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Nice, whenever you have the answer be sure to update!

It looks like we're looking for something similar: I've been making money trading/investing for the past few years and looking to move somewhere low tax/tax free. I looked into the elite visa a few months ago and I had the same doubts: given that it's a glorified tourist visa can you get tax residency?
Is it perfectly legal to not pay taxes there or is it simply something that I can get away with? I would like for my structure to be completely legal and not something that simply wont be enforced.

I was also looking at Philippines which has a very similar taxation system.
Just got the answers now.
This was the reply I got from Siam Legal.

1) with an elite visa can you easily open regular local bank accounts?
Yes, with th Thai Elite Visa, you can open both Thai and foreign currency accounts. You can obtain bank book, ATM cards and online banking.

2) are you considered a resident with an elite visa and will there be any CRS reporting abroad? As I've read in different places that you are a tax resident if you stay in Thailand over 6 months (180 days). Does that change anything for CRS reporting?
Yes, you can be considered as tax resident. However it is good to note that Elite Visa is a categorized as tourist visa still. You are permitted to stay up to 1 to 2 years per visit in Thailand. You can voluntarily pay tax in Thailand if you have resided more than 180 days in Thailand.

3) Do banks ask you on account opening where your permanent address is or they just record your Thai address and report it locally?
For opening a bank account before getting the Elite Visa or even after getting the Elite visa, you only need to list down a Thai address. It can be your address that you are renting or address of someone you know. Your address abroad will also be asked.

4) is it possible to open a multi currency (usd, eur,..) bank account in Thailand with a local bank (not HSBC, citi,..) like Bangkok Bank or Krungsri, etc. Can you get dual currency atm/credit cards?
Once you have Thailand Elite Visa, you can open any currency at Bangkok Bank, Kasikorn Bank, Krungsri and even CitiBank.

5) is it possible to open a true money ewallet account with an elite visa? From what I've read a work permit is asked?
Once you have an Elite Visa and Elite Member card, yes, you can sign up for True Money ewallet.

6) what are the legal tax implications if you transfer monthly some money to Thailand or if you transfer a lump sum from your personal savings (e.g. 300k usd)?
Since Thailand Elite Visa is still a tourist visa, you can just voluntarily pay tax if you wish. There is no mandatory tax payment but transfer fees will be paid as well.

OK, So for me personally, Ill take the risk and get the visa. Im tired of doing visa runs every 2-3 months and the 45 day visa is finishing up in March. As long as I can make up the money Im losing on getting the elite visa with how little im paying in tax and cost of living.

Also, with going with these guys, you get the regular benefits and a few other quick perks:

Benefits of Thailand Elite:
-Ability to apply for 5-year multiple entry special privilege visa
-Each entry to Thailand allows you to stay for 1 year
-Assistance for 90-day reporting as required by law
-Assistance to open a bank account and driver's license
-Airport transfer service at the airport
-Expedited passport control processing at the airport
-It can be upgraded to 20-year Elite Visa within 5 years


What SIAM LEGAL offers exclusive privileges as your agent:

  1. Free assistance in Opening a Thai bank account
  2. 1-Night Free Hotel Stay at Marriott Hotels in Bangkok, Phuket or Samui
  3. Free Notary service*
  4. VIP telephone number to answer any legal or immigration questions or assist you in an emergency.
  5. One hour free consultation regarding immigration issues.
  6. Two hour free consultation regarding legal issues (property, corporate, litigation).
  7. We do not charge you any fee aside from the Thai Elite membership fee.

* Note: Notary is limited to a one-time, one document for the applicant only.

This is all as of 18/01/2023 and probably subject to change


Whether or not this is beneficial to you guys or so, Im not sure, but it might help out.

What Im thinking of doing is residing in Thailand and if I'm asked my tax residency, to say its thailand (if ive been here over 180 days). Ill look at getting a TFN but not necessarily use it, mostly have it for proof of tax residency. I'm not earning anything in Thailand and shouldn't be paying any tax on anything as it is. So if someone asks, they can clearly see that the company is stationed elsewhere (dubai? SVG?) and that Im living in Thailand, regardless of visa, but also have a TFN for tax purposes.

