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Thai Notary Law & Service Phuket
THAI NOTARY LAW
Phuket • Thailand

Foreign-source income and remitting money into Thailand

Revenue Department Orders P.161/2566 and P.162/2566, income brought into Thailand from tax year 2024 onwards, foreign pensions and pre-2024 savings, and the evidence you should keep.

When does a foreigner become a Thai tax resident?

Section 41 of the Revenue Code provides that a person who stays in Thailand for one or more periods totalling 180 days or more in any tax year is treated as a resident of Thailand for that year. Practitioners often refer to this as the 180-day or 183-day test; the statutory figure the Revenue Department applies is 180 days or more. The personal tax year is the calendar year, 1 January to 31 December, and the days need not be consecutive. Passport entry and exit stamps are the primary evidence.

How does resident status change what you pay tax on?

Residents and non-residents are both taxed on Thai-source income — employment carried out in Thailand, a business carried on in Thailand, or property situated in Thailand — whether the money is paid inside or outside the country. The difference is foreign-source income: it only comes into the Thai net if you are a resident in that tax year and you bring the income into Thailand under the conditions set by law. A non-resident is not taxed on foreign income remitted to Thailand.

Does holding a retirement visa or DTV mean I owe no Thai tax?

No. Visa category does not determine tax liability. What matters is the number of days you spend in Thailand in the tax year and where your income arises. A retirement or DTV holder who reaches the day threshold is a Thai resident for that year and must consider remitted foreign income under the normal rules. Conversely, someone below the threshold still pays Thai tax on Thai-source income.

Which allowances can a foreign taxpayer claim?

A resident taxpayer may claim the same allowances as a Thai national where the conditions are met: the personal allowance, a spouse with no income, children, qualifying parents, health and life insurance premiums with Thai insurers, social security contributions, provident fund contributions, and mortgage interest on a Thai home. Supporting foreign documents such as a marriage certificate or birth certificate must be accompanied by a certified translation when officials request one.

I work in Thailand for a foreign employer — is that Thai taxable income?

Yes. Employment duties performed in Thailand are Thai-source income under section 41, even where the employer sits abroad and pays into an offshore account. This is the key point for remote workers and should be read together with the double tax agreement with the payer's country, and separately from work-permit law, which is a different statute with its own requirements.

What did Revenue Departmental Instruction P.161/2566 change?

P.161/2566 states that a Thai resident who has assessable income from a foreign source and brings that income into Thailand must include it in the tax computation for the year of remittance — removing the earlier practice under which remittance in a later calendar year fell outside the net. The guidance applies to income arising from 1 January 2024 onwards.

Is pre-2024 savings taxed when I remit it to Thailand?

Instruction P.162/2566 provides that the approach in P.161/2566 does not apply to assessable income arising before 1 January 2024. Savings and income that arose before that date and are remitted later therefore fall outside that instruction. The practical issue is proof: keep offshore bank statements as at 31 December 2023, balance confirmation letters, and documents showing the source of the funds.

Is a foreign pension paid into a Thai account taxable in Thailand?

Three layers decide it. First, whether you are a Thai resident in that tax year. Second, when the pension income arose and when it was brought in. Third, what the double tax agreement between Thailand and the paying country says about pensions. Many treaties give exclusive taxing rights over government-service pensions to the paying state, while private pensions may fall to the residence state. The applicable treaty must be read case by case.

What evidence should I keep when transferring money into Thailand?

Keep the outward remittance advice from the sending bank, the credit advice or confirmation of funds received from the Thai bank, documents showing the source — a sale contract, pension award letter, or dividend statement — and historic offshore statements. The same bundle serves both the Revenue Department and Immigration when you extend a permit of stay on financial grounds.

How does a foreigner obtain a Thai tax identification number?

Apply at the Area Revenue Branch Office covering your residence or your employer's office. You normally present a passport with a valid visa page, proof of residence such as a lease or the TM.30 address notification, and evidence of Thai income such as an employment contract or work permit. The number issued has thirteen digits and is permanent — it is not reissued each year.

Do I have to remit VAT on services bought from abroad?

A Thai operator that receives services from a supplier outside Thailand and uses those services in Thailand must remit VAT using form PP 36 within the deadline, and may then claim it as input VAT subject to conditions. Foreign digital platforms supplying end users in Thailand fall under a separate VAT registration regime for foreign electronic service providers.

Must a company with employees register for social security?

An employer with one or more employees must register as an employer and register its insured employees with the Social Security Office within thirty days of hiring, and remit contributions by the 15th of the following month. Lawfully employed foreign staff are inside the social security system on the same basis as Thai employees, and the employee's contribution is deductible on the personal income tax return.

Does a Thai company's accounting period have to be the calendar year?

