Transcript of the above video:

As the title of this video suggests, we are discussing the LTR Visa, oftentimes referred to as the Long-term Residence Visa. As I have discussed in other videos they should not be confused with permanent residence. As we have discussed in many other videos Thai LTR visas do not confer lawful permanent residence here in Thailand, Permanent Residence as described in the Immigration Act of 1979. So in my opinion they are basically just Non-Immigrant Visas. Although that being said, BOI does have a specific set aside under the Immigration Act where they do have certain, there's a Visa category if you will for BOI. 

Now as I have discussed in other videos, I don't see where just by having this other category, the Act itself delineates between two types of folks; folks who have Permanent Residence and those people for example don't have to deal with things like TM30 or 90-day reporting, and then there are those that don't have Permanent Residence but are in Thailand long term on a Non-Immigrant Visa. So that is every other type of Visa except for a Tourist Visa or Visa exemption; you are either Non-Immigrant or you are a Permanent Resident i.e. Immigrant Visa. So under that body of law, we see where Residence comes from and again LTR Visas as we have discussed are not strictly speaking Permanent Residence. 

But we have seen a lot of other talk regarding the LTR Visa. I have been unable to really find where they are coming up with the authority for this and this is one of those things I am happy to make another video if I can find an explanation for where the legal authority for some of these assertions comes from but one of them is that LTR visas don't need to do things like 90-day reporting; I've even heard that they don't have to do things like TM30. I don't understand where they get the Authority for that because the Immigration Act is clear, you are either a Permanent Resident or you are not and if you are not a Permanent Resident then under the Act, it seems pretty clear to me that you have got to deal with those issues. Now I am not trying to make people have to deal with something they don't want to deal with but failure to understand the actual reality of the law can lead people to some problems which brings us to this whole notion of like tax exemption. I have heard many times, it is sort of I haven't seen a lot of like hard and fast information about where the legal authority for any sort of tax exemption is based on one's Visa status, specifically LTR status, but I have seen a lot of talk about it. 

I thought of making this video after reading a recent comment on our channel, quote: "Can you please do a video about the LTR Visa and its tax exemption benefits for Wealthy Global Citizens and if the new tax rules will impact?" Well my thing is you need new tax rules promulgated presumably to change the tax liability on someone because their visa status does not pertain to their tax status per se. It doesn't impact it directly. We have talked about this at length in other videos, Immigration status is its own thing. Now immigration and tax are becoming more and more inextricably linked because physical presence in a given jurisdiction, especially here in Thailand now in light of recent announcements, physical presence in a given jurisdiction may dictate tax liability, it may not too depending on the jurisdiction you are in. That said, I don't see where a visa or the status of a Visa mitigates against already promulgated tax law. I don't see how that occurs and I haven't seen any statutory authority or any legal authority out there regarding these LTR Visas that says legally, at law that tax liability is mitigated. For example, we still have the 180 day rule regarding Tax Residence in Thailand. I had heard it in the past as 183 days, I have read it in the past as 183 days I am going to take it the lower number at 180 days, and let's just presume that to be on the safe side. Where does it say it's 180 days unless you are in X type of Visa? And, even if it did say that like online or something, where is the legal authority that changes the tax code based on your Visa status. As we have discussed it's kind of similar to the notion of House Books. In the past there was a lot of conflation of analysis regarding "oh I have a Thai Yellow House book, therefore I don't have to do a TM30, therefore I don't have to do 90-day reporting", and as we did the analysis with regard to that, the Civil Registration Act as amended I believe in 1991, did allow foreigners to have Yellow House Books, they were allowed to get House Books similar to those of Thais. It didn't change anything about the Immigration Act of 1979 which says that you have still got to do 90-day reporting, you have still got to do TM30. I view this analysis similarly, and I have looked, I haven't looked extensively but I have taken about half an hour to go through the internet and try to find the tax authority where folks that talk about the LTR are claiming it is tax exempt and I can't find it. And I do understand BOI which I believe these LTRs are issued under the auspices of BOI, they do have certain authority with regard to concessions for folks doing business in Thailand, so business coming into Thailand, but I don't see where they have the authority by dint alone of issuance of a visa to change the tax code; I don't see where that has occurred. So until I see that and look I am happy to, if folks have something email it to us that where it says at law this changes your tax status, I will happily do a video on it but as of the time of this video, I haven't been able to find anything at least compelling to me other than just people talking about it that shows that legally speaking LTR Visa modifies your legal standing in Thailand to such a degree that it overcomes the present tax code as it sits.