The worst they could do is ask "how much did you personally earn?" which would be "0 dollars personally" or some small amount of money that if they ask for back taxes, would be easily paid off as a "fine".

-Skenners
 
Just got the answers now.
This was the reply I got from Siam Legal.

1) with an elite visa can you easily open regular local bank accounts?
Yes, with th Thai Elite Visa, you can open both Thai and foreign currency accounts. You can obtain bank book, ATM cards and online banking.

2) are you considered a resident with an elite visa and will there be any CRS reporting abroad? As I've read in different places that you are a tax resident if you stay in Thailand over 6 months (180 days). Does that change anything for CRS reporting?
Yes, you can be considered as tax resident. However it is good to note that Elite Visa is a categorized as tourist visa still. You are permitted to stay up to 1 to 2 years per visit in Thailand. You can voluntarily pay tax in Thailand if you have resided more than 180 days in Thailand.

3) Do banks ask you on account opening where your permanent address is or they just record your Thai address and report it locally?
For opening a bank account before getting the Elite Visa or even after getting the Elite visa, you only need to list down a Thai address. It can be your address that you are renting or address of someone you know. Your address abroad will also be asked.

4) is it possible to open a multi currency (usd, eur,..) bank account in Thailand with a local bank (not HSBC, citi,..) like Bangkok Bank or Krungsri, etc. Can you get dual currency atm/credit cards?
Once you have Thailand Elite Visa, you can open any currency at Bangkok Bank, Kasikorn Bank, Krungsri and even CitiBank.

5) is it possible to open a true money ewallet account with an elite visa? From what I've read a work permit is asked?
Once you have an Elite Visa and Elite Member card, yes, you can sign up for True Money ewallet.

6) what are the legal tax implications if you transfer monthly some money to Thailand or if you transfer a lump sum from your personal savings (e.g. 300k usd)?
Since Thailand Elite Visa is still a tourist visa, you can just voluntarily pay tax if you wish. There is no mandatory tax payment but transfer fees will be paid as well.

OK, So for me personally, Ill take the risk and get the visa. Im tired of doing visa runs every 2-3 months and the 45 day visa is finishing up in March. As long as I can make up the money Im losing on getting the elite visa with how little im paying in tax and cost of living.

Also, with going with these guys, you get the regular benefits and a few other quick perks:

Benefits of Thailand Elite:
-Ability to apply for 5-year multiple entry special privilege visa
-Each entry to Thailand allows you to stay for 1 year
-Assistance for 90-day reporting as required by law
-Assistance to open a bank account and driver's license
-Airport transfer service at the airport
-Expedited passport control processing at the airport
-It can be upgraded to 20-year Elite Visa within 5 years


What SIAM LEGAL offers exclusive privileges as your agent:

  1. Free assistance in Opening a Thai bank account
  2. 1-Night Free Hotel Stay at Marriott Hotels in Bangkok, Phuket or Samui
  3. Free Notary service*
  4. VIP telephone number to answer any legal or immigration questions or assist you in an emergency.
  5. One hour free consultation regarding immigration issues.
  6. Two hour free consultation regarding legal issues (property, corporate, litigation).
  7. We do not charge you any fee aside from the Thai Elite membership fee.

* Note: Notary is limited to a one-time, one document for the applicant only.

This is all as of 18/01/2023 and probably subject to change


Whether or not this is beneficial to you guys or so, Im not sure, but it might help out.

What Im thinking of doing is residing in Thailand and if I'm asked my tax residency, to say its thailand (if ive been here over 180 days). Ill look at getting a TFN but not necessarily use it, mostly have it for proof of tax residency. I'm not earning anything in Thailand and shouldn't be paying any tax on anything as it is. So if someone asks, they can clearly see that the company is stationed elsewhere (dubai? SVG?) and that Im living in Thailand, regardless of visa, but also have a TFN for tax purposes.

The worst they could do is ask "how much did you personally earn?" which would be "0 dollars personally" or some small amount of money that if they ask for back taxes, would be easily paid off as a "fine".

-Skenners
Thanks for the report @Skenners .

Your company is going to be based in Dubai ?

