On 20 November 2023, the Thai Revenue Department issued new guidelines intended to further assist tax officers in assessing the personal income tax implications of foreign-sourced income brought into Thailand by Thai tax residents.
New Departmental Instruction No. Por 162/2566 (“DI No. 162/2566”) further clarifies the enforcement of Section 41 Paragraph 2 of the Thai Revenue Code, based on the interpretation provided in Departmental Instruction No. Por 161/2566 (“DI No. 161/2566”).1 Previously, DI No. 161/2566 was issued to provide interpretation of Section 41 Paragraph 2 that any foreign-sourced income brought into Thailand from 1 January 2024 onwards will be subject to Thai personal income tax, regardless of the tax year in which the income was derived.2 (See GMS Flash Alert 2023-189, 10 October 2023.)
The guidance in DI No. 162/2566 was issued to clarify that the interpretation provided in Clause 1 of DI No. 161/2566 should not apply to foreign-sourced income derived before 1 January 2024.3