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Home » Reader question » Do I have to pay tax in Belgium for my property in Thailand?
Dear readers,
With my tax return assessment year 2022 (Belgium), I received a pop-up that I must declare my foreign accounts and my foreign property for cadastral income calculation.
- I have NO property at all, neither in Thailand nor in Belgium.
- if I were to own a property in Thailand at all (which is technically not possible because as a foreigner you cannot own a house anyway), do you also have to pay tax on it in the Belgian tax haven?
Regards,
Freddy
Editors: Do you have a question for the readers of Thailandblog? Use it contact form..
yes, you have to declare foreign accounts and foreign properties, and you will then be taxed on them (like on Cadastral Income on properties in BE or - even worse - on theoretical rental income). I had a villa in Hua Hin (property and land leasehold, sold in 2020 due to the covid-19 barriers) and also a Bangkok Bank account. Never stated. They don't think so (outside the EU) and I think taxes on those two things are unjustified because "complicated", the tax authorities do not understand your costs in TH anyway and will therefore not adopt a flexible attitude and tax you on theoretical rental income from your villa (or condo) and do not take into account rental costs. So conclusion: do not report to the tax authorities.
Koen, you advise Freddy two things that conflict with each other. 'Yes, you have to give up' … and then 'No, don't give up'. What's the real answer now?
If it is obligatory to declare this and you do not do so, it is called fraud and I assume that Belgian legislation takes measures against this. If Freddy gets caught, will you be ready with the wallet?
Incidentally, countries are exchanging more and more information, also outside the EU.
so: “yes, you have to give it up legally” and “no, you better not do it”. Specifying a foreign account has been mandatory for years, foreign real estate since AJ2022. If you don't, that's fraud. And no, I don't pay the fines.
In BE you must also declare your movable income, so eg dividends, where 30% is withheld at source. You may then pay additional municipal taxes in your assessment notice, usually 7% or 8%. No Belgian does that effectively. And no, I don't pay those "fraudsters" either.
There is no exchange of real estate data with non-EU countries. However, there are private companies that -sometimes successfully- look for properties in Turkey or Morocco belonging to those fraudulent foreigners who illegally rent cheap social housing in BE.
And, believe it or not, there are even Belgians who have jobs done “in the black” without paying VAT! Finally, there are also Belgians who buy a house with an amount “in the black” to evade some registration fees.
Belgians are the highest taxed citizens in the OECD (and therefore worldwide) and therefore often commit fraud. For example, my salary is taxed at roughly 60% (RSZ 13,07%, withholding tax 50%) and with the surplus I then pay for goods with 21% VAT, or 70% excise duties (petrol, cigarettes when I was still a smoker). and part of the manufacturer's profit tax.
It is clear that you are not a Belgian who owns a property in Thailand 🙂
For the umpteenth time: you are allowed to own a house in Thailand, but not the land
Hi Freddy,
You probably do have “properties” in Thailand. With a property you should not only think of immovable property, such as a house or land, but also of a Thai bank account.
Then you wonder, if you do own a house in Thailand and what you can do very well as a foreigner, whether you have to pay income or capital tax on it in Belgium.
There is only one answer to that and that is: NO.
As in almost all tax treaties, the Treaty for the avoidance of double taxation (hereinafter: the Treaty) concluded by Belgium and Thailand on 16 October 1978 is also based on the so-called situs principle.
This principle means that only the country in which the immovable property is located is authorized to levy tax on it.
Just read what the Treaty stipulates in this regard:
“Article 6 Income from real estate
1. Income from immovable property, including income from agriculture or forestry, may be taxed in the Contracting State in which such property is situated.
2. The term “immovable property” has the meaning assigned to it by the law of the Contracting State in which the property in question is situated. The term shall in any event include property appertaining to immovable property, livestock and dead property of agricultural and forestry enterprises, rights governed by the provisions of private law relating to landed property, usufructs of immovable property and rights to variable or fixed indemnities with regard to the exploitation, or the right to exploit mineral deposits, springs and other soil resources; ships and aircraft are not considered immovable property.”
See also:
“Article 13 Capital Gains
1. Gains from the alienation of immovable property, as defined in paragraph 6 of Article 2, shall be taxable in the Contracting State in which such property is situated.”
Then what about ownership/possession of a Thai bank account and the income derived from it in the form of interest?
Only Thailand is also allowed to levy on this and does so in the form of a withholding tax of 15%.
See:
“Article 11 Interest
1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.”