I am planning to get a Dubai residency with a FZCO and then get a Thailand elite visa.
The thing is.... the first year gonna be costly and eat up my capital.

Being a Thai tax resident is not bad either but where the company gonna be based.
Are we really a Thai tax resident ?

It's not as straightforward as a the Dubai route.
 
Your company is going to be based in Dubai ?
No worries and im debating on Dubai or even Hong Kong after watching that video I posted earlier. Hong Kong incorporation is only ~1.2k AUD compared to the whole FCZO and residency thing in Dubai (when done right, its around 14k AUD).

I am planning to get a Dubai residency with a FZCO and then get a Thailand elite visa.
The thing is.... the first year gonna be costly and eat up my capital.

I was thinking that too, but without the elite visa, and just living in dubai for the 90 days required for tax residency. I have issues with the Emirati (all of their regions) and their human rights as well as anti homosexual laws (not that im gay but some of my family are and wouldnt feel comfortable in visiting me if I lived there) so I dont REALLY want to support their stuff. But IF I have to, a 0% tax on the company and living elsewhere might be a better option for me. I can trade and gain money in the company at 0% as an employee of the company and Tax residency in Thailand after 180 days (and getting a TFN as well, I think).

Being a Thai tax resident is not bad either but where the company gonna be based.
Are we really a Thai tax resident ?

It's not as straightforward as a the Dubai route.
I want to confirm with them that its actual tax residency and not just paying taxes to a country that will turn around and say "f**k you, you're not a tax resident here". I dont think that would be the case, Thailand is pretty low-key in that it doesnt want to f**k with anyone with money or screw up their tourism and financial investment business, so im not too worried about it.

The Dubai route is very direct, but you're also paying for it, Which is fine.

Your other option is to not get the Elite Visa, save your 20k and only visit thailand when you need to and do visa runs every 3 months (2 months visa + 1 month extension). That'd significantly save a chunk of change.

Im not taking that route because I just did my first visa run in 10 years and I nearly blew out my back, got zero fucking help from KL Airport in getting to my gates and transfers around and just got shat on at every step in Malaysia costing me ~2k+ instead of ~1.2k that was setup for a 5 day trip.

-Skenners
 
Just got the answers now.
This was the reply I got from Siam Legal.

1) with an elite visa can you easily open regular local bank accounts?
Yes, with th Thai Elite Visa, you can open both Thai and foreign currency accounts. You can obtain bank book, ATM cards and online banking.

2) are you considered a resident with an elite visa and will there be any CRS reporting abroad? As I've read in different places that you are a tax resident if you stay in Thailand over 6 months (180 days). Does that change anything for CRS reporting?
Yes, you can be considered as tax resident. However it is good to note that Elite Visa is a categorized as tourist visa still. You are permitted to stay up to 1 to 2 years per visit in Thailand. You can voluntarily pay tax in Thailand if you have resided more than 180 days in Thailand.

3) Do banks ask you on account opening where your permanent address is or they just record your Thai address and report it locally?
For opening a bank account before getting the Elite Visa or even after getting the Elite visa, you only need to list down a Thai address. It can be your address that you are renting or address of someone you know. Your address abroad will also be asked.

4) is it possible to open a multi currency (usd, eur,..) bank account in Thailand with a local bank (not HSBC, citi,..) like Bangkok Bank or Krungsri, etc. Can you get dual currency atm/credit cards?
Once you have Thailand Elite Visa, you can open any currency at Bangkok Bank, Kasikorn Bank, Krungsri and even CitiBank.

5) is it possible to open a true money ewallet account with an elite visa? From what I've read a work permit is asked?
Once you have an Elite Visa and Elite Member card, yes, you can sign up for True Money ewallet.

6) what are the legal tax implications if you transfer monthly some money to Thailand or if you transfer a lump sum from your personal savings (e.g. 300k usd)?
Since Thailand Elite Visa is still a tourist visa, you can just voluntarily pay tax if you wish. There is no mandatory tax payment but transfer fees will be paid as well.

OK, So for me personally, Ill take the risk and get the visa. Im tired of doing visa runs every 2-3 months and the 45 day visa is finishing up in March. As long as I can make up the money Im losing on getting the elite visa with how little im paying in tax and cost of living.

