website. But the captcha doesn't show. That's needed to upload ID documentation and without the captcha, it's not possible to register. I've tried 3 different browsers - safari, chrome and firefox - they all show the same problem. Is anyone else having this issue ?
A follow up on my earlier issue - I gave up trying to register but instead tried to log in using my old credentials which I had set up in September of this year. It didn't accept the password I had used then so I tried 'Forgot password" - got an email to reset my password and went ahead and reset it - I was then able to log on.
Once in, I set the accommodation i.e. my house details. After that, I entered my details (passport etc) and set Nov 6, 2023 as the check in date. I then submitted this and a pop up appeared saying that the data was successfully stored. I then tried to do a search for my entry but it kept saying that there were no records. Gave up last night and tried again this morning - this time, it found the record with my details. I then printed that out showing all my details.
I assume then that this is the official TM30 record which I then submit to immigration when I extend my visa. It's quite different to the TM30 record that the old section 38 app used to give. Is this correct - i.e. is the print out of my details the new TM30 format ? Can anyone comment on this ? TIA.
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Just tried registering on the new TM30 website. But the captcha doesn't show. That's needed to upload ID documentation and without the captcha, it's not possible to register. I've tried 3 different browsers - safari, chrome and firefox - they all show the same problem. Is anyone else having this issue ?
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14 hours ago, Guavaman said:
DineshR, please get clear on this and refrain from posting misinformation that may cause misunderstanding for other people.
ARTICLE 20
Pensions and Social Security Payments
3. Annuities derived and beneficially owned by a resident of a Contracting State shall be taxable only in that State. The term “annuities” as used in this paragraph means a stated sum paid periodically at stated times during a specified number of years, under an obligation to make the payments in return for adequate and full consideration (other than services rendered).
This means that for people who are tax residents of Thailand (>180 days), annuities "shall be taxable only in that State" where they are resident = Thailand.
Annuities are taxable in Thailand under the DTA.
@Guavaman Thank you for the your clarification. There was no intent to spread any misinformation and was simply stating my opinion in the interpretation of the wording in the DTA.
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It's only money that is brought into Thailand that is taxed. That said, social security payments and annuity payments are exempt from Thai tax per the US-Thailand dual taxation treaty agreement (DTA). If you bring in any other type of income starting 1/1/24, then you will be taxed. Suggest you read the DTA - https://www.irs.gov/pub/irs-trty/thailand.pdf. Even if taxed, you can take a credit of Thai taxes paid against your Federal tax obligation.
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1 hour ago, Lorry said:
Google Translation
@Lorry Thank you. Though the Google translation is a little difficult to decipher at some places. I will get a native Thai to help me understand the Q&A better.
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53 minutes ago, MeePeeMai said:
True, this might come under the radar but having a Thai person exchange the currency for you occasionally might be better (as long as this person does not exchange too much/too often), unless it is your spouse, then you could claim a "gift" exemption (which is currently 20mil baht per year but IMHO, this rather large loophole might be modified and lowered soon).
I did some research on Thai tax just to understand how much tax would be due if it turned out that we had to file along with what deductions we could take. I did not see anything related to gift exemptions - do you a link for Thai tax exemptions? One thought I did have was to simply send my wife some money every month as under the rules currently, she is exempt from filing if the value of gifts received is less than THB 20 million. That would reduce the amount I had to transfer to myself that might be subject to tax. All of this might simply be a storm in a tea cup but I’d like to be prepared with every scenario so I can plan ahead.
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15 hours ago, Lorry said:
Q10 of the QnA
RD Order 161 2566 Q&A.pdf
418.36 kB · 5 downloadsGoogle translation on p70/71 of the main thread
They have also said it in their news conference, it was in the papers.
@Lorry You reference a Google translation on p70/71 if the main thread … can you give me the link to the main thread? Thanks.
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17 hours ago, retiree said:
Copying and extending from another thread, here's a checklist:
-- was the (US DTA) payment from something other than Social Security, a public pension, or an annuity? If so, it is income.*
-- were you a Thai tax resident when you earned it? If so, the income is assessable.
-- were you a Thai tax resident when you brought it in? If so, the income may be taxable, depending on DTA.
-- was any answer "no" ? It is not taxable.
* The status of distributions of taxed Roth IRA contributions or their tax-exempt earnings doesn't appear to be directly addressed in Section 40 of the Thai code, so they might have to be reported (but not necessarily taxed) if remitted to Thailand: https://www.rd.go.th/english/37749.html
However .... one would imagine that either
-- Roth contributions are treated as pre-existing, taxed savings, or
-- any withdrawal or RMD could be handled by having the Roth or regular IRA purchase an annuity.
Ask AmCham, maybe? Afaik the Thai retirement instruments that parallel Roth IRAs (RMF, SSF) are not taxed.
Happy to extend or correct this if there are other straightforward filter questions.
