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NYC Legal & Notary
NYC Legal & Notary Public attorney team, Bangkok — Wat Arun riverside
NYC Legal & Notary Public attorney team, Bangkok — Wat Arun riverside
Mr. Jiraphan — Notarial Services Attorney certificate, Lawyers Council of Thailand
Mr. Jiraphan·Notarial Services Attorney
Mr. Jirasak — Notarial Services Attorney certificate, Lawyers Council of Thailand
Mr. Jirasak·Notarial Services Attorney
Mr. Patipan — Notarial Services Attorney certificate, Lawyers Council of Thailand
Mr. Patipan·Notarial Services Attorney
Mr. Warawut — Notarial Services Attorney certificate, Lawyers Council of Thailand
Mr. Warawut·Notarial Services Attorney
Mr. Wiwat — Notarial Services Attorney certificate, Lawyers Council of Thailand
Mr. Wiwat·Notarial Services Attorney
Miss Anutree — Notarial Services Attorney certificate, Lawyers Council of Thailand
Miss Anutree·Notarial Services Attorney
Updated Jul 2026 · Revenue Code §41 · Por 161/162 · Royal Decree 743/2565 · Worldwide Income Proposal 2026

Thailand Personal Income Tax for Foreigners — 6-Regime Comparison 2026 (Non-Resident · Standard · LTR 17% · BOI · IBC · Worldwide)

Definitive playbook for every foreigner profile in Thailand — digital nomads, retirees, expat executives, HNWIs, specialists, and regional HQ officers. Deep-dives Por 161/162 (2024), LTR Flat 17% (RD 743/2565), IBC 15% (RD 674/2561), the 2025–2026 Worldwide Income proposal, DTA with 61 countries, and Apostille (14 Feb 2026). Built on 172 NYC Legal returns (2021–2025) with a 99% success rate.

6 Tax Regimes

Non-Resident (<180d), Resident Progressive 0-35%, LTR Flat 17% (Highly-Skilled), BOI Specialist (50% base cut), IBC Executive 15%, Worldwide Income (proposal 2026)

Deadlines

PND.90/91 filing: 1 Jan – 31 Mar (paper) or 8 Apr (e-Filing). LTR/BOI/IBC application 30–90 days. WHT refund 3–6 months. Foreign Tax Credit requires apostilled certs.

Legal Basis

Revenue Code §41 · Por 161/162 (2024) · RD 743/2565 (LTR) · RD 674/2561 (IBC) · Investment Promotion Act 2520 (BOI) · Pillar 2 GMT 15% · DTA with 61 countries

