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Thai "Retirement Visa Itself Is Straightforward"?

Transcript of the above video: 

As the title of this video suggests, we are discussing the Thai Retirement Visa and the fact that it is really when you get right down to it, a rather straightforward endeavour especially when it comes to the issue of extension of your Retirement Visa here in Thailand.

That being stated, I thought of making this video after reading a recent article from the Pattaya Mail, that is pattayamail.com, the article is titled: Navigating taxes on your Thai Retirement journey. Quoting directly: "The Retirement Visa itself is straightforward. You need to show either sufficient funds in a Thai Bank Account or a steady income/pension coming into Thailand, and you need health insurance to cover your stay." Well that's only true for the O-A Retirement Visa. You do not necessarily need health insurance for extension or application for an O Retirement Visa; those are two different things. I've discussed that in other videos. Quoting further: "But when you start thinking about the money flowing in from abroad or locally, taxes quietly step into the scene. Timing becomes crucial. If you transfer foreign income into Thailand in the same year it is earned, it becomes taxable. Transfer it the following year, and Thai Tax Authorities simply nod and say, "No worries, just show us your bank balance", and all is well." Yeah, except for the fact that none of that has anything to do with the Retirement Visa. As I've discussed in other videos, Immigration, the apparatus, is not asking for tax documentation associated with Retirement Visas. Also in this article, this notion of timing, "if you transfer foreign income into Thailand in the same year it is earned, it becomes taxable," - yeah - "transfer it the following year and Thai Tax Authorities simply nod and say, "no worries, just show us your bank balance." That was the old rule, it's my understanding. Ever since January 1, 2024, timing of when you accrued funds versus transferred it into Thailand is no longer an issue. It doesn't change materially the analysis regarding whether or not one might be assessable or liable for taxes on that money. 

So, while part of this video truly is about the fact that yes, the Retirement Visa itself is a pretty straightforward endeavour and what needs to be sussed out, because unfortunately this article from Pattaya Mail, it seems like there's a lot of conflation going on. It seems to be inadvertent, but conflation on one, what the current state of play with regard to assessability and liability for taxes in Thailand. Yes, under the old rules prior to December 31, 2023, money accrued in a different year than whence it was transferred into Thailand, it wouldn't have been assessed for tax liability. Whether it would have ultimately been determined if there was liability or not, that's a different question, but it wouldn't even be assessed in the first place. That rule changed with the memorandum of quarter 4 2023 - which I covered extensively on this channel - and began being implemented January 1, 2024. So quarter 4 of ‘23 is when they released the memorandum, January 1, 2024 is when they started implementing new rules. I don't know what this person's talking about or what this article is talking about I should say with regard to the notion that this timing thing is still in effect. Those rules, the memo changed that; we have gone over that pretty well at length. 

Meanwhile, again, no you do not need insurance necessarily to extend or obtain a Thai Retirement Visa if it's in the O category as opposed to the O-A category, so that's sort of something to keep in mind. Also, and this is a big one and I think it is necessary to flesh this out, and it goes to the title of the video, which is Thai Immigration is not looking at Tax Matters. They're not adjudicating or even scrutinizing people's tax documentation. Their function regarding the Retirement Visa is to determine whether or not the person has the sufficient financial instruments or financial backing, to be able to remain in Thailand on a Retirement Visa. They just need to see Bank documentation or financial documentation pertaining to pension in order to extend status: still not require that anybody show tax documentation. 

So again this article, I was reading it, and I found myself confused, so I decided to go ahead and make this video. And I'm making another one contemporaneously with this one where we go more into depth on the tax issue, but I just again, knowing how the sort of expat retirement community can be, and I completely understand their position, they're little on edge about all of these topics. When I read something like this, I think it's worth making a video to kind of again, put it back out there exactly where things stand at least as of the time of making this video. So again, things to take away from this is currently, tax documentation, the twain do not meet when it comes to immigration extension matters, adjudication of immigration extension matters for retirees. The other thing to bear in mind is again, the memorandum did change things in 2023, so timing is not so much an issue like it once was. Finally again to reiterate, O Retirement Visas versus O-A Retirement Visas: O-A Retirement Visas require insurance for extension, O Retirement Visas do not. 

So as I have said in many other videos, and I continue to say, I still think the standard O Retirement Visa, if you are your over 50 and you can meet the financial requirements, that is the best Visa in my mind for folks who are looking to come to Thailand and be here long term. One of the big reasons also I believe that is because in the past, specifically in the '90s when they changed the criteria associated with financial instruments associated with the Retirement Visa, I should say financial support associated with the Retirement Visa, when they changed the rules, they grandfathered people in who had already been in the system. And that is my thinking as to how any major change to the Retirement Visa would work moving forward, because they wouldn't want to, there are tens of thousands of retirees in Thailand. They are not going to just want to overnight say, "now all of you people no longer qualify". No I think they might change the rules moving forward, grandfather everybody in who was already in the system, and move ahead from there and that is yet another reason I think the standard O Retirement Visa stands as the best and most cost-effective method of remaining in Thailand for retirement purposes for the long term.