外籍人士税务:常见问题
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No, proceeds from selling an asset in a non-Thai tax year are not taxable in Thailand, provided the sale occurred while you were not a Thai tax resident.
if the sale occurred before becoming a Thai tax resident, the proceeds are not taxable. If the sale is conducted while a tax resident, they are taxable if brought into Thailand. We would recommend that you get professional advice before remitting proceeds from a property sale. More on property here
In Thailand, if you earn money by renting out property, you have to pay income tax on that rental income. This tax is progressive, meaning it can range from 0% to 35%, based on your total yearly income, including what you make from renting out property. For renting out non-residential properties, you might also need to pay a business tax called the House and Land Tax, which is 12.5% of the property’s annual rent or its assessed value, whichever is more. Property owners must report their rental earnings each year and pay the necessary taxes to the Thai Revenue Department. Keeping precise records of rental income and related costs is crucial to comply with Thai tax regulations.
It depends on the source of the savings. Cash In the bank from pre-2024 can be remitted to Thailand and isnt assessable income.
No, remittance exemptions for property purchases are not available. Taxation depends on the source of funds.
In Thailand, the tax implications of selling a house can vary based on several factors, including the duration of ownership and the type of property. Generally, sellers are subject to several potential taxes: Transfer Fee (2% of the registered value), Stamp Duty (0.5% unless exempt, in which case a Specific Business Tax of 3.3% applies), Withholding Tax (calculated at a flat rate of 15% of the assessed or actual selling price for corporations, or under a progressive income tax rate for individuals), and Capital Gains Tax, which is often considered under the Withholding Tax for individuals. The exact tax liability can depend on whether the seller is a company or an individual, the length of property ownership, and any applicable exemptions or deductions. It’s advisable for sellers to consult with a tax professional to understand their specific tax obligations and potential exemptions that may apply to their situation.
The rules are clear if you are a Thai tax resident then you are liable for capital gains tax on the property, depending on the DTA.
It is only the UK government pension which is only taxable in the UK. If you remit the property rental income then this is assessable income in Thailand
This would potentially cause the assets capital gains to be assessable income. You will need to check the DTA to see how properties are treated for tax purposes.
No. The purpose is not relevant, the question is what is the source of the money remitted into Thailand. If it is foreign sourced income then it is assessable income.
You can have a TIN and not be a tax resident in a following year correct.
We need more context around this to give a definitive answer, but in principle you could sell the asset while you are a non-Thai tax resident. You need to check the DTA in place between the country where the house is situated and Thailand.
You can use the property to qualify for the property investment requirement, but as it is in joint-ownership between you and your wife, half of the purchase price can be used towards the investment requirement for the LTR as the property is considered to be shared 50:50 between the applicant and spouse.
Any property needs to be in the applicant’s name to qualify as an investment under the requirements of the LTR. Therefore, the condo in your wife’s name cannot be used.