In other words: Belgium does not accrue any levying rights in respect of a Belgian living in Thailand with regard to his real estate located in Thailand and his Thai bank account. This is fully in line with the OECD model treaty.
For the Treaty concluded between Belgium and Thailand, see:
http://www.senate.be/lexdocs/S0611/S06111683.pdf
Lammert de Haan, tax specialist (specialized in international tax law and social insurance).
Lammert, here comes the question of where Freddy actually lives. I think he lives in his home country, so in BE. Unfortunately, he doesn't say that in his question. If he lives in BE, the interest is taxable in BE, if I read that correctly.
Dear,
Despite what you claim, and I would like to believe you, I still have to pay taxes on my house in Thailand.
They say that it is tax on second residence and that this is allowed and possible. Would like to use that 800 euros for something else….
Janin, from your response I assume that you live in Belgium. After all, you are talking about a second home. But even then, Belgium is not allowed to levy taxes on your second home in Thailand. Not the Belgian national legislation, but the Treaty concluded by Belgium with Thailand, as a rule of international law and therefore of a higher order than national legislation, is decisive. In doing so, this Convention is based on the situs principle, involving a source state tax. To that end, see Articles 6 and 13, which I have quoted, and Article 22(1) of the Convention, which read as follows:
“Article 22 Power
1. Capital represented by immovable property as defined in paragraph 6 of Article 2 shall be taxable in the Contracting State in which such property is situated.”
Dear Lambert,
Thank you for this surprising clarification.
in other words, you can't get into trouble at all by giving up your home ownership and bank account.
What about if you had a small business here, and bought the house with the income, or have a large amount in that bank account?
in other words, they won't ask where that money comes from?
mvg
As always, Mr Lammert De Haan's answer is the correct answer.
Unfortunately, the questioner does not indicate whether or not he has been deregistered in Belgium. If he has been deregistered, he must fill in a tax return as 'Belgian not living in Belgium. This declaration does not even contain the section: 'foreign accounts'.
Dear tax specialist, your conclusion "no" has been wrong since AJ2022 or should at least be nuanced.
See the website of the Belgian tax authorities:https://financien.belgium.be/nl/particulieren/woning/onroerende_inkomsten/onroerende-goederen-buitenland#q3
A summary:
1. Is your home located in one of the following countries?
Germany
France
Italy
Luxembourg
Spain
Yes: Your real estate income is exempt in Belgium (and taxable in the country where the property is located).
Although this income is exempt in Belgium, it will be taken into account for the calculation of the tax due on your other Belgian income.
No: see next point
2. Is there an 'agreement to avoid double taxation'(link is external) between Belgium and the country where your home is located?
Yes: see next point
No: Your real estate income abroad is taxed in Belgium. In Belgium, however, a tax reduction of 50% applies to this income. You may also pay tax in the country where the property is located.
3. If there is an agreement: are the real estate income exempt under that agreement in Belgium subject to progression?
Yes: Your real estate income is exempt in Belgium. Although this income is exempt in Belgium, it will be taken into account for the calculation of the tax due on your other Belgian income.
No: Your real estate income abroad is taxed in Belgium. In Belgium, however, a tax reduction of 50% applies to this income.
Koen, read what you write yourself under point 3. It shows that my conclusion regarding real estate is correct. In addition, with AJ2022, the Treaty concluded by Belgium with Thailand has not been amended, while a Treaty, as a regulation of international law, takes precedence over national law.
Is there therefore no obligation to declare a second home located in Thailand?
Yes, there is a declaration obligation, but not because Belgium is allowed to levy tax on this property, but as a result of the progression reservation included in the Treaty. This progression reservation goes considerably further than what is customary and also covers income that is exempt in Belgium, such as due to an immovable property located in (in this case) Thailand.
See on this point Article 23(1) of the Convention and read as follows:
“Article 23 Exemption and settlement methods
1. In Belgium, double taxation is avoided in the following way:
a) If a resident of Belgium receives income which is taxable in Thailand under the provisions of the Agreement and to which the provisions of subparagraphs b), c), and d) below do not apply, or owns assets which are taxable under the provisions of are taxable in Thailand under the Agreement, Belgium shall exempt such income or assets from taxation. However, in calculating the amount of tax on the remaining income or capital of that resident, Belgium may apply the tax rate that would have been applicable if such income or capital had not been exempt.”
Thanks for your response, yes, I should have mentioned that I live and work in Belgium; next year probably on retirement and then I leave that tax haven..
