Buying A Condominium Apartment In Thailand And Transfer Taxes And Fees

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Buying real estate in Thailand
Thailand condominium acquisition and conveyance costs, tax and fees
When ownership of a condominium apartment is transferred taxes and fees are collected at the time of transfer by the provincial branch or local land offices in Thailand where the transfer of ownership takes place. Transfer of ownership of a condominium unit in Thailand is subject to the following government fees and taxes:

1- transfer fee at the rate of 2% on the government assessed value
2- stamp duty at 0.5% over the appraised or actual sale price whichever is higher, except in cases where the seller is subject to a specific business tax
3- specific business tax at a rate of 3,3 % over the government appraised value of the condominium or actual sale price, whichever is higher
4- income withholding tax with a different calculation depending if the seller is a company or natural person

Basically 3 different situations exist for the buyer of a condo in Thailand: 1- the purchase of a condo in a new condominium development project registered and licensed under the Thailand Condominium Act, or 2- the purchase of a resale apartment unit from another individual or 3- the purchase resale condominium owned by a juristic person.
When buying from a developer the amount of transfer fees and taxes is limited for the buyer as the developer is by consumer protection laws responsible for all transfer fees and taxes, except he may ask the customer and purchaser of a condo unit to pay up to half of the transfer fees only. Say the appraised value of the condo is 3 million baht the developer may not charge the buyer more than 30,000 baht for the transfer fees as part of the total government transfer fees and taxes for the transfer of ownership registration.
When buying a resale condo from another individual the situation is more complex as there is no fixed rule in the law on how the transfer costs and fees are to be divided between the buyer and the seller. Basically in a private resale of a condo in Thailand this can vary from buyer pays all to seller pays all. How to divide the transfer fees, taxes and costs is simply part of the overall price negotiation between the buyer and seller and it is recommended to clearly include this in the sale and purchase agreement between the buyer and the seller of the condo unit.

Sample calculation

The sample is based on a resale condo with a value of 3,000,000 baht with an ownership of 2 years and 6 months. Note, in the sample calculation we assume an equal sale price and government appraised value. In practice the appraised value is often pretty much lower than the sale value and therefore this calculation must only be seen as a sample.
There is a deduction based on the years of ownership as follows: 1 years = 92% of the appraised value, 2 years = 84%, 3 years = 77%, 4 years = 71%, 5 years = 65 %, 6 years = 60%, 7 years = 55%, 8 years or more = 50%. In this sample calculation the deduction is based on 3 years (2 years and 6 months is 3 tax years) of ownership which comes to a deduction of = 77% x 3,000,000 baht = 2,310,000 baht.
In the sample calcultation personal income withholding tax will be based on 230,000 baht in each year of ownership (i.e. 3,000,000 baht less the deduction divided by 3 (the number of years of ownership).
Income tax rates in Thailand are for income less than 100,000 baht are set at a 5% rate, between 100,000 and 500,000 baht the rate is 10%, between 500,000 and 1,000,000 baht the rate is 20%, between 1,000,000 and 4,000,000 baht the rate is 30%, and over more than 4,000,000 it is 37%. In this cases there is a yearly income tax of 18,000 baht (5% over 100,000 baht and 10% over 130,000 baht). The income withholding tax in the sample situation, to be paid for the transfer of ownership at the time of transfer, is 54,000 baht (based on 3 (tax-) years ownership).
As the condo is owned by the current owner for less than 5 years specific business tax is charged at a rate of 3% plus a municipal tax of 10% over the amount of the specific business tax making this a total tax of 99,000 baht (3.3% x 3,000,000). Note that specific business tax is applied over the selling price or gov appraised value whichever is higher if the property is held less than 5 years. The government transfer fee is 2% over 3,000,000 baht making it another 60,000 baht.

The total amount to be paid at the land office upon transfer of the condo is approx 213,000 baht.
When buying a resale condominium owned by a juristic person the withholding tax is fixed at 1% over the appraised or registered value, whichever is higher, as opposed to personal income tax shall which calculated at progressive rate with a deduction depending on the number of years of possession based on the appraised value of the unit.
Thailand has clear and enforced foreign real estate and condominium ownership restrictions laid down in the law of which foreigners should be aware. Before getting involved with real estate in Thailand read samuiforsale first.