Also, with going with these guys, you get the regular benefits and a few other quick perks:

Benefits of Thailand Elite:
-Ability to apply for 5-year multiple entry special privilege visa
-Each entry to Thailand allows you to stay for 1 year
-Assistance for 90-day reporting as required by law
-Assistance to open a bank account and driver's license
-Airport transfer service at the airport
-Expedited passport control processing at the airport
-It can be upgraded to 20-year Elite Visa within 5 years


What SIAM LEGAL offers exclusive privileges as your agent:

  1. Free assistance in Opening a Thai bank account
  2. 1-Night Free Hotel Stay at Marriott Hotels in Bangkok, Phuket or Samui
  3. Free Notary service*
  4. VIP telephone number to answer any legal or immigration questions or assist you in an emergency.
  5. One hour free consultation regarding immigration issues.
  6. Two hour free consultation regarding legal issues (property, corporate, litigation).
  7. We do not charge you any fee aside from the Thai Elite membership fee.

* Note: Notary is limited to a one-time, one document for the applicant only.

This is all as of 18/01/2023 and probably subject to change


Whether or not this is beneficial to you guys or so, Im not sure, but it might help out.

What Im thinking of doing is residing in Thailand and if I'm asked my tax residency, to say its thailand (if ive been here over 180 days). Ill look at getting a TFN but not necessarily use it, mostly have it for proof of tax residency. I'm not earning anything in Thailand and shouldn't be paying any tax on anything as it is. So if someone asks, they can clearly see that the company is stationed elsewhere (dubai? SVG?) and that Im living in Thailand, regardless of visa, but also have a TFN for tax purposes.

The worst they could do is ask "how much did you personally earn?" which would be "0 dollars personally" or some small amount of money that if they ask for back taxes, would be easily paid off as a "fine".

-Skenners
As they indicate and also as it will be, elite visa is not a residence visa and your bank balances will be reported to your country of citizenship unless you can proof you have somewhere else a PERMANENT residence.

If it's ok your balances are reported to your home country and if you will stay 10 months a year in Thailand and can proof you live there by showing your rental contract, gym subscription, annual tax certificate (if you have any income) and all documentation you are actually in Thailand all the time you will be fine.

I suppose your funds comes from legit income where you have paid taxes on before. You should keep that proof in case you home country contest your tax residence (if you don't pay any tax in Thailand this will be challenging) as well the origin of your funds.

Keep us updated after you have opened the bank accounts how easy it is to transfer and work with larger Goering currency amounts in those local Thai banks
 
Your other option is to not get the Elite Visa, save your 20k and only visit thailand when you need to and do visa runs every 3 months (2 months visa + 1 month extension). That'd significantly save a chunk of change.

Anyone else thinking to get the LTR visa? A couple from Canada posted their approval journey on FB, and all they had to show was $80k/year income for 2 years, since they were over 50 years old. If you're not over 50, the criteria is more stringent, $500k investment in Bonds/Property along with the $80k/year income for last 2 years. If you're going to live in Thailand for the long term, then the $500 for property might already be a part of your plan. LTR is a 10 year renewable visa too.

There's also the retirement visa for citizens of 13 countries, renewal required every year.

As far as tax residency is concerned, I really comes down to who is going to ask, IMO. My country of citizenship is Canada, and I have severed all ties with Canada for about 7 years now. Thailand seems to only worry about people who have real jobs in Thailand, and have work visas attached to those jobs. Elite or retirement visas don't even allow you to work in Thailand, so even if you tried to pay taxes, wouldn't that create a conflict?

Also, instead of spending big money on Dubai or HK entities, why not just use a US Single member LLC with pass-thru taxation? For me, because my current business runs through a US SMLLC, that seems like the most logical set up, unless something breaks. Takes about $50-$100/year to maintain and I have good banking with everything I need (PayPal, international and domestic wires, merchant account, Zelle for my US based clients to pay me).
 
Anyone else thinking to get the LTR visa? A couple from Canada posted their approval journey on FB, and all they had to show was $80k/year income for 2 years, since they were over 50 years old. If you're not over 50, the criteria is more stringent, $500k investment in Bonds/Property along with the $80k/year income for last 2 years. If you're going to live in Thailand for the long term, then the $500 for property might already be a part of your plan. LTR is a 10 year renewable visa too.

