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Home » Reader Submission » To the tax office in Pak Chong for tax return (reader submission)

Today I went to the tax office in Pak Chong with the annual statements from the SVB and Nationale-Nederlanden of my pension. I translated these into English myself.
Total gross income: THB 949.841.
List of exemptions:
- Single: 65.000 THB
- 65+: 190.000 THB
- Acquisition cost: 100.000 THB
- Health insurance: 65.000 THB
Total exemptions: THB 415.000.
Thai tax on 535.841 THB comes to 32.876 THB.
Wage tax payable on AOW: 1.821 euros = 63.917 THB.
The result is 63.917 – 32.876 = -30.041. That is negative, so nothing needs to be paid.
Submitted by CeesH.
CeesH, you are a lucky guy! You are lucky that the people in that office do not understand treaties and tax credit.
Our treaty does not have a tax credit so the settlement of the wage tax on your AOW is wrong. But okay, you put 32.000 baht in your pocket, you have papers that you have filed a tax return, so be happy with their ignorance... Take the copy with you next year as an example...
By the way, the 'single person' deduction is 60.000 THB, but the total is correct.
I filed my tax return last week in Dankhuntod and they did exactly the same as in Pak Chong. I also have an income of 950.000 baht and also ended up with a negative balance with the result, to pay 0,00. My annual statement (English) was only used to check how much tax I had paid in the Netherlands. My entered income was checked against my bank statement.
I have described my SVB annual statement in English as
Social security income
Dear CeesH, then you were very lucky. The civil servant who assisted you did not apply art. 23/6, let alone make a calculation. Apparently you did not either.
Based on your AOW payroll tax, your 2024 benefit will have been around ฿670K.
Your contributed income is ฿950K.
Income divided by benefits gives a divisor factor of 0,71.
According to your information, the H assessment is ฿32.876, which gives an AOW reduction of ฿23.186.
Your TH tax to be paid is then: ฿32.876 minus ฿23.186 = ฿9.689,77.
What happened in my opinion? The TRD official has mistaken your AOW for a NL state pension according to art 19/1. And then deducted the paid AOW wage tax from your TH tax amount.
That too is a miscalculation, because if that civil servant had wanted to do it right, it would have been ฿32.876 minus ฿63.917. You then arrive at an equally negative amount, namely -฿31.042.
As said: you were lucky. Nevertheless: congratulations. You have both a TIN and you have met TH PIT 2024.
Jozef, I don't think so, although you never know in Thailand. Pension 19/1 should have been left out of the declaration by the civil servant, because that pension is exclusively allocated to NL. In that case, the payroll tax is also left out of consideration.
What we saw earlier is also true here. With a contribution of 8 tons to a million and a full AOW you pay 10 k thb after reduction. And in NL you claim back the wage tax on company pension 18/1 and pension 19/2.
What I also find strange: in this blog some people have written that the Thai service wants a stamp on the annual statement. In CeesH's situation apparently not. It is a strange country!
Dear Erik, as has been established before: it is a mess. Jozef thinks that the civil servant mistook the AOW for an art19/1. You say that the civil servant should have left the whole thing out of the declaration. But then you assume that the civil servant knows the scope of articles 18-19-23. And I don't think so. That civil servant does something that we recognize as 19/1. That is also evident from Hendrik te Dankhuntod's reaction. That civil servant doesn't know any better, we do by now. How sad is that? It is striking that both you and Jozef use the term "you were lucky".
The incident reminds me of a reaction from a certain Henk to your explanation about APB state pension and that is treated according to art. 19/1. That was in the case of Gerard and the requirement for stamped SVB and APB annual statements. Henk wondered, (quote): "Am I then obliged to enter art. 23/6 in my TH return? Because as you (Erik) say: if Gerard can leave his ABP out of his return, then that is also the case with the AOW? If I leave the AOW out of the return, then I do not need 23/6 either. I do not have the impression that a civil servant understands the calculation of 23/6, while many blog readers do not."
You then answer: "Pure civil service pension as referred to in 19/1 is exclusively allocated to NL." Which is of course correct according to the letter of Thai law, but apparently not in the spirit of the civil service. It seems as if civil servants have a kind of "discretionary authority". And then, based on (a lack of) knowledge and expertise, do what they deem appropriate at that moment with that foreigner.
Although you rightly state that an AOW benefit does not belong to art 19/1, but the application of art 23/6 is at issue, you implicitly give away the hint when filing the tax return for next year. With this year's as proof. Isn't the implication that we all just enter our AOW as art 19/1?