No. The accounting period must cover twelve months, but the company may choose a year end other than 31 December in its articles. The first period after incorporation may be shorter than twelve months. Changing the accounting period later requires approval from the Director-General of the Revenue Department, so foreign parent groups that need consolidated reporting usually align the year end from the outset.

What does a double tax agreement actually do for me?

Thailand's double tax agreements allocate taxing rights over each class of income — employment, business profits, dividends, interest, royalties and pensions — between Thailand and the treaty partner, and set out the relief mechanism, usually a credit for tax paid in the other state. To rely on a treaty you must prove tax residence and usually file the form the treaty partner prescribes.

How do I obtain a Thai certificate of residence for tax purposes?

Apply to the Revenue Department for the certificate of residence, known by its form reference R.O.22, showing that you met the day threshold in the year concerned — stamped passport pages, proof of address, and evidence of Thai filings and tax paid. Foreign tax authorities use it to grant treaty relief. The companion document, R.O.21, certifies the Thai tax actually paid.

I already paid tax abroad — does that end my Thai liability?

Not automatically. If the income is within the Thai net, it is generally included in the Thai computation and you then claim a credit for foreign tax as permitted by the applicable treaty and Revenue Department practice. The credit is usually capped at the Thai tax attributable to that income, so prepare foreign tax receipts with certified translations in advance.

What steps turn a Thai tax document into one a foreign authority accepts?

The usual sequence is: obtain the original from the issuing body — a Revenue Department certificate of tax payment, or financial statements certified as true copies; prepare an English translation; have the translation certified by the Legalization Division of the Department of Consular Affairs; and, where the destination requires it, have the destination country's embassy legalise it afterwards. Some destinations accept certification by a Notarial Services Attorney directly, so confirm the recipient's requirement before you start.

Is money remitted into Thailand from abroad taxable after Order P.161/2566?

Revenue Department Orders P.161/2566 and P.162/2566 provide that a Thai tax resident (present in Thailand 180 days or more in a tax year) who brings foreign-source income into Thailand must include it in that year's personal income tax return, replacing the old practice of exemption when remitted in a later year. P.162/2566 grandfathers income earned before 1 January 2024, which stays outside the new rule. Segregate accounts and keep dated evidence of when income arose, such as statements, share-sale confirmations or contracts.

If I stay under 180 days, is remitted money taxable?

No, for foreign-source income. Section 41 requires two conditions together: residence of 180 days or more in the tax year and remittance into Thailand. Failing either condition takes the income outside the charge. Thai-source income is different: salary for work performed in Thailand, rent from Thai property or profits from a Thai business are always taxable regardless of how many days you stay or where payment is received.

How do double tax agreements reduce Thai tax, and what documents are needed?

Thailand has DTAs with over 60 countries. They allocate taxing rights by income type and allow foreign tax paid to be credited against Thai tax within limits. The core document is a Certificate of Residence from the treaty partner, plus proof of foreign tax paid and a certified Thai or English translation. The Revenue Department sometimes asks for legalized documents; from 28 February 2027 an Apostille from a Convention country will replace the two-step legalization chain.

Do DTV visa holders pay income tax in Thailand?

A visa does not by itself determine tax status; days of presence and the source of income do. A DTV holder present 180 days or more becomes a Thai tax resident, and remitting foreign income in that year falls under P.161/2566. Separately, working for overseas clients while physically in Thailand raises a debated question of whether the income is Thai-sourced. Obtain an opinion from a Thai CPA or file a formal ruling request with the Revenue Department for your facts.

Which form and documents does the Revenue Office want for a foreigner's tax ID?

File form L.P.10.1 at the Area Revenue Branch Office for your residence with your passport, current visa and latest entry stamp, work permit or evidence of income, and proof of address such as a lease, house book or TM.30 receipt. The number is normally issued the same day at no charge. A TIN is required to file PND.90/91, reclaim withholding tax and apply for the R.O.22 certificate of tax residence.

Where do I get a Thai certificate of tax residence (R.O.22) and what is it for?

Apply at the Large Taxpayer Office or the Area Revenue Office where you file, showing at least 180 days of presence in the tax year and that you have filed your return. Foreign tax authorities accept it to grant treaty withholding rates on dividends, interest and royalties. Processing typically takes 15–30 working days, and the certificate usually needs certified translation before use abroad.

How is withholding tax on payments abroad calculated?

Under Section 70, certain payments to a foreign company not carrying on business in Thailand require withholding and remittance on form PND.54 by the 7th of the following month. Standard rates are 15% for interest and royalties and 10% for dividends, though a DTA may reduce them if the recipient supplies a certificate of residence before payment. Service fees used in Thailand may also trigger self-assessed VAT on form PP.36.

Must foreign employees join Thai social security, and how much is deducted?