Buying A Leasehold Condominium In Thailand

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Foreigners may under the Condominium Act own up to 49% of the units (in floor space) in a condominium complex in Thailand. The remaining 51% of the units must be owned by Thai nationals.

In the Thailand resort areas such as Phuket and Pattaya condo developments and sales are primarily aimed at foreigners. The 49% freehold units in a condo project are the first units to sell, but the remaining 51% units in the Thai side of the condominium are tough to sell. There is no interest from Thai nationals in these tourist resort condos and the remaining condo are often sold under a leasehold to foreigners. In the end part of the condominium will be owned freehold and leasehold by foreigners.

Buying a leasehold condo in Thailand

Whether you buy a condo leasehold or freehold the purchase price remains the same and foreigners often buy leasehold condominiums in Thailand because the leasehold contracts suggest more rights for the leasehold purchaser than is guaranteed and possible under Thai law. Foreigners often do not understand the concept of lease in Thailand.

What is leasehold in Thailand

What a foreigner pays for when he is buys a leasehold condominium is actually rental for up to 30 years. The leasehold contract is and must be read as a rental contract and is governed by the section hire of property in the Civil and Commercial Code. The foreign leasehold purchaser of a condo enters into a tenant-landlord or hirer- lessor relationship, often with the developer of the condominium as the landlord.

As a rental contract the foreigner must consider the following under Thai law:

Voting rights in the condominium juristic person associated with ownership remain with the owner of the unit and not with the leasehold purchaser. If a large part of the condominium is sold under lease contracts the developer of the condo will have a large part of the voting right and control in matters like condo management. Considering that most condos are managed by the developer’s management company common complaints relate to high maintenance and management fees. The selling of leasehold condos disturbs the democratic voting right system in a condominium.

Selling a leasehold condo down the road

As leasehold is a rental, and by law the leasehold purchaser does not have any rights or authority to sell or assign the leased condo. The buyer of a leasehold condo is a tenant and only has the exclusive right of possession of the condo for the term in the lease agreement. The only person with the right to sell the condo is the registered owner and assignment of the lease can only be done by the landlord/owner.

Sub-rent of the condo
A leasehold owner is only allowed to sub-rent the condo if this is agreed in the condominium lease contract. Otherwise the law stipulate that sub-rent is not allowed.

Inheritance of a condo in Thailand

Even though the Thailand Condominium Act in section 19 does not automatically qualify the heirs of a freehold owner for registration of ownership, freehold owners can pass on a condominium by inheritance to another foreigner.

A leasehold of a condominium is a rental and based on Supreme Court ruling this type of contract is terminated upon death of the tenant/ lessee party of the agreement. The lessee or tenant is an essential element of the agreement and under contract law this type of contract is terminated upon death of the lessee. The remaining term of the lease agreement will not pass on to the heirs of the condo. The lease agreement could include a succession clause however this does not offer any guarantee that the remaining lease term is also registered by the owner in the names of the heirs.

Transfer of ownership of the condominium does not break rent under Thai law, death of the lessee does!

Renewal options in the contract

Most foreigners who buy a leasehold condo are mislead by the term of the lease contract created by renewal options. Under present Thai law the renewal option is nothing more than a promise to renew the lease upon expiration of the first registered term after 30 year. Such a promise to renew has only effect between the parties to the contract. Should the lessee die or should the owner die or transfer ownership this contract option is lost. As confirmed by Supreme Court rulings a renewal option has no effect against third parties and do not transfer by law to any transferee owner.

Right to transfer to freehold

Like the renewal option this is a contract right between the parties only. It could be impossible or difficult to enforce. It is not a guaranteed right or option.

Term of the condominium lease contract

Any lease agreement in Thailand cannot exceed 30 years. Any longer term will be reduced to 30 years. The 30 year lease is not a fixed asset, it is a rental contract. As a contract it can be terminated prior to the expiration of the 30 year term, for example breach of contract by the tenant lessee or death of the lessee.

Taxes

As opposed to freehold condos rental or leasehold condos are subject to a rental tax of 12.5% over the actual yearly lease price or annual assessed lease price. This is often passed on in the lease contract to the leasehold buyer.

Before entering into a leasehold purchase of a condominium foreigners should consider the rights associated with lease in Thailand. Some matters can be anticipated if properly included in the contract, some rights included in the contract are not guaranteed and the relation with the owner remains a tenant/ landlord relationship.