Rijck, no! AOW is not a (state) pension and does not fall under art. 18 and not under art. 19. Benefits from security such as AOW and WIA are not mentioned in the treaty except in 23/6 where it says 'All income not mentioned in this treaty'. Reporting this as an untaxed state pension is fraud. Furthermore, it is taxed as you have transferred it.
Your declaration must be correct and how to deal with the AOW/WIA have been explained by both Lammert de Haan and myself in this blog. Search in the search field at the top left for '23 section 6' and you will find the advice. Then you file a correct declaration.
That the official then makes a mess of it and you happily keep the money in your pocket is a stroke of luck. There are also known cases in which the reduction is not provided and where that happens I advise to print out the treaty in their language and hold it under their noses.
Yes, it is a mess. That cannot happen in the Netherlands at the tax office (unfortunately other and nota bene incorrect things happened there…) because they do not work in dozens of small offices like in Thailand but in large units with specialist knowledge.
Until the new treaty is in place, the farang will have to struggle through it….
Dear Rijck, If you had read carefully you would have seen that it concerns the income brought in and my ABP was deducted from that. The Thai tax is only interested in the income brought in that they can possibly tax and then you can show the tax already paid with annual statements. I have stated my annual income to support the sender.
In every tax office here the rules are applied differently. Probably the Thai language is difficult and the text is open to multiple interpretations. The Netherlands has a tax treaty with Thailand. It states who may levy tax on what. This means that the Netherlands levies tax on all benefits and government pensions.
Company pensions transferred to Thailand are taxed in Thailand.
A good explanation can be found in understandable English in the Thai Tax Booklet 2024 2025. All deductions are also indicated there.
Last week I went to the local tax office in San Sai for tax purposes.
My income is my ABP pension, my AOW remains in the Netherlands.
The officer couldn't figure it out so he went higher up. They contacted (?) Bangkok and the answer was clear. You are a retired officer and the tax on your income is withheld by the Netherlands. In other words, you don't have to do anything.
Was not completely reassured and went back with my wife and asked again if what had been explained to me was correct. The very friendly officer went to her boss and again, you do not have to do anything because the Netherlands has already withheld the tax. My question, can I get proof that I have been here and your explanation: not necessary because everyone knows that for retired Dutch officers the tax is withheld by the Netherlands (ABP) so you do not have to worry and you do not have to take any further action.
Wim, Why not transfer the AOW (possibly partly) to Thailand and leave the ABP pension in the Netherlands? Both amounts will not differ much. For AOW it is very clear that it is taxed in the Netherlands, for ABP pension you have to demonstrate extra that it is public law if you do not want to be taxed in Thailand.
Public law ABP pension is taxed in the Netherlands, but private law ABP pension is taxed in the Netherlands.
You apparently have public law
That is not correct at all what you say. 1- You cannot look into Wim's accounts, so you do not know whether both amounts, AOW and ABP, are the same. Perhaps ABP is larger and he can live on it in TH, and he saves his AOW in NL. 2- AOW is taxable to both NL and TH. Hence the AOW reduction 23/6 regulation. NL does that by definition via payroll tax, by withholding the SVB, TH only if you declare income and say that it comes from AOW. 3- A normal company pension from ABP is taxable in TH if you declare income that you say comes from the ABP company pension. If already taxed in NL, you claim it back via a C-form.
Order 161/162 has caused quite a stir. Many people for whom nothing changed panicked and started applying for a TIN, filing a tax return on income that was not taxable and then claiming a deduction under 23/6 of the DTA, in short, there is a lot of fog.
Most things are clear to me, but I am still stuck with the AOW.
After all, Thai tax law recognizes 8 types of income that are subject to tax, 8 no more, no less.
Article 40 defines and describes these 8 types of income and, with the best will in the world, I cannot place my AOW under any of them.
So I am very curious whether someone, possibly Erik, can tell me which of the 8 applies to the AOW.
Joop S, you question the taxability of the AOW in Thailand.
Lammert de Haan wrote an article about this a few years ago in another medium than this one and he came to the conclusion that Thailand is allowed to levy tax on this. To be honest, I can't think of a reason why not because the AOW is an income provision like a national old age pension. Only the link with 'employment' to which the Thai legislation refers is missing.
The treaty refers in art 23 paragraph 6 to 'income' that is not mentioned in the treaty and that seems to me a broader concept than intended in article 40 of the Thai legislation. In the Netherlands there have been repeated attempts to deny the Netherlands the right to levy tax on the AOW when living in Thailand because the AOW (and the WIA) are not mentioned in the treaty. They were repeatedly turned down by the Court. I have not yet read any discussion in the media about taxability in Thailand.
It is an interesting question that I would like to see resolved before the new treaty comes into effect; I certainly expect a paragraph on these types of benefits in the new treaty. I will do some searching.
