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American OECD Pullout: Thai Amity Treaty Tax Issues?
Transcript of the above video:
As the title of this video suggests, we are discussing well Trump's recent announcement - his Executive Order - that the United States has now pulled out of the OECD. This is great news from where I'm sitting; I'm very happy to see that Trump has gotten us out of that organization. As he pointed out, it impinged on American sovereignty via usage of extra territorial methodologies to deal with aligning our laws and things to extract wealth from Americans. I'm very hopeful that Thailand will reject once and for all the OECD; I don't think it's much of any good for Thailand.
That being said, how does Trump's withdrawal from OECD impact Americans here? Well from my perspective, we fall back onto our American Amity Treaty, that's where things fall back to, which is you are doing business here in Thailand, you get National Treatment. As we discussed in other videos, Americans can own their companies 100% here in Thailand under the Amity Treaty. Also, as we have discussed in other videos, the unique nature of the Amity Treaty - and I'll put a link to a brief I've done on this in the past - but I've talked about this at length before, the unique nature the Amity Treaty makes American Amity companies what I would describe as domestic non-resident corporations of the United States. And in light of our Double Tax Agreement with the Thais, you couple those two things together and these Amity Treaties end up in a sort of, basically sort of under a sort of a tax invisibility. I hate to say, ‘immunity’, ‘exceptions’, I don't know how to use the right word, but it's effectively tax neutral from the standpoint of the American side because the two Treaties operating together especially if that Amity company has no, what we would say in the International Shoe (https://en.wikipedia.org/wiki/International_Shoe_Co._v._Washington) context, minimum contacts with the United States for business purposes, you are basically in a situation where okay it is a Domestic Corporation but it is not resident in the United States and pursuant to the Double Tax Treaty, if it doesn't do any business in the United States, they have affirmatively no tax authority over that particular entity. And I've discussed that at length; you can read through my brief in the link below.
But long story short, how does leaving OECD impact this? If anything, it's a very good thing because if Thailand does end up joining it, America's out, so our Treaties deal with Americans the way they always have. Okay, Thailand is over here with OECD. We just sort of ignore that from the American context since Trump pulled us out of that. Again, it's my hope that the Thais see from Trump's example that really this is not very good at the end of the day for Thailand and I'm hoping Thailand doesn't go ahead and end up joining the OECD. That being said, we will certainly keep you updated on this channel as the situation evolves.