Foreign employees working legally for a registered employer must be enrolled under Section 33 like Thai staff. The standard contribution is 5% from each side, computed on a wage base capped between THB 1,650 and THB 15,000 per month, so a maximum of THB 750 monthly. Benefits cover sickness, maternity, invalidity, death, child allowance, unemployment and old age; the old-age portion can be claimed on leaving employment and the country under Social Security Office conditions.

What taxes and fees apply when selling a Thai condominium?

Four items typically arise at the Land Office: a 2% transfer fee on the appraised value; specific business tax of 3.3% if held under five years without one year of house-book registration, or 0.5% stamp duty when SBT does not apply; and withholding income tax computed on a sliding scale by years of ownership for individuals. Foreign sellers who plan to repatriate proceeds should keep the FET form or bank credit advice obtained at purchase.

Where do foreigners register for a Thai Taxpayer Identification Number (TIN)?

At the Area Revenue Branch Office covering your residence, using form L.P.10.1 with the original passport plus copies of the visa and latest entry stamp, proof of address such as a lease, utility bill or TM.30 receipt, and a work permit if you hold one. The number is often issued the same day when the file is complete. Fix any spelling mismatch against the passport before filing, because it will affect later certificate applications.

What is the difference between PND.90 and PND.91?

PND.91 is for individuals whose only income is employment income (Section 40(1)). PND.90 covers everyone else — rental income, professional fees, dividends, interest, or foreign-source income remitted into Thailand. If in doubt, use PND.90 because it is broader. Filing the wrong form is not a serious offence but forces an additional filing and can delay a refund.

When do I need R.O.21 instead of R.O.22?

R.O.21 is a Tax Payment Certificate proving tax was actually paid in Thailand for a stated amount and year, used when the other country needs evidence to grant a foreign tax credit. R.O.22 is a Certificate of Residence proving your tax residence status for treaty purposes. Many claims require both documents together.

How do I reclaim excess withholding tax?

File PND.90 or PND.91, tick the refund request on the form, and attach every 50 Tawi withholding certificate. The Revenue Department may ask for supporting documents before releasing the refund. Linking PromptPay to your taxpayer number or passport speeds up payment; foreigners without PromptPay receive the refund by cheque or another channel the department specifies.

Is a foreign pension taxable in Thailand?

It depends on two things: whether you were present 180 days or more in the tax year, and whether the pension was remitted into Thailand. If both apply, it enters the Thai computation under the applicable rules. However, several treaties assign the exclusive right to tax government-service pensions to the source country, so read the specific treaty and prepare a residence certificate to claim the relief.

I work online for foreign clients while living in Thailand — is that foreign income?

No. If the work is physically performed in Thailand, the income is Thai-source under the first paragraph of Section 41 and is always taxable here, regardless of where the client is, which account is paid, or how many days you stayed. This is the single most common misunderstanding. Keep contracts, invoices and payment records organised.

Do I need a work permit before I can file a tax return?

No. Obtaining a TIN and filing a return are separate from work authorisation. The Revenue Department looks at income and presence; working without a permit is a separate liability under foreign-worker legislation. Filing tax does not retroactively legalise unauthorised work.

Can a foreign spouse file jointly with a Thai spouse?

Yes. The Revenue Code lets spouses choose joint or separate filing per category of income, and the choice affects allowances and the tax base — compare both before deciding. You will additionally need the marriage certificate and both taxpayer numbers. A marriage registered abroad must be translated and legalised first.

Which allowances can a resident foreigner claim?

Resident taxpayers claim the same allowances as Thai nationals subject to each item's conditions: personal allowance, a non-earning spouse, children, life and health insurance premiums with Thai insurers, qualifying savings funds, and mortgage interest on a Thai home. Products bought from foreign providers are generally not deductible.

Must a foreign employer withhold Thai tax?

If the payer is a Thai-registered entity or has a permanent establishment in Thailand, it must withhold, remit monthly via PND.1 and issue 50 Tawi certificates. If the payer is entirely offshore with no Thai establishment, no withholding obligation arises, so the recipient must file and pay the full amount personally — set the cash aside in advance.

How long should I keep Thai tax records?

At least five years from the filing date, because assessment officers may issue a summons for a retrospective audit within the period allowed by the Revenue Code. Keep filed returns and receipts, 50 Tawi certificates, bank statements, foreign income source documents, and evidence for every allowance claimed.

Are pre-move savings taxable when I bring them into Thailand?

Capital that is accumulated wealth rather than assessable income of the year of remittance is not itself a tax base, but the burden of proof sits with the taxpayer. Keep the capital account separate from the account receiving current income, and retain statements showing the balance immediately before you became a Thai tax resident. Mixed accounts are very hard to explain later.

How are the 180 days of Thai tax residence actually counted?

