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ResourcesFamily LawPrenuptial and Premarital AgreementsTax Provisions In Thai-American Prenuptial Agreements

Tax Provisions In Thai-American Prenuptial Agreements

Transcript of the above video:

As the title of this video suggests, we are discussing prenuptial agreements in Thailand and specifically we are discussing Tax Matters associated therewith. So what are we talking about here specifically?

Well as much as people don't really think about it, future tax filings may be something you want mentioned in the terms of a prenuptial agreement especially if you are an American. What am I talking about here? Well depending on the posture of your particular situation, your holdings, your possible accessible tax liability etc., it may or may not behoove you as an American to reserve certain rights as to how you file your own tax return in the provisions of the prenup itself. So what am I talking about?

Well what I mean to say is if you are an American for example, you are marrying in this case let's call it a Thai national, you are looking to do a prenup and you want to preserve as much flexibility, at least operational flexibility, as you can have with regard to future possible tax filings. And what are we talking about? Well most notably, and a perfect example of this is the decision to file married, filing jointly or married, filing separately. And for the American person that is in a Thai-American relationship, in a Thai-American marriage, this can have a great deal of impact on one's accessible tax liability, the difference between filing as a single person, well married, filing separately or married, filing jointly. So again this can have a major impact on one's future state of being if you will with regard to their tax liability and it is probably something you are going to want to have mentioned in any sort of Thai-English sort of prenup that is going to be associated with any sort of marriage. Now again, this is just one component. There is a ton of stuff that goes into prenups.

I have got to be honest with you, we get a lot of contact about prenups and I think people have a wildly skewed perspective on how prenups work, especially lay people. They will contact us and say "well I want to do this, that and the other thing", and prenups cannot do that. This is one of those things that I think people don't think about that they should when thinking about prenups is having some sort of provision regarding the posture of any future tax filings during the marriage.