How to Get Your Thai Resident Card?

Thailand is the new El Dorado of Asia. Many Europeans settle there despite the strict and complicated formalities linked to entry and settlement in the country. The residence permit is an essential administrative document for foreigners who wish to officially take up residence in Thailand. Having a residence permit can change the tax status of the holder both in his country of origin and in Thailand.

Usefulness of the residence permit in Thailand

The residence permit certifies the legal and official presence of a foreign person on Thai territory in the eyes of the Thai authorities. This document is also essential in the daily life of the foreigner. The certificate is particularly necessary to obtain an international or Thai car or motorcycle driving license, to open a bank account, to be able to buy a vehicle and for other useful procedures in everyday life.

Who issues the residence permit?

Requests for obtaining a residence permit are processed at the offices of the Immigration Commission and the Embassy, ​​depending on the case.

Case of a foreign worker

A foreign worker who has a type B visa and a Work Permit must submit his residence permit application to the Embassy.

Other visas

All persons with an entry visa to Thailand can apply at an Immigration Commission office to receive a residence permit. There are just under 70 offices spread across the different Thai provinces. The applicant must submit their request to the Immigration Department office of the city where they wish to settle.

Procedures for obtaining a residence permit

The administrative procedures for obtaining a residence permit in Thailand are quite basic.

The conditions

The applicant must have stayed more than 3 years in Thailand, be aged 14 and over and speak and understand the Thai language. Also taken into account: active income, family situation, qualifications and professional training. If the applicant is a foreign investor, he must absolutely have at least 10 million baht to invest in Thailand in projects of national or collective interest. The investor must provide a certificate issued by the commercial bank of Thailand which certifies that he has the defined amount.

Documents to provide

The residence permit application file must be complete and include:

• the applicant’s original passport
• the copy of the passport page containing the identity photo and identity information, those with the Thailand entry visas, the immigration card,
• 2 identity photos,
• certificate attesting to the address of residence in Thailand. (find accommodation)
• fees relating to the residence permit application process, the amount of which varies from one province to another,
• the “Application Form Residence Certificate In Thailand” application form delivered on site to complete (in Thai and English)
• For security reasons, the service may request a certified criminal record and take the applicant’s fingerprints.
• French people who have stayed in Thailand for at least 6 months,
• French people who no longer have a home (family and minor children) in France
• French people who no longer carry out any paid activity in France and who no longer have an economic interest in France.

Upon receipt of the documents and the application, the Immigration Commission agent provides a ticket with the reference of the application to the applicant.

The document is issued by the Commission or the Embassy within a maximum period of 10 days following the date of submission of the application.

After obtaining their residence permit, the foreigner who settles in Thailand must report to the Immigration Commission to provide proof of their legal installation in the country and present their monthly income or investments, every month for 3 months.

The tax consequences of obtaining a residence permit in Thailand

Once the residence permit has been obtained, the foreigner is officially and legally recognized as a “resident” in the eyes of Thai law. Following a tax convention between the French and Thai authorities, French people established in Thailand who receive income in France are always taxable in France. However, French people considered to be tax “non-residents” in France are subject to reduced tax rates, varying according to the amount of income received.

Income tax return

A French retiree who changes his tax domicile to Thailand must submit his income tax return to his former tax center which will be responsible for submitting his tax file and his declaration to the Non-Resident Tax Center (CINR). This structure will determine the tax rate based on the amount of income.

A French person who leaves France to settle in Thailand and whose departure is planned before the month of May must declare his income must declare his income from the previous year in Thailand in May and also submit a declaration to the French tax center, making sure to clearly note his new address of residence. If departure is planned after May, the income declaration must be submitted to the French tax center. The person concerned must inform their tax center of their change of tax domicile by specifying their new address in Thailand so that their file is transferred to the structure which takes care of non-residents.

The year following final departure to Thailand, the person concerned must make a 2042 declaration with the income they received from January 1 to the date of their departure and a 2042 NR declaration for the income they received from the date of their departure to December 31. These documents must be sent to the CINR.

Taxation terms for “residents” in Thailand

The French government and the Thai government have concluded an agreement stipulating the impossibility of double taxation.

The convention stipulates that “residents” in Thailand are taxable on their income received in Thailand and their income from foreign countries, even if the amount of income received in Thailand is greater than the amount of foreign currency brought back to Thailand. Taxable income in Thailand is income in cash and in kind (in the form of benefits) received from remuneration for work performed or an investment.

Income from inheritance or non-commercial sale of property, awards received in the course of scientific research and action in the field of education and interest incurred from a savings account in a Thai commercial bank whose total amount does not exceed the sum of 20,000 baht per year are not recorded in the income tax return.

Income received by a French resident in Thailand on property established in France is taxable in France. Capital gains on securities are fully taxable in Thailand. With regard to dividends and interest, a maximum withholding tax of 25% is provided. The taxpayer must declare this income in Thailand as soon as he receives it. This will allow him to subtract the value withheld at source from his taxes paid in Thailand in the form of a tax credit.