Expat Tax: Frequently Asked Questions

No, these pensions are exempt under the Double Taxation Agreement (DTA).

You are able to read through the DTA between the US and Thailand for your specific investments, savings or assets.

Learn more about Double Tax Agreements for expats in Thailand by watching our video here. 

Social security is not taxable in Thailand. It is taxed in the US, which takes precedent over Thailand.

US Social Security is tax exempt under the USA-Thailand DTA. There are no differences between if you remit monthly or annually.

We recommend you watch our webinar on the USA DTA for more information

Veterens pensions are classed as government pensions. Both Social Security and government pensions are excluded from Thai income tax due to the Double Taxation Agreement. You don’t need to file a Thai tax return or get a Tax ID number

In the US DTA, it specifically states that US government and military pensions are not taxable in Thailand. 401k and similar accounts, however, are taxable in Thailand. You can use any tax paid on them as tax credit if they are remitted to Thailand.

Here is the US-Thai Double Taxation agreement. It sets out how certain assets are taxed and the articles in the DTA take precedent over local domestic Thai tax rules. We will host a webinar specifically on the US DTA next month, which I will invite you to join, as many people have had similar questions.

Social Security is mentioned in the DTA and is not taxable in Thailand. Here is the extract from the DTA from article 20 part 2 which mentions that social security shall be taxable only in the USA.

Article 20 (2) Notwithstanding the provisions of paragraph 1, 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.

For 401k’s there is no such article in the DTA. This means that if you remit your 401k into Thailand, then it is an assessable income in Thailand if you are a Thai tax resident.

Learn more about Double Tax Agreements for expats in Thailand by watching our video here. 

You can find out more about Thailand’s tax rates, allowances and deductions here or if you prefer to listen to a short podcast here

Yes, withdrawals from a Roth IRA remitted to Thailand are treated as pension income. The entire amount remitted, not just the gains, is considered taxable income.

If you transfer your investments to Thailand, you may be subject to capital gains tax. Any tax already paid can potentially be used as a credit against the tax owed in Thailand. Remitting funds to Thailand from investments would classify as an assessable income source.

U.S. expatriates in Thailand might have to pay taxes in Thailand. This depends on their income sources, residency status, and how long they stay. Thailand taxes people based on their residency and where their income comes from. Expats who stay in Thailand for 180 days or more in a year are considered tax residents and must pay taxes on their foreign sourced income remitted to Thailand. Those who don’t meet this residency requirement only pay taxes on the income they make in Thailand. The US/Thai DTA sets out how certain assets are taxed for residents in Thailand and certain exclusions, like US social security.

Please obtain a bank statement showing the account balances at 31st December 2023. This cash can then be potentially remitted to Thailand without any tax implications if it was pre-2024. Always put on the remittances ‘pre2024 savings.

Keep good records as you can be audited for up to 10 years.

I recommend you keep the bank statement as you mentioned on your file and don’t transfer any other potentially taxable assets into this account (keep it clean with non-taxable assets) this was it makes reporting and transferring to Thailand simpel and easy to trace.

This is classed as foreign sourced income and the capital gains needs to be filed in Thailand. Thailand tax residents must pay taxes on their foreign-sourced income remitted to Thailand. This means if you’re considered a tax resident in Thailand—defined as someone who spends 180 days or more in the country in a calendar year—you must include your income remitted from abroad in your annual tax return and pay Thai taxes on it. However, to avoid double taxation (paying taxes on the same income in both Thailand and the country where the income was earned), Thailand has double tax treaties with 61 countries that allow for tax credits or exemptions. It’s important to consult a tax professional to understand how these treaties may apply to your situation and to ensure compliance with Thai tax laws while maximising available benefits.nn

Savings in the bank from pre2024 are not a taxable source of income in Thailand. Also you do not have to declare a pension if it is not remitted into Thailand. However, if you do remit that pension, then it becomes a potentially taxable source.

No, under the US-Thailand DTA, Social Security income is not taxable in Thailand.

Social Security is not an assessable income source in Thailand due to the US & Thai Double Taxation agreement. This means Thailand has no right to tax this.

401k is an assessable income in Thailand if remitted. If you do remit your 401k to Thailand, then this is assessable as income. You can offset any taxes with the taxes paid on this money in the US as a tax credit.

Learn more about Double Tax Agreements for expats in Thailand by watching our video here.