There's also the retirement visa for citizens of 13 countries, renewal required every year.

As far as tax residency is concerned, I really comes down to who is going to ask, IMO. My country of citizenship is Canada, and I have severed all ties with Canada for about 7 years now. Thailand seems to only worry about people who have real jobs in Thailand, and have work visas attached to those jobs. Elite or retirement visas don't even allow you to work in Thailand, so even if you tried to pay taxes, wouldn't that create a conflict?

Also, instead of spending big money on Dubai or HK entities, why not just use a US Single member LLC with pass-thru taxation? For me, because my current business runs through a US SMLLC, that seems like the most logical set up, unless something breaks. Takes about $50-$100/year to maintain and I have good banking with everything I need (PayPal, international and domestic wires, merchant account, Zelle for my US based clients to pay me).
works, but you are operating a non-resident/offshore structure, which as of now works.
The "Big money" of Dubai gives you a onshore/resident structure.
 
No worries and im debating on Dubai or even Hong Kong after watching that video I posted earlier. Hong Kong incorporation is only ~1.2k AUD compared to the whole FCZO and residency thing in Dubai (when done right, its around 14k AUD).
Damn... 1.2k lol. Huge saving.
Let me know how it goes if you go this route.
I was thinking that too, but without the elite visa, and just living in dubai for the 90 days required for tax residency. I have issues with the Emirati (all of their regions) and their human rights as well as anti homosexual laws (not that im gay but some of my family are and wouldnt feel comfortable in visiting me if I lived there) so I dont REALLY want to support their stuff. But IF I have to, a 0% tax on the company and living elsewhere might be a better option for me. I can trade and gain money in the company at 0% as an employee of the company and Tax residency in Thailand after 180 days (and getting a TFN as well, I think).
That's what I was planning to do too. 90 days in Dubai, in and out bye bye

But the thing is... I think we must rent for minimum a year an apartment there (that add some cost there + apartment in Thailand or wherever).

I guess there are also business owners, entrepreneurs in thailand with tax residency. Wonder if I can find some people talking about their structure and setup on YouTube.

Yes, your plan is cost efficient and legit. Could also be an option for me.
Your other option is to not get the Elite Visa, save your 20k and only visit thailand when you need to and do visa runs every 3 months (2 months visa + 1 month extension). That'd significantly save a chunk of change.

Im not taking that route because I just did my first visa run in 10 years and I nearly blew out my back, got zero f*****g help from KL Airport in getting to my gates and transfers around and just got shat on at every step in Malaysia costing me ~2k+ instead of ~1.2k that was setup for a 5 day trip.
No way for me. I already did some visa runs with Myanmar with multiple entry tourist visa before... The immigration staff at the border are such a pain... Too much stressed to be left out of the country.
Rather buy an elite visa and be at peace.

I also met some people who have a student visa, learning Thai. Could be a short term option.

Holy sh*t. Hope your back is good.
 
I used to have Thailand Elite. Highly recommended. It's actually even cheaper than visa-runs / student visas etc, just have to pay the whole sum in advance. The process was really fast and easy (applied without lawyers, one-page form, a few days for approval).

Thai law is quite clear regarding tax residency: 180 days per year regardless if you have work permit, Thailand Elite or 6x 30-days tourist stamps. Tax office never bothered me, neither I have heard of anybody with Elite being bothered. Worldwide income, remitted to Thailand in the same year as it was earned, is taxed. If you earn money and don't transfer that money to Thailand for a year, it is not taxed.

Just as mentioned earlier in the thread it creates some curious law collisions. Say, you can be a "tourist" who is not allowed to work, but still be required to pay taxes. Also when you remit income to Thailand, it should be taxed if it was earned this year, but should not be taxed if it was earned earlier, and there are no ways to distinguish if a thousand USD you transferred is actually "new money" or "old money".

There are some complications with CFC/PE rules that one may want to research though.

@andrew28fl, I'll be in BKK in a few days, pm me if there is something to discuss over a coffee. Cheers.
 
