Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

[email protected]

ResourcesCorporate and Tax AdvisoryThailand Tax LawTrump Drawdown of OECD and IRS Hiring Freeze: Tax Ramifications for Americans in Thailand?

Trump Drawdown of OECD and IRS Hiring Freeze: Tax Ramifications for Americans in Thailand?

Transcript of the above video: 

This video is primarily going to be geared towards Americans who are expats here in Thailand. We have seen some major developments here in the last couple of weeks most notably OECD, as I have done a video recently talking about Trump has pulled America out of that; we're not in that anymore. Thailand is not in it presently but they are talking about it. My hope is that this move will allow folks here in Thailand to take an even deeper look, scrutinize OECD further and I think once they look at the whole thing, they will basically say this really isn't in Thailand's interest and move along. 

The upshot of that, along with the fact - as we have discussed in another video - it looks like Mr. Trump is rescinding all the funding associated with Janet Yellen's pie in the sky, perhaps mushroom induced plan to go ahead and have a Global Minimum Tax that will then be enforced by some near 90,000 IRS agents around the world, and I think we have seen a prelude to that as we have seen as I have discussed in other videos, basically foreign "Stamp-Pimps" running into Thailand pretending that they have legal authority to be talking and consulting on Thai Tax matters notwithstanding the restricted occupations in Thailand. They have run around; they've stirred up a bunch of frankly consternation in the Expat Community which could be negative for Thailand; they have also stirred up a bunch of consternation regarding taxes generally. And frankly, I think their interpretations are way off the mark. And further, now that Trump has fully pulled out of OECD, we now fall back on the standard Amity Treaty, well I should say the interpretation of our other Treaties with the Thais moving forward and it's not a foregone conclusion whether or not Thailand will join the OECD but we now know Trump has pulled America out so that means we fall back on the old Treaty of Amity analysis as well as our Double Tax Treaty which I have talked about in many other videos, which to my mind, again everybody's situation is different. For those who feel that they may have some situation where they may have some tax liability, it's probably a good idea to contact a legal professional, gain some insight and guidance into how best to proceed. But to my mind, as a general matter, Trump alone pulling out of OECD leaves Americans in the future under the same analysis we had in the past, effectively. We are still in the same boat, as far as Americans, as we were vis a vis Thai Tax authorities as we ever were before - frankly everybody is - but Thailand may or may not join OECD; we don't know that yet. Europeans and Brits well you might get sucked into the Black Hole of OECD if Thailand joins but Trump has pulled America out so that leaves us with our Treaty of Amity and our Double Tax Treaty here in Thailand. And as I have discussed in many other videos and briefed actually at length - especially with regard to US-Thai Treaty of Amity companies certified under the Treaty - again this is a totally different analysis now that Trump has pulled out of OECD than it was some two weeks ago because again, things have materially changed. So how exactly this all plays out remains to be seen. 

Again those who are looking for advice whether or not they need to file taxes here in Thailand or have any sort of tax liability or assessability, again it may not be a terrible idea to contact a qualified legal professional, again somebody who is Thai, who has qualifications to provide Thai Tax consultancy, it would be a good idea I think for folks to contact such a person and gain some insight and guidance into how best to proceed.