🌏 Non-Resident (< 180 days)
Code NR
Legal basis: Revenue Code §41 first paragraph — anyone physically present in Thailand for fewer than 180 days in a calendar year is a Non-Resident for tax purposes.
Scope: Only Thai-sourced income is taxable — salary from a Thai employer, rental from Thai real estate, interest from Thai banks, dividends from Thai companies, and capital gains on SET-listed shares. Foreign-sourced income is fully out of scope.
Rate: Progressive 0-35% on Thai-sourced active income (first THB 150k exempt, then 5-35% by bracket) · Final WHT 15% on passive income (dividends, interest, royalties) — no PND filing required for the passive slice.
Residency rule: Days are counted from passport entry/exit stamps and TM6/TM7 — 179 days = Non-Resident, 180+ days = Resident automatically. There is no application; residency is a status test, not a visa concept.
Filing: File PND.91 between January and March of the following year if Thai-sourced income exceeds THB 60,000. A pure Digital Nomad with < 180 days present and remote work for a foreign employer normally has no Thai filing obligation.
Benefits: Zero Thai tax on foreign income · Por 161/162 does not apply · Ideal for come-and-go digital nomads, bond traders, and frequent travellers · Fully insulated from the 2025-2026 Worldwide Income proposal.
Pitfalls: The 180-day count is unforgiving — arrive at 8 a.m. and the whole day counts. You also need a Tax Residency Certificate from a jurisdiction where you spent 183+ days, otherwise you are 'tax stateless' and risk double taxation. Remote salary paid by a foreign employer into a Thai bank while you are physically in Thailand is Thai-sourced (place-of-work rule). A DTV visa used for 6 + 6 months automatically pushes you over 180 days.
NYC Legal case: German software engineer · Bangkok 165 days + Bali 200 days · Thai Non-Resident · no PND filed · 28% tax saving vs Resident treatment · NYC Legal advisory fee THB 12k.
🏠 Resident Standard (Progressive PIT)
Code RES-Std
Legal basis: Revenue Code §41 second paragraph + Departmental Orders Por 161/2566 and Por 162/2566 (effective 1 Jan 2024) — a Thai Resident who remits foreign income into Thailand is fully taxable on that remittance.
Scope: Thai-sourced income (including worldwide employment income if the work is performed in Thailand) plus foreign income remitted into Thailand on a cash basis. Income earned before 1 Jan 2024, and income earned in a year in which the taxpayer was not Resident, remain exempt when later remitted.
Rate: Progressive brackets: 0-150k exempt · 150-300k 5% · 300-500k 10% · 500-750k 15% · 750k-1M 20% · 1-2M 25% · 2-5M 30% · above 5M 35%.
Residency rule: ≥ 180 days present in a calendar year (cumulative, not consecutive) — visa type is irrelevant. Even a tourist-visa holder becomes a Resident if the 180-day threshold is crossed.
Filing: File PND.90/91 by 31 March (paper) or 8 April (e-Filing) of the following year. Any income above THB 60,000 requires filing. Foreign income remitted into Thailand must be declared as 'other assessable income'.
Benefits: Full deduction toolkit — children, parents, RMF, SSF, health insurance, donations — combined relief can reach 40-45% of gross · Access to Social Security (SSO) · Foreign Tax Credit under DTA · Fully e-filed process.
Pitfalls: 🚨 Por 161/162 (2024) bites hard: every foreign dividend, salary, or rent remitted into Thailand is now fully taxed. Pre-2024 earnings remain exempt but you must prove the vintage. Undeclared remittances trigger a 100% penalty plus 1.5%/month surcharge on audit. Even a Wise/Revolut transfer can be treated as a taxable remittance.
NYC Legal case: US retiree on a Retirement Visa · USD 60k/yr pension remitted into Thailand · pre-2024 tax 0% → post-2024 tax ~15% (THB 600k) · Foreign Tax Credit under the US-Thai DTA cuts the effective rate to ~4% · NYC Legal filing fee THB 45k.
LTR Highly-Skilled Flat 17%
Code LTR-17
Legal basis: Royal Decree No. 743 B.E. 2565 §17 — flat 17% election reserved for the LTR 'Highly-Skilled Professionals' category.
Scope: Thai-sourced employment income only. Foreign income of every kind — dividends, rental, capital gains — is 100% exempt whether remitted or not. The election covers the entire 10-year LTR term.
Rate: Flat 17% on Thai employment income (in lieu of progressive 0-35%). Taxpayer may pick Flat 17% or progressive, whichever is lower. Any WHT already withheld is fully creditable.
Residency rule: Requires an LTR Highly-Skilled visa: (1) salary ≥ USD 80k/yr for the last 2 years, (2) MSc/PhD or 5-year expertise, (3) employment in one of the 10 target industries (BCG, Digital, Robotics, EV, etc.). The §17 election must be filed with the Revenue Department each year.
Filing: Annual PND.90 accompanied by the §17 flat-rate election form. The employment contract must reference the LTR Highly-Skilled category. BOI issues the tax endorsement letter after visa issuance.
Benefits: 🏆 The best regime for high-salary specialists · Flat 17% saves 20-53% vs progressive · Foreign income (dividends, rental, capital gains) fully exempt — Por 161/162 does not apply · 10-year visa · Immigration fast track · Free digital work permit · Covers spouse and up to 4 children.
Pitfalls: Highly-Skilled only — Wealthy Pensioner and Wealthy Global Citizen do NOT get 17% (they stay progressive). Work-from-Thailand Professionals also miss the flat rate (but keep the foreign-income exemption). The election must be renewed annually. Leaving the LTR-sponsoring employer requires 60-day BOI notice or the right lapses.
NYC Legal case: Singaporean AI engineer · LTR Highly-Skilled · salary THB 8M/yr · Flat 17% = THB 1.36M (vs progressive THB 2.44M) — saves THB 1.08M/yr · Singapore portfolio dividends 100% exempt · NYC Legal annual filing THB 65k.
🏭 BOI Specialist (Foreign Expert)
Code BOI-Spec
Legal basis: Investment Promotion Act 2520 §24-26 · BOI Announcements 2/2564 and 5/2565 (Digital/BCG) — foreign Specialists employed by BOI-promoted companies qualify for reduced personal tax.
Scope: Salary from the BOI-promoted employer (Thai-sourced). Depending on the BOI category, salary is either fully exempt or has its taxable base reduced by 50%. Foreign income is NOT exempt — normal resident/non-resident rules still apply.
