Thailand Real Estate: Communal Development or Stand-Alone?
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Thailand Property
Legal FAQs & Info
Regardless of your tax domicile, income earned from renting property in Thailand will generally be subject to Thai income tax. An exception would be when the location receiving the income is outside of Thailand making it beyond the scope of Thai taxation. For example, when a management company or online portal (e.g., Airbnb Booking.com etc.) may make a payment abroad (from their account overseas) directly to owner’s account overseas.
When the income does fall within the scope of Thai taxation, depending on such factors as the entity owning the property (a person or a company), if the income is collected into a personal or company bank account and if the rental contract is in a person’s or company’s name, the tax applicable will either be personal income tax or corporate income tax.
Personal Income Tax
This is levied on income before expenses. Progressive rates apply from 5 to 35% apply to income over 150,000 THB. Under Thai law, there are certain relief/deductions allowable against personal income taxes.
Corporate Income Tax
This levied on net profit after expenses. Progressive rates from 15-20% apply to net profit over 300,000 THB. Deductible expenses include furnishing, maintenance, utilities, estate fees and depreciation.
Taxes and Government Fees for Buying and Selling Property
If a property transaction occurs by taking over a company (this could be a Thai company or an offshore company), then the owner of the property in question is still the same company. No transfer of property ownership has in fact occurred and no taxes or fees applicable to real estate transfers need to be paid. Instead, the transaction involved is a share transfer.
In the case where the company being taken over is Thai, the government fees for the transaction are 0.1% stamp duty on the value of the shares. The seller of the shares also has to pay personal income tax on any capital gains (see section on Capital Gains below). In the case where the company being taken over is foreign, no taxable event has occurred in Thailand. As this transaction is offshore, there is no liability for Thai tax, though taxes may be applicable in another jurisdiction.
Where a property is acquired without taking over a company then there is an actual transfer of property ownership. A real estate transaction has occurred and government fees and taxes need to be paid. These can account for up to 6% of the contract price.
The taxes and fees involved vary according to whether the ownership is leasehold or freehold.
When acquiring a lease of a land or building, both stamp duty and a lease registration fee need to be paid. These are calculated using the total value of the lease (i.e. total rental throughout the lease term), the stamp duty is 0.1% and the lease registration fee is 1%. In Thailand, the seller normally pays the stamp duty and the lease registration fee is split 50:50 between both parties. These fees are the same if the party involved is a person or a company.
Summary of Leasehold Transfers
| Tax/Fee | Rate | Party Liable |
|---|---|---|
| Stamp duty | 0.1% | Seller |
| Lease registration fee | 1% | Buyer and seller share 50:50 |
The seller of the lease is also subject to tax on any capital gain (see section on Capital Gains below).
If the transaction involves freehold property, such as land or a freehold condominium, the following taxes/fees need to be considered: transfer registration fees; withholding tax and either Specific Business Tax or stamp duty.
Note, when a transaction is deemed commercial in nature, this is when the property is registered in a company name or it has been held in a personal name for less than 5 years, then Specific Business Tax applies, otherwise stamp duty is applicable.
The transfer registration fee is currently 2% of the land office appraised value. Also known as the assessed value, this what the land office values the property at. This is normally significantly below the actual market value or the agreed purchase price.
If the seller is a company, the withholding tax is calculated as 1% of either the land office appraised value or purchase price, whichever is higher. However