Just got the answers now.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.
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:
- Free assistance in Opening a Thai bank account
- 1-Night Free Hotel Stay at Marriott Hotels in Bangkok, Phuket or Samui
- Free Notary service*
- VIP telephone number to answer any legal or immigration questions or assist you in an emergency.
- One hour free consultation regarding immigration issues.
- Two hour free consultation regarding legal issues (property, corporate, litigation).
- 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