Rate: Progressive 0-35% applied to only 50% of salary (BOI Cat A1/A2) · OR 100% exemption (Regional HQ · Trade & Investment Support · R&D categories).
Residency rule: Must be classified as a Specialist by BOI (3+ years experience, Skill Certificate). Employer must hold a BOI Certificate and issue the work permit through BOI e-Expert. Salary ≥ THB 100k/month.
Filing: PND.90 filed with the BOI certificate referencing the tax right. BOI Skill Certificate must be renewed every 2 years. Changing employer terminates the right.
Benefits: 50% base reduction or full exemption depending on BOI category · 4-year multiple-entry visa · 7-day fast-track work permit · Spouse may work · Duty-free import of personal tools · Corporate tax holiday indirectly benefits payroll.
Pitfalls: Tied to the sponsor company — changing jobs ends the right. Cat A4/B1/B2 receive no salary-tax break. Skill Certificate must be renewed every 2 years. If the BOI promotion is revoked, back tax plus 1.5%/month surcharge applies. Foreign income remains subject to Por 161/162.
NYC Legal case: Taiwanese chip engineer · BOI Cat A2 semiconductor firm · salary THB 5M/yr · 50% base reduction → taxable THB 2.5M → tax ~THB 525k (vs THB 1.365M standard) — saves THB 840k/yr · Skill Certificate renewed every 2 years · NYC Legal fee THB 55k.
🏦 IBC / Regional HQ Executive 15%
Code IBC-15
Legal basis: Royal Decree No. 674 B.E. 2561 §4 (IBC — replacing the former ROH/IHQ regimes) grants foreign Executives and Specialists of an IBC a flat 15% personal rate.
Scope: Salary from an IBC-registered entity (financial services, management, treasury centre) paid to a qualifying Executive or Specialist — flat 15% instead of progressive. Foreign income can be exempt when the qualifying conditions hold.
Rate: Flat 15% on IBC salary (in lieu of 0-35% progressive) · Elect flat 15% or progressive, whichever is lower · 15% WHT withheld = final tax.
Residency rule: Employer must be BOI-registered as an IBC (capital ≥ THB 10M, at least one of 6 qualifying activities: Management, Technical Services, Financial Services, R&D, Trading, Treasury). Executive salary ≥ THB 200k/month; Specialist ≥ THB 100k/month.
Filing: PND.90 filed with the IBC licence and Executive/Specialist certificate · Must be Thai-resident ≥ 180 days · Employer must generate ≥ THB 8M CIT/yr to keep the 3% corporate rate.
Benefits: Flat 15% salary rate (20-35% saving vs progressive) · 3% CIT on IBC-qualifying revenue · Outbound dividend WHT exemption · Ideal for Regional HQ (Bangkok/Singapore hub) · 15-year licence · Foreign Business Act restrictions carved out.
Pitfalls: IBC is stricter than BOI — real substance in at least one qualifying activity is required (no shell companies). A sunset clause targets 2026 (2025 announcement may push the date). Service must be delivered to 3+ countries. An Executive working 100% in Thailand risks being reclassified as non-Regional. Wealthy Pensioners are not covered.
NYC Legal case: Japanese Regional CFO · IBC (Treasury Centre) serving 5 ASEAN countries · salary THB 12M/yr · Flat 15% = THB 1.8M (vs THB 3.8M standard) — saves THB 2M/yr · Tokyo stock options exempt · NYC Legal fee THB 120k.
🌐 Worldwide Income (Proposed 2025-2026)
Code WW-Prop
Legal basis: Draft amendment to Revenue Code §41 (Revenue Department proposal, expected Cabinet review July 2025) — removes the Por 161/162 remittance requirement and taxes Thai Residents on worldwide income whether remitted or not. Target effective date: tax year 2026. Aligned with OECD Pillar 2 GloBE.
Scope: Worldwide income of any Thai Resident (≥180 days) — taxable in Thailand whether the funds remain offshore or are remitted, mirroring the US Citizen model. Foreign Tax Credit under 61 DTAs remains available.
Rate: Progressive 0-35% (as with Resident Standard) but on an expanded base — worldwide dividends, rental, capital gains, and business income. GMT/Pillar 2 Top-Up Tax 15% applies for MNEs > EUR 750M revenue.
Residency rule: ≥ 180 days + centre of economic interest in Thailand (residence, family, business). Only the US, Mexico, and Eritrea currently use this model — Thailand would be the fourth if the bill passes.
Filing: PND.90 filed together with a Global Income Statement (income by country), a Foreign Bank Account Report (similar to US FBAR, > USD 10k threshold), and automatic CRS data from 120 partner jurisdictions.
Benefits: No taxpayer upside — this is a tax increase. Only silver linings: no more 'evasion' risk since CRS reporting is automatic, and the earn-year vs remit-year timing calculus disappears.
Pitfalls: 🚨 Highest-impact regime: (1) LTR Flat 17% and IBC 15% could be repealed (not confirmed); (2) Retirees pay full tax on pensions even without remitting; (3) Digital nomads owe tax on worldwide YouTube/crypto/trading income; (4) HNWIs may need to shift tax residency to Singapore/UAE; (5) Double-tax risk persists even under a DTA. Start restructuring 2 years ahead.
NYC Legal case: UK crypto trader · Thai Resident 2025 · trading income THB 12M (Binance offshore) · under current Por 161/162: no remit = 0% · under Worldwide 2026: ~THB 4.2M tax · NYC Legal restructures via LTR Wealthy Global Citizen + Singapore family office — saves THB 3.1M/yr.
Decision Matrix — 6 PIT Regimes for Foreigners
RegimeScopeRateRiskSavingBest For
Non-Resident (<180d)Thai-sourced only0-35% + Final WHT 15%LowMaximumDigital nomads · frequent travellers · bond traders
Resident StandardThai + remitted foreignProgressive 0-35%Medium (Por 161/162)Deductions 40-45%Salaried expats · retirees · families
LTR Flat 17%Thai employment only; foreign exemptFlat 17%Low20-53%🏆 Highly-Skilled specialists ≥ USD 80k in 10 target industries
BOI SpecialistBOI salary (50% base cut)0-35% on 50% baseMedium (tied to employer)40-60%Experts in BOI Cat A1/A2/A3 · Semiconductor/BCG/Digital
IBC 15%IBC salary + foreign exemptFlat 15%Low-Medium20-35%Regional HQ Executives · CFO/COO · Treasury centres
Worldwide Income (2026)🌐 Global — all sourcesProgressive 0-35%🚨 Highest❌ Increases tax❌ Applies to everyone — restructure 2 years ahead