I used to have Thailand Elite. Highly recommended. It's actually even cheaper than visa-runs / student visas etc, just have to pay the whole sum in advance. The process was really fast and easy (applied without lawyers, one-page form, a few days for approval).

Thai law is quite clear regarding tax residency: 180 days per year regardless if you have work permit, Thailand Elite or 6x 30-days tourist stamps. Tax office never bothered me, neither I have heard of anybody with Elite being bothered. Worldwide income, remitted to Thailand in the same year as it was earned, is taxed. If you earn money and don't transfer that money to Thailand for a year, it is not taxed.

Just as mentioned earlier in the thread it creates some curious law collisions. Say, you can be a "tourist" who is not allowed to work, but still be required to pay taxes. Also when you remit income to Thailand, it should be taxed if it was earned this year, but should not be taxed if it was earned earlier, and there are no ways to distinguish if a thousand USD you transferred is actually "new money" or "old money".

There are some complications with CFC/PE rules that one may want to research though.

@andrew28fl, I'll be in BKK in a few days, pm me if there is something to discuss over a coffee. Cheers.
rad!

I'm just filling out the forms now and gritting my teeth with the chunk of change involved in getting it, but ill suck it up and do it.

Did you have complications with CFC/PE Rules?

Thanks a heap for the info!

-Skenners
 
rad!

I'm just filling out the forms now and gritting my teeth with the chunk of change involved in getting it, but ill suck it up and do it.

Did you have complications with CFC/PE Rules?

Thanks a heap for the info!

-Skenners
No complications, it was not applicable to me, so didn't research in depth. As far as I know if one lives in Thailand and manages a foreign business it may well create a Permanent Establishment. So some corporate taxes would be owed to Thailand. Not that the revenue department tried to pursue that or business owners cared though :) Congrats with your new visa!
 
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Guys, do you recommend thai elite visa for long term paper residence so that Thailand gets CRS/FATCA reporting from your foreign accounts (and 1 year remmittance rule with 0% tax)? Things I don't like about Dubai are costs, only 2-year residence visa validity, medical test every 2 years, visiting every 6 months.
Regarding 183 days rule, this is probably if you want to get tax residence certificate or tax id, so it makes sense to stay first year that long to get tax id as every foreign FI wants it.
 
Guys, do you recommend thai elite visa for long term paper residence
Its only a tourist visa, long term, so im not too sure about the CRS/FACTA reporting side of things. If its only paper residence you want, proof of residence would just be a rental agreement, right? I got one for 6 months on a regular TR 60 day visa back in October (I used fazwaz to help me find a place). If you're wanting to stay longer then the elite visa might work for you as well.

-Skenners
 
Thai law is quite clear regarding tax residency: 180 days per year regardless if you have work permit, Thailand Elite or 6x 30-days tourist stamps. Tax office never bothered me, neither I have heard of anybody with Elite being bothered. Worldwide income, remitted to Thailand in the same year as it was earned, is taxed. If you earn money and don't transfer that money to Thailand for a year, it is not taxed.
So basically, you just show up at tax office and they give you tax ID + you pay whatever tax ?

Awesome
 
@andrew28fl, I'll be in BKK in a few days, pm me if there is something to discuss over a coffee. Cheers.


Today is my last day in BKK, hopefully next time.

From what a few people have confirmed, the ground reality is that on Elite visa you live tax free in Thailand. They don't bother you and no one looks into your foreign affairs outside of Thailand. I also don't foresee changing this in near future, but as always, one has to assess his own risk tolerance.
 
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From what a few people have confirmed, the ground reality is that on Elite visa you live tax free in Thailand. They don't bother you and no one looks into your foreign affairs outside of Thailand. I also don't foresee changing this in near future, but as always, one has to assess his own risk tolerance.
From my personal experience this is still applying regardless of your visa type.
 
It's very unlikely that you will get a tax ID from the Revenue Department if you don't work in Thailand holding a work permit. Maybe could get one if you declare (significant) foreign sourced income in Thailand.
I read that you can always voluntarily pay some tax, but since 0-150000 THB is tax free...that means at least 150001 THB.
 
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