Order 161/162 has only brought about that as of 1 January of this year, income transferred from outside to inside TH has been made subject to return. Due to the transition from one regime to the other, money is exempt from this until 31 December 2023. What Erik Kuipers explains in his many contributions regarding Articles 18, 19 and 23 was also discussed previously. So that is not new. But those who are only filing their tax return for the first time this year are now faced with it in order to try to keep their taxable income as small as possible. Keeping that as small as possible is not strange to a Dutch person! I do too.
According to Thai Tax Law https://www.rd.go.th/english/37748.html applies according to article 40 paragraph 1 an AOW benefit is a benefit. Nothing more and nothing less. Without any added status. Everyone who lives in the Netherlands receives 2% of that benefit per year, calculated from the 50th year before the relevant benefit date of that person is reached. There are no further conditions attached to an AOW benefit as a benefit. Every slob from wherever in the world, and every billionaire now living in Manhattan, receives that 2% and for every year that he has lived (or has lived) in the Netherlands. It is simply a benefit.
https://tax-ez.info/Revenue/View/DogZ1tTe/ (Translate to Dutch via right click.)
AOW is therefore only a normal source of income for Thai legislation, which, once transferred to TH, becomes the subject of the second part of the sentence that forms Art 23, paragraph 6. That article regulates the reduction/diminishment of a number of sources of income, plus: “all components of income not mentioned in this Agreement, which according to Thai (!) tax legislation originate from the Netherlands.”
See here your AOW income transferred from NL to TH, and according to Thai Tax Law indicated as “foreign sourced income”. And order 161/162 says: declare that money!
Joop S,
I think that the Dutch AOW is comparable in this sense to the old age benefit that every Thai, poor or filthy rich, is entitled to. This was from 60 years: ฿600; 70: ฿700; 80: ฿800; 90: ฿1000. Recently 60 years: ฿700; 70: ฿850; 80: ฿1000; 90: ฿1250.
What is the attitude of the Revenue Department towards this income? Where do they classify this income?
Theo, an SSO benefit is “Thai-sourced income”. The benefit that a 90-year-old Thai receives is 12 x ฿1250, which is ฿15.000 annually. At ฿120.000, that person only has to worry about filing a tax return, but because of age, a discount of ฿190.000 already applies, a personal discount of ฿60.000 and a general discount of ฿100.000. And then there is a tax-free threshold of ฿150.000.
This type of income is not classified anywhere, it is not even looked at.
Dear Rijck,
See the extensive answer by Joop S. Strictly speaking, it is not “Thai-sourced income”, because, just like for the AOW, you do not have to have worked a day for it.
I know it's peanuts, but it's still income that should be added to other income if it falls under "Thai-sourced income". But apparently the Thai old age pension is exempt from tax according to article 42 point 25 of the Thai tax law.
https://www.samuiforsale.com/law-texts/the-thailand-revenue-code.html#6
Response to some comments
Erik: Unfortunately, Lammert is no longer with us and to enter into a discussion with him posthumously does not seem very nice to me, which is why I also directed the question to you.
You seem to say that the AOW falls under 40/1, which I don't think is tenable. 40/1 concerns all income related to paid work. You also get AOW if you have never worked, there is absolutely no link with paid work.
“(1) Income derived from employment, whether in the form of salary, wage, per diem, bonus, bounty, gratuity, pension, house rent allowance, monetary value of rent-free residence provided by an employer, payment of debt liability of an employee made by an employer, or any money, property or benefit derived from employment.
Jozef: No one will deny that the AOW is a benefit, but the way in which it is dealt with creates differences.
Once again, 40/1 concerns income related to paid employment and the AOW has no place here, see the above article of the law.
TheoB: In Thailand, social security (ประกันสังคม) is placed with the SSO benefit organization comparable to our UWV. They manage the “Social Security Fund” that is filled by employees, employers and the government and from which, among other things, old age benefits, disability payments during pregnancy, etc. are paid.
The benefits from this fund are exempt from tax, see Article 42, point 25 of the Tax Act.
Therefore, it does not seem far-fetched to me to assume that the AOW can count on equal treatment and the information shown in an earlier thread by tax lawyers Jongbloed seems to confirm this.
Finally the question asked to Chat GPT and DeepSeek, especially deepseek gave extensive answer, too long to show here so only my questions and the deepseek conclusion, chat gpt gave a similar answer.
I:
Thai tax law article 40 names 8 sorts of income that are taxable, under which one resorts foreign social security payment?
Conclusion: Foreign social security payments are taxable under Category 1 (Employment Income) under Thai Revenue Code Section 40.