@retiree Good info here ... may I ask where you found this checklist re the first 3 questions in your note above ? Thanks for the link from RD .. good info there.
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18 hours ago, Sheryl said:
My reading of the US tax treaty with Thailand is substantially the same as yours except that to my read it is only government pensions that cannot be taxed in Thailand. Private pensions can be.
Of course, any tax you have to pay in Thailand on private pension and the various other taxable incomes can be claimed as a tax credit on your US return. In fact, it could be argued from the terms of the Tax treaty that any income taxable in Thailand under the DTA should be fully exempt from US taxes. (You'll need an accountant versed in expat issues)
To simplify life, you might like to limit your remittances to Thailand to direct deposit of your Social Security (and government pension if that is what you have). If currently using income method and these sources not enough, switch to the 800K method and bring that money in before end of the year. Like that you should be home free since it is only assessable income remitted to Thailand after 1 January that is at issue.
If you can't live on just SS, make up the difference through use of a US credit card paid from a US bank account and perhaps occasional ATM withdrawal from US bank account.
@Sheryl The part about private pensions being taxable is not clear to me from the text as it only talks about government pensions ... so, by omission, it implies it is taxable ? And I agree that we should only remit social security/govt pensions/annuities to be tax exempt per the treaty.
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The US Thailand dual taxation treaty was set up in 1996 and according to the terms of the treaty, if it was not nullified in 5 years from the date of the treaty, then it will continue indefinitely until such time as one of the parties decides to terminate it - which has not happened. So, it is still in force as far as I know. Yes, the issue of needed RD sign off on extensions could be a possible issue down the road though it is not one now. And yes, dividends/interest are taxed only if/when they are brought into Thailand. Switching to the 800K method does not solve the problem as you will still need funds to live on which will need to be transferred in.
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Hello,
( A long read.)
I am a resident of Thailand since I am in Thailand exceeding 180 days per year and hence subject to taxation on income earned abroad that is brought into Thailand.
For my specific situation, I am fully retired and have no income from any type of employment either in Thailand or anywhere else in the world. But I do have income from investments such as interest and dividends. That said, my primary source of funds brought into Thailand is a combination of social security and annuities. I thought I would read up on the actual text of the US-Thai dual taxation treaty and see if I would be subject to tax as per that agreement for the type of funds that I bring into the country.
So here's a summary of what that agreement states in so far as it relates to my particular situation. Here's a link to the text of the full treaty - https://www.irs.gov/pub/irs-trty/thailand.pdf
Would appreciate your thoughts on this.
A. This Convention shall apply to persons who are residents of one or both of the Contracting States, except as otherwise provided in the Convention.
B. definition - the terms "a Contracting State" and "the other Contracting State" mean the United States or Thailand, as the context requires;
C. Residence definition
1. For the purposes of this Convention, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, citizenship, place of management, place of incorporation, or any other criterion of a similar nature. The term also includes that State and any political subdivision or local authority thereof. The term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State. For purposes of this paragraph, an individual who is not a resident of Thailand under this paragraph, and who is a United States citizen or an alien admitted to the United States for permanent residence (a "green card" holder) is a resident of the United States only if the individual has a substantial presence, permanent home or habitual abode in the United States. If such individual is a resident of Thailand under this paragraph, he shall be considered a resident of both Contracting States and his residence for purposes of the Convention shall be determined under paragraph 2.
2. Where by reason of the provisions of paragraph 1, an individual is a resident of both Contracting States, then his status shall be determined as follows: a) he shall be deemed to be a resident of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (center of vital interests); b) if the State in which he has his center of vital interests cannot be determined, or if he does not have a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode; c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national; d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
Per the definition above - someone like me is considered a resident of both contracting parties (last line of para 1) but it is modified by para 2 as my permanent home is in Thailand and hence I am deemed a resident of Thailand per this treaty.
D. What's taxable -
1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
2. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
3. Pensions and Social Security Payments
a. Subject to the provisions of paragraph 2 of Article 21 (Government Service), pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State.
The reference to Government service states that a US Government/State/Locality pension is not taxable in Thailand, unless the US citizen is also a Thai citizen - then, it's only taxable in Thailand - my read. See the full text in my link.
b. Notwithstanding the provisions of paragraph (a) above, social security benefits and other similar public pensions paid by a Contracting State to a resident of the other Contracting State or a citizen of the United States shall be taxable only in the first-mentioned State.
c. Annuities derived and beneficially owned by a resident of a Contracting State shall be taxable only in that State. The term “annuities” as used in this paragraph means a stated sum paid periodically at stated times during a specified number of years, under an obligation to make the payments in return for adequate and full consideration (other than services rendered).
My read - Dividends and interest are taxable in Thailand but pensions (with the exception of government pensions paid to a Thai citizen), social security and annuities are NOT taxable in Thailand.