Progress In Preparing The Draft Condominium Statute

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Progress in preparing the draft regulations under the Thailand Condominium Act amended in 2009 with the purchase and sale agreement is almost completed and will be presented to the meeting of the Council of Ministers (Cabinet) in August 2011. The essence of the contract will be to declare the act as another measure to protect consumers, which requires that any project or condominium units which will be open to the public for sale must be certified or approved by the Environment Impact Assessment Committee (EIA) and must have a valid license for construction.

The framework of this contract will provide fairness for the buyer. Many previous condominium projects were sold or booked but without passing the EIA assessment first which meant that there were many legal cases being brought against developers.

The legislation drafting committee has now approved Condominium Act law. Preliminary determination of the initial height from three stories up and the height of the building will be based on the building control act which regulates the rules or details already. Room sizes, for example, must have a minimum usage area of 20 square meters and a bathroom included. However, the editing of the various definitions will take a year to complete and make enforceable.

The new combined Bangkok city plans to include FAR (Floor Area Ratio) for land use along the metro system includes both open-for-business and under-construction projects and investment projects in the planning stages.

According to the combined Bangkok city plan which is considering updating and prepare to announced a new city plan enacted for 2012. By taking lessons and shortcomings of the previous land use plan for revision as well as the growth rate of both residential and commercial development including the number of people using the area as a key element in determining the future layout of urban development.

The consideration of the new Bangkok city plan will increase the use of land along the entire metro route which is currently in service and currently under construction according to master plan and investment plan.

This is because the demand for land along metro lines is high from both investors interested in investing in all types of commercial ventures including shopping centers and low-rise housing and high-rise housing especially in the inner city and central areas and the demand of living near working areas and shopping centers. The city of Bangkok will increase the FAR ratio or total building area per land area to be able to construct more on the same piece of land as 1-2 times.

Apart from that, areas in Bangkok inner city and Bangkok middle areas that have the overhead train can be able to develop more high-rises with land high prices and are likely to be considered worth the investment of further rail systems including Bangkoks outer areas stations.

However, BMA has planned to raise the ceiling of a maximum FAR10: 1 to FAR 15:1 especially in some of the red zone area such as some part of Silom will also increase In descending order according to their suitability and land use. increasing the FAR to 11:1, FAR 12:1, FAR 13:1, FAR 14:1 and FAR15: 1. However, it must depend on the city planning committee for approval.

Buying A Condominium In Thailand Legal Start

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A condominium is an apartment building in Thailand is a multi unit building registered under the Thailand Condominium Act in which each unit is owned separately by the people living in it, but also containing shared common areas. Condos in Thailand are regulated in the Condominium Acts and registered with the Thailand Land Department. Each condominium unit has a condominium unit title deed. This document states the owner of the unit, the exact size, voting right in the condominium juristic person’s meeting and if there are any third party rights registered against the unit such as a lease or mortgage. The unit title deed is an important document officially administrated at the local land office where the condominium is located.

Foreigners are under the Thailand condominium act allowed to own condominium apartment units (condos) freehold in Thailand. There is however one restriction which aims to limit foreign freehold ownership of condos in Thailand; not more than 49% of the total floor area of all units in a condominium building combined can be foreign owned. In case of 100 equal units 49 can be foreign owned, the other 51 must be owned by Thai nationals.

The units in a condominium project exceeding the 49% foreign freehold ownership quota may be sold under a registered leasehold to foreigners. There is no restriction for foreigners renting or leasing real estate in Thailand. The contract for hire, lease or rental exceeding 3 years must be registered in the foreigner’s name on the condo unit title deed.

The main requirement under the Condominium Act for the purchase of a freehold condo by a foreigner (non resident) in Thailand is that the full purchase price for the condominium unit (which may not be less that the appraised value) for the condo unit must have been remitted into Thailand in foreign currency (see current exchange rates Bank of Thailand). The handling bank in Thailand must transfer the amount of foreign currency into Thai baht and will issue a Foreign Exchange Transaction form for amount exceeding 20,000 USD or for lesser amounts a credit note and confirmation letter of the transferred amounts on request. Without proof of remittance of the full purchase price into Thailand in foreign currency the land department cannot register ownership in the foreigner’s name.