I:
think you are wrong, social security have nothing to do with former employment, example Dutch AOW you get if you lived in the netherlands even if you never worked a single day in your life
Conclusion:
Your example of the Dutch AOW shows that not all foreign social security payments fit neatly into Category 1. The proper classification depends on the pension's legal structure and source. Residency-based pensions like AOW may fall under Category 8 or require treaty-based analysis. Thank you for highlighting this critical distinction!
I:
Wrong again Category 8 does not concern other income but other activities generating income
Conclusion
You're right—Category 8 is strictly for income from activities, not passive or residency-based income like the Dutch AOW. Thai tax law lacks explicit guidance here, creating uncertainty. Pragmatically:
• If pressed by authorities, argue that AOW falls outside Section 40 categories and is therefore not taxable.
• Tax treaties (eg, Thailand-Netherlands DTA) may override domestic ambiguity, exempting the pension from Thai taxation.
Dear Joop, you keep editing the sources you consult until you are proven right. Doesn't seem plausible to me. You also get stuck too much in 40/1. Lammert de Haan already referred at the time that in the absence of a residual article 23/6 is relevant. I would like to point you to the 2nd part of the sentence again.
Joop S, it is clear to me that AOW does not fall under 40/1; there is no link with employment. Should you then see art. 40/3 as a coat rack article? I have my doubts.
Now to the exemptions. Art 42/25 says: Compensatory benefit received by the taxpayer from the social security fund under the law governing social security. 'Compensatory benefit', compensation, indemnity, allowance and more. Does that include the AOW which was created as an old age provision? I think that this 42/25 does not cover the load.
The treaty, which should prevail over Thai national law, is also not 100% clear. Art 23/6: and in respect of all items of income not mentioned in this Agreement, which according to Thai tax law originate from the Netherlands.
Well, what now? Who knows? I think only the Thai tax authorities can answer this. There are two ways: ask by letter, or leave the AOW outside the declaration and ask the local official.
Erik, I find your reasoning a bit far-fetched, but we each look at it from our own position, so there is not much more to say about it.
About 23/6 the following: this article gives discounts on the tax of the income mentioned in point 4, but Thailand does not levy on the AOW, there is nothing for the AOW to give a discount on. In good Dutch "23/6 never comes in play" eh and yes I am a golfer.
I am not in the habit of getting involved in internet discussions, too much noise, but your contributions are usually useful to read, wish you the best
Joop S, that's a shame! I wanted to start a tree but it stops here.
Okay, I'll keep looking, ask colleagues, and hope to find the right answer, whatever it may look like.
Thanks for this extensive answer Joop S.
My preliminary conclusion:
Following the spirit of Thai law, the AOW (and all other non-work-related benefits) should therefore not be taxed in Thailand.
However, since international treaties take precedence over national legislation and these benefits are apparently not specifically mentioned in the tax treaty between NL and TH, these benefits fall under Article 23 (point 6) of the treaty.
Exactly. And that is exactly what the late Lammert de Haan and Erik Kuipers keep saying, and on which the one concerning Jozef bases his reasoning. Hehe, we're here!
I have not encountered panic, but frustration. Because of the lack of clarity, so to speak. But I think that many retired compatriots are picking their own quiff. Because what is going on? If the new TH-NL tax treaty comes into effect in 2027, all payroll tax will be for NL. Let's calculate all that with 2025 and 2027 in mind.
To start with: the 2024 tax rate for pensioners in TH was: 9,3%. and in 2024 we had an average € rate of ฿38.
Case: A married retiree has
1- a gross AOW benefit of € 12.600. Including holiday pay.
2- His gross company pension is €15.000. This includes holiday pay.
3- His payroll tax is €2.567.
4- He has a net profit of €25.033.
In the year 2025: the pensioner in question in the Netherlands will receive a refund of the payroll tax on his company pension via the tax C form: € 1395. The AOW payroll tax of € 1.172 will be maintained.
The net amount he can spend is: €25.033 plus €1.395 is €26.428.
Those euros go to TH and become ฿1.004.272.
He pays around ฿ 10.000 in TH tax, after deducting the AOW reduction.
In TH he thus obtains a net disposable income of: ฿ 994.272.
In short: the company pension has been made tax-free in the Netherlands, but it has been declared in accordance with the legal standard in TH with the TRD in accordance with the tax treaty, and the AOW payroll tax has been reduced.
It will turn out to be an absolute gain compared to the expected events in 2027. Because:
In the year 2027, calculated using the same percentages, the married pensioner will have €25.033 net left from his AOW benefit plus company pension in the Netherlands after payroll tax.
Those euros go to TH and become ฿ 951.262. TH will no longer charge taxes on them.
A loss compared to 2025 of ฿ 43.010 or € 1.132.