Anyone present in Thailand for 180 days or more within a calendar year is a tax resident under section 41 of the Revenue Code. The days need not be consecutive and the count follows the calendar year, not the visa year. Residency brings Thai source income fully into charge and brings foreign source income into charge when it is remitted to Thailand.

Is money remitted from abroad taxable in Thailand?

Under Revenue Department orders 161/2566 and 162/2566, foreign source income earned from 1 January 2024 onwards is assessable in the year a Thai tax resident remits it, whichever year that is. Income accumulated before 2024 falls outside those orders. Keep proof of your balances as at 31 December 2023 and, ideally, hold pre-2024 funds in a separate account so the two pools never mix.

Does a DTV or LTR visa exempt the holder from Thai tax?

A visa category is not a tax exemption. DTV holders who spend 180 days in Thailand are tax residents like anyone else. LTR holders in qualifying categories benefit from a flat seventeen percent rate on qualifying Thai employment income and certain foreign income reliefs granted by royal decree, but only while the LTR conditions are met. Review the position each year before filing.

How does a double tax agreement reduce Thai tax?

Thailand has treaties with more than sixty countries. They allocate taxing rights by income type and allow a credit for foreign tax against Thai tax on the same income, capped at the Thai tax on that income. Claims need a certificate of tax residence from the other state and evidence of tax paid, and some reliefs must be claimed before payment rather than after.

What is an R.O.22 certificate used for?

It certifies Thai tax residence so a foreign tax authority will apply treaty rates instead of full domestic withholding. It is applied for at the Revenue Department with proof of presence, filed returns and income documents, and it is normally paired with an R.O.21 confirming tax actually paid in Thailand. Allow several weeks, so apply before the foreign deadline, not after it.

What documents do I need for a Thai certificate of residence for tax purposes (R.O.21)?

Typically the Revenue Department application form, a passport copy with entry and exit stamps showing 180 days or more in Thailand in that tax year, the filed income tax return with payment receipt, and evidence of the income you want to claim treaty relief on. A representative needs a power of attorney with duty stamps, and foreign documents need certified translation. We assemble the file and follow up with the office for you.

What is the R.O.22 withholding certificate used for and how do I obtain it?

It evidences to a foreign tax authority that tax was paid in Thailand so you can claim a credit or refund there. Apply at the area revenue office that receives your return, attaching proof of remittance, withholding certificates from the payer and the underlying contracts. Allow extra time if the receiving country wants an English version or legalisation.

I work remotely for a foreign company while living in Phuket. Do I owe Thai tax?

If you spend 180 days or more in Thailand in a tax year you are tax resident, and income from work performed in Thailand is Thai-source under Section 41, so a return is due even though the payer is abroad. Where tax was already withheld at source, check the relevant double tax agreement for a credit or exemption, and keep the employment contract, transfer records and entry/exit history.

What tax benefits come with the LTR visa and what conditions need care?

Highly-skilled professionals working for targeted industries receive a flat personal income tax rate under the relevant royal decree, and some categories are exempt on foreign income subject to conditions. The benefit is tied to the qualifications you filed, so changing employer or role must be reported and can end eligibility. Review your status each year before filing.

Will savings earned before 2024 be taxed when I remit them into Thailand?

Revenue Department instruction Por.162/2566 places assessable income arising before 1 January 2024 outside the new remittance guidance. The practical issue is proof: keep historical statements, asset sale evidence or bank certifications showing when the income arose, and build that evidence file in advance.

I am selling a Thai condominium and remitting the proceeds abroad. What taxes apply?

The seller faces withholding income tax calculated at the Land Office on the appraised value, transfer fees, and either stamp duty or specific business tax depending on the holding period. To remit funds you need proof of source such as the sale agreement, tax receipts and the bank's prescribed foreign exchange form. Supporting foreign documents need certified translation.

A Thai company pays service fees to a foreign supplier. What must be withheld?

Consider Section 70 together with the applicable treaty. Where the payment is a royalty or service fee falling under Sections 40(2) to 40(8), the Thai payer must withhold and remit using form PND.54, and self-assess VAT on form PP.36 where applicable. To apply a reduced treaty rate, keep the counterparty's certificate of tax residence on file.

Do Thai nationals working abroad still have to file in Thailand?

It depends on days in Thailand and the source of income. With fewer than 180 days in the tax year and income from work performed abroad, that income is generally outside Thai tax. Thai-source income such as rent, dividends or interest still has to be reported. Keep entry/exit records and foreign tax certificates every year.

How do Thai inheritance and gift tax rules work for cross-border families?

The Inheritance Tax Act 2015 taxes the recipient on the portion exceeding one hundred million baht per estate, at rates that differ for ascendants, descendants and other persons. Lifetime gifts are treated under Revenue Code income rules with specific exemption thresholds. For foreign assets, the recipient's residence status and nationality also matter.

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