Would appreciate your thoughts on this. I think the issue of where one is a resident, in so far as the treaty is concerned, is critical in terms of defining tax liability but the text is somewhat ambiguous.
TIA.
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...re the comment earlier -- "...for Thai insurance to have any sort of cover there also needs to be a life insurance included in the plan."
This is incorrect .... you can get health cover insurance for Thais without the life insurance part .... when I first came here, I heard the same thing but as I dug into, I realized that a vast majority of Thais have AIA as their insurance provider and AIA only sells cover as part of their life insurance package ... there are many insurance providers in Thailand that do provide health cover without the need for the life insurance bit ... I did some analysis on the value of the premiums paid to AIA for their combined life/health vs health only from other insurers and AIA ,in my opinion, does not offer value for what is paid. You could just pay for comparable coverage from some other insurer and save the difference in premiums to get a better overall long term benefit compared to AIA. I have challenged several people selling AIA insurance with my comparisons and they can't refute it. That said, Thais generally go with AIA because it's easy - one payment and you get both - cover and savings.
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@Crossy A little embarrassed to report this but a reading with a multimeter showed 238 volts. False alarm. Looks like my plug-in is faulty. I had actually reported this to the PEA informally (I am facebook friends with one of the PEA guys from when we built the house) and he said it was exceptionally high and asked what I used to measure the voltage. Thanks for the help and apologies.
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@CrossyThank you for your advice.
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@CrossyThank you for your feedback. I don't have a data logger but a plugin that reads the voltage. It's been right around 260 pretty much all day today during the day. I haven't seen it at night though I will start to look at it at night as well. And as you suggest, I'll pay the local PEA office a visit. Now I'm worried about the stuff I have hanging off this voltage.
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Hello,
This morning I happened to check the voltage in the house and noticed it was 261 v. Location - Korat, Thailand.
I finally decided to check because i've had a number of smart switches / sockets fail over the past few months and I attributed it to poor quality of the products - - switches / sockets. But maybe it's the line voltage ??
I thought the voltage should have been in the range of 220v +/- 10% i.e. max voltage at 242v. If 230, then max should be 253v.
Anyone have any insight into this ? Thoughts / ideas appreciated. Thanks.
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@Pib @John Drake Thank you for the clarification ...
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Just curious ... I've heard 59 baht for overseas airmail in this thread. But when I mailed mine yesterday, they told me it was 52 baht. I asked again to make sure it was overseas airmail and they said it is 52 baht. Am I missing something ? BTW ...the main post offices in every region are open everyday till midnight including all holidays. I will be mailing my copy early next week. Thanks.
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@Alotoftravel The instructions for Form 7162 states that it should be sent no later than the date the notice was received (not sent). That said, SSA probably presumes that most foreign recipients should receive their notices perhaps no later than the end of June (my opinion only - not based on anything). If that were the case, then I would also presume that they would expect to receive completed forms by the end of August - again, my opinion. Nonetheless, I am mailing the original form either today or tomorrow (heard that the main office here is open 24 hours but will verify when I go into town later this morning) and a copy week of Aug 7. Both regular airmail.
@PibThank you for that information.
@watthongThank you for the excellent suggestion re the 2nd notice.
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Thought I would add my experience receiving my very first 7162.
I just received mine today (July 29, 2023). Date on form is June 2, 2023. Nakhon Ratchasima. Out in the boondocks and the post office here (a small shack by the roadside which is closed most of the time) and the post lady has a bad habit of stocking the mail and when it is convenient for her, she goes on her rounds and drops off the mail.
Based on what I have read above, it looks like I should be ok if it is received by the end of August. Will attempt to mail it out (via regular airmail) on Monday the 31st - not sure if post offices are open on that day due to the long holidays till the 2nd - if it is closed, then will mail it on the 3rd.
Any advice of sending a copy after 2 weeks or so by regular airmail ??
Good thread on the 7162. Thanks.
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@Pib Thanks for the clarification on the payment date. Thank you all for the support and sharing of your own journeys through this process with everyone. Best !
Ordered a Samsung phone from Amazon.de to be delivered to Bangkok. Got this email. Help pls
in Bangkok
Posted
I had exactly the same problem when I ordered a phone through Amazon. The phone arrived in Thailand and I got the exact same email from the carrier. I did some checking first and just like an earlier post mentioned, the problem is that the phone has to be on the approved NBTC list. If it isn't, then you will need to get a license from NBTC to get it in. I simply called Amazon and told them that they should have known not to ship this to Thailand and that I refused to accept that I had to go figure out how to import it. Amazon told me that they would work with the carrier to get it returned. I then turned around and told the carrier (via return email) that Amazon agreed to take it back and that it would work with them to accomplish that. I left it there and a few days later, I got the refund from Amazon. Let the carrier deal with Amazon and the local authorities to figure it out. Amazon has a lot of clout with the carriers and whatever they want done, the carriers will have to do. Good Luck !