Foreign Condominium Ownership In Thailand And Sale-able Floor Area

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Foreigners are not allowed to own land in Thailand in their own name but foreigners are allowed to own and buy condos in Thailand freehold in their own name. Buying a condominium in Thailand is a popular real estate investment for foreigners but foreign ownership is limited to a quota. Foreign ownership in a condominium or condominium development project is limited to 49% of the sale-able total floor area within that condominium. The remaining 51% of the floor area in the condominium must be owned by Thais.

An important aspect of a condominium purchase is the fact that the unit falls within the 49% foreign ownership quota within such condominium.

With sale-able floor area is referred to the floor area of the condo, and not the common areas within a condominium. The floor area of a condominium unit is stated in the condominium unit title deed, which again relates to the voting rights in the condominium juristic person and co-ownership in the common areas.

Condominium projects in Thailand are often sold during the construction and prior to completion of the building and issuance of the official government issued ‘condominium unit title deed’. The foreigners buying a condominium under construction in Thailand will find in the sale and purchase agreement that the purchase price is based on the square meters of such unit to be built or completed. The purchase price usually contains the condition that the purchase price will be adjusted based on the final floor area as will be measured by the Thailand land office surveyor when the unit is finished. Upon completion of the condominium building in Thailand the final floor area will be stated in the official ownership condominium unit title deed. This size is based on the official survey by the Land Department. It is not uncommon that the final purchase price is adjusted with up to 10% difference from the purchase price in the condominium sale and purchase agreement. It is important to be aware of this aspect.

The final floor area is measured by the Land Department and stated in the condominium unit title deed which is administrated and issued by the Land Department. In the Thailand Condominium Act the floor area of a condominium is referred to as private ownership and the wall dividing apartment units shall be joint ownership between the adjoining units.

Common ownership in the condominium is among other the land on which the condominium is situated, the frame structure of a condominium, the office of the condominium juristic person.

When buying a condominium in Thailand it is important to understand the legal procedure and restrictions for ownership in a condominium based on the saleable floor area.

For more information samuiforsale offers free Thailand property related legal information for foreigners.

Progress In Preparing The Draft Condominium Statute

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Progress in preparing the draft regulations under the Thailand Condominium Act amended in 2009 with the purchase and sale agreement is almost completed and will be presented to the meeting of the Council of Ministers (Cabinet) in August 2011. The essence of the contract will be to declare the act as another measure to protect consumers, which requires that any project or condominium units which will be open to the public for sale must be certified or approved by the Environment Impact Assessment Committee (EIA) and must have a valid license for construction.

The framework of this contract will provide fairness for the buyer. Many previous condominium projects were sold or booked but without passing the EIA assessment first which meant that there were many legal cases being brought against developers.

The legislation drafting committee has now approved Condominium Act law. Preliminary determination of the initial height from three stories up and the height of the building will be based on the building control act which regulates the rules or details already. Room sizes, for example, must have a minimum usage area of 20 square meters and a bathroom included. However, the editing of the various definitions will take a year to complete and make enforceable.

The new combined Bangkok city plans to include FAR (Floor Area Ratio) for land use along the metro system includes both open-for-business and under-construction projects and investment projects in the planning stages. According to the combined Bangkok city plan which is considering updating and prepare to announced a new city plan enacted for 2012. By taking lessons and shortcomings of the previous land use plan for revision as well as the growth rate of both residential and commercial development including the number of people using the area as a key element in determining the future layout of urban development.

The consideration of the new Bangkok city plan will increase the use of land along the entire metro route which is currently in service and currently under construction according to master plan and investment plan.

This is because the demand for land along metro lines is high from both investors interested in investing in all types of commercial ventures including shopping centers and low-rise housing and high-rise housing especially in the inner city and central areas and the demand of living near working areas and shopping centers. The city of Bangkok will increase the FAR ratio or total building area per land area to be able to construct more on the same piece of land as 1-2 times.

Apart from that, areas in Bangkok inner city and Bangkok middle areas that have the overhead train can be able to develop more high-rises with land high prices and are likely to be considered worth the investment of further rail systems including Bangkoks outer areas stations.

However, BMA has planned to raise the ceiling of a maximum FAR10: 1 to FAR 15:1 especially in some of the red zone area such as some part of Silom will also increase In descending order according to their suitability and land use. increasing the FAR to 11:1, FAR 12:1, FAR 13:1, FAR 14:1 and FAR15: 1. However, it must depend on the city planning committee for approval.