FAQ — Foreigner PIT in Thailand 2026

When do foreigners in Thailand start paying personal income tax?

The only trigger is day-count, not visa type: (1) <180 days/calendar year = Non-Resident, taxed only on Thai-sourced income; (2) ≥180 days = Resident, taxed on Thai income + foreign income 'remitted' into Thailand (Por 161/162 effective 1 Jan 2024). File PND.90/91 by 31 March (paper) or 8 April (e-Filing). Income above THB 60,000/yr requires a filing even with zero tax.

What did Por 161/162 (2024) change and who is affected?

Before 1 Jan 2024: foreign income remitted 'in a different year than earned' was tax-exempt — the classic 'park it 1 year' loophole. After: every remittance is taxed in full regardless of when earned. Only pre-2024 earnings are exempt (must be provable via bank + foreign tax return). Impacts: retirees with pensions, dividend/rental recipients, digital nomads over 180 days, and remote workers paid by foreign employers.

Is the LTR Flat 17% real? Who qualifies?

Yes — Royal Decree 743/2565 Section 17, exclusively for LTR 'Highly-Skilled Professionals' in 4 buckets (BCG, Digital & Tech, Robotics & Advanced Manufacturing, EV & Aviation). Conditions: salary ≥ USD 80k for 2 recent years + MSc/PhD or 5-year expertise + employment in one of 10 target industries. Flat 17% saves 20–53% vs progressive; foreign income (dividends/rental/capital gains) is 100% exempt. LTR Wealthy Pensioner / Global Citizen / WFT do NOT get Flat 17% but still enjoy the foreign-income exemption. Must file the Section 17 election every year.

BOI Specialist vs LTR Flat 17% — which is better?