Freddy, even then a possible (second) home is not taxed in Belgium. However, this is different with regard to a possible bank balance in Thailand. However, I don't expect the latter to be the case.
With regard to a duty to declare in Belgium, see what I wrote in response to some responses to the progression reservation included in the Treaty (Article 23 of the Treaty).
Dear Lambert,
may I get an answer to my previous question please, I would like to mention that I did the business and house purchase while I was deregistered in Belgium (2008-2019) registered again in Bel since 2019, no bussiness no work in Thaland more, but so bank account and house.
mvg
Christian
Christian, I couldn't do anything with your first question. What can I do with “if you had a small business HERE” and “have a large amount in THAT bank account”.
And what should I do with the remark: "you can't get into trouble at all by giving up your home ownership and bank account."
The latter made me suspect that you have not yet filed a declaration in Belgium regarding a (possible) house and (possible) bank account in Thailand, while you now live in Belgium again and have now come to the conclusion that you can do this without you can still declare excessive financial consequences (“problem-free”) in Belgium.
You confirm this suspicion with your second message. So far you are committing tax fraud.
Subsequently, you cannot expect a self-respecting tax specialist to advise you on this. At most I can say: don't do that and stop doing it (regardless of the consequences)!
For clarity:
• If you live in Belgium, you must also indicate your foreign bank account.
• This also applies to a second home in Thailand and not to pay tax on it in Belgium, but to include it in the calculation of the tax due in Belgium on your other income (the progression reservation, which I wrote about earlier).
I assume that with a verifiable administration and with tax returns in Thailand due to your business activities there you can demonstrate the origin of your assets.
If not, you can certainly get into trouble, in the context of combating money laundering practices.
Incidentally, I note that such a matter does not really lend itself to being dealt with in a public forum!
Dear Lammert, what you write may be theoretically correct, but the practice may differ.
Like Erik, I think you should declare your properties and bank accounts to the Belgian tax authorities even if you shouldn't have to pay taxes on them. If you don't, you're committing fraud and if the taxes found out (maybe never) they might wonder why you don't. Maybe he works in Thailand (you can work in Thailand with a Thai marriage visa). As a pensioner you are allowed to work, but above a certain amount you also have to pay taxes.
With regard to the withholding tax on bank interest. You can easily reclaim this from the local tax authorities. You just have to apply for a tax identification number and you will be refunded up to the last setang, so you do not pay any withholding tax.
By the way, not all banks charge withholding tax.
Jean, it's about where the questioner lives. Lammert's advice concerns the position AFTER emigration. Lung Addie also qualifies it in that sense and from his response I conclude that the questioner lives in Belgium.
Finally, as a pensioner you are not allowed to just go to work in Thailand. Questions have been asked about this before in this blog, even this week about keeping animals.
Erik, that kite does not apply to an immovable property located in Thailand, such as a (second) home. Even if you live in Belgium, this case is still exempt from taxation in Belgium. See the provisions of situation/source state tax in the Convention (Articles 6, 13 and 22).
Jean, I am not writing that you should not declare it in Belgium, but “declare” and “have to pay tax” are two different things.
Yes, there is a duty to declare, but that is related to the progression reservation included in the Treaty. See what I wrote about that in my response to Koen.
Piece of txt from attachment of finances to fill in tax return !!!
DECLARED BELGIANS HAVE A SLIGHTLY DIFFERENT TAX STATUS IN REGARD TO THE DECLARATION
copy paste of conscious txt
“Attention: If you are a non-resident (i.e. you are submitting a non-resident declaration in Belgium),
you are not bound by the obligation to communicate your foreign accounts to the
central point of contact."
That's right, Mike Jordan,
When living in Thailand, for example, Thailand may levy interest income/interest on the basis of Article 11 of the Treaty concluded by Belgium (or the Netherlands) with Thailand for the avoidance of double taxation and does so in the form of a withholding tax of 15% (for individuals).
Keep this in mind when filing a Personal Income Tax (PIT) return. If, due to the many exemptions, deductions, reductions and the first bracket of the PIT of 0%, you are unable to pay tax in Thailand, you should still submit a declaration model PND,91. You also enter your interest income therein and at question 13 of the declaration form (Withholding Tax) you enter the withholding tax of 15% and you will receive this withholding tax back on assessment. This also applies if you do owe PIT, up to and including the 3rd bracket of 10%.
Paying taxes is fun but not having to pay taxes is even more fun and all of that legally!
By the way, I don't deal with illegal things.
The Thai Revenue Department has also come up with a slogan for this, namely:
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