General Tax Queries
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If you do benefit from the gift, it is a gift with reservation of benefit. This means that while you’ve gifted the asset away, you’ve continued to benefit from it in some form. This can potentially be classed as remittance of the income, and the gift can be looked at and reassessed in the future. This means that it is very important that gifts are real gifts that are not going to be benefitted from. It is recommended that if you are to gift assets, you seek advice as it is more complicated than simply sending money to a third party. You need to ideally have evidence on file that this is a formal gift.
Yes, if used to evade taxes (e.g., paying off the card with untaxed offshore income). Following the spirit of Thai tax rules is essential to avoid penalties if audited.
If you qualified as a tax resident but did not file, you may need to file back tax returns. The Thai Revenue Department can audit filings going back 5 years, and in cases of suspected fraud, up to 10 years. Penalties include a surcharge of 1.5% per month on unpaid tax and fines of up to 200% of the tax owed.
Our back tax filing service can help you get up to date and compliant.