BOI Specialist: tied to the sponsor company; 50% base reduction (Cat A1/A2) or 100% exempt (Regional HQ); 4-year visa; job-change ends the benefit. LTR Flat 17%: portable, 10-year visa, foreign income exempt, job-change allowed with 60-day BOI notice. Rule of thumb: salary >THB 5M + eligible industry → LTR wins. Salary THB 1–3M in Cat A1/A2 → BOI Specialist often saves more on the base. If eligible for both, LTR wins on horizon and foreign-income treatment.

Can I still use IBC Executive 15% in 2026?

Yes, but register before the sunset. Royal Decree 674/2561; company must have capital ≥ THB 10M, perform ≥ 1 of 6 qualifying activities (Management, Technical, Treasury, R&D, Trading, Support Services), and serve ≥ 3 countries. Executive salary ≥ THB 200k/mo → Flat 15%; Specialist ≥ THB 100k/mo → Flat 15%. Corporate rate 3% on qualifying revenue. License 15 years, renewable 15. A late-2026 closure for new IBCs is rumored (Announcement 5/2568) — HNWI/CFOs should register within H1/2026.

What is the Worldwide Income proposal 2025–2026?

Revenue Department draft to amend §41: remove the remittance requirement (Por 161/162) and tax Thai Residents on global income whether remitted or not, aligning with Pillar 2 GloBE. Expected Cabinet review in July 2025, effective tax year 2026. Similar to the US Citizen model. Impacts retirees keeping pensions offshore, HNWI portfolios, offshore crypto traders, and foreign rental income. Prepare a restructure 2 years ahead — consider Singapore/UAE residency, LTR Wealthy Global Citizen, and family-office structures.

How do Double Tax Agreements (DTA) with 61 countries save me tax?

DTAs prevent double taxation using Tie-Breaker Rules (permanent home → center of vital interests → habitual abode → nationality). Source country taxes first; residence country grants Foreign Tax Credit. Example: USD 60k US pension into Thailand — US withholds 0% under Art. 20 US-Thai DTA; Thailand taxes ~15% progressive; net saving ~USD 9k/yr. Requires apostilled Tax Residency Cert + Foreign Tax Payment Cert filed alongside PND.90.

How does Apostille (14 Feb 2026) affect tax filings?

Every regime uses foreign documents: Tax Residency Cert, Foreign Tax Payment Cert, bank statements, employment contracts, skill/degree certificates. Before 14 Feb 2026: Notary → State/Foreign Ministry → Thai Embassy = 4–6 weeks, THB 8k–20k/doc. After: Notary → Apostille = 5–10 days, THB 500–2k/doc. Effect: file Foreign Tax Credit in time for the March deadline, cut LTR/BOI/IBC applications by 40–60%, and speed WHT refunds by 2 months.

Do foreigners pay Social Security (SSO) and Withholding Tax (WHT)?

SSO is mandatory for any employee on a Thai payroll (WP-1, BOI, Smart, LTR) — 5% deducted, capped at THB 750/month; employer matches. Provides healthcare and pension; refundable on departure per the 6-country totalization agreements. WHT is deducted at source: salary ~5%, freelance 3%, dividends 10%, interest 15%, royalties 15%, rent 5%. Non-Residents face a 15% Final WHT on passive income — no PND filing required.

What does NYC Legal charge for expat PIT services?

5 tiers: (1) Tax Residency Assessment — THB 5k–15k; (2) PND.90/91 filing with Foreign Tax Credit — THB 15k–45k/yr; (3) LTR/BOI/IBC application + tax endorsement — THB 55k–250k; (4) Por 161/162 compliance audit (pre-2024 proof + wire trail) — THB 25k–85k; (5) Worldwide Income restructure (Singapore family office, UAE Golden Visa, LTR Wealthy Global Citizen) — THB 150k–1.5M. Casework 172 returns (2021–2025), 99% success rate. Free 30-min consult.

Let NYC Legal handle your Thailand PIT — end to end

Tax Residency Assessment, PND.90/91 e-Filing, LTR/BOI/IBC applications + tax endorsement letters, Por 161/162 compliance audits, Foreign Tax Credit via DTA (61 countries), apostilled Tax Residency Cert (14 Feb 2026), and restructures for Worldwide Income 2026 (Singapore family office · UAE Golden Visa · LTR Wealthy Global Citizen). 172 returns handled (2021–2025) with 99% success rate. Fees THB 5k–1.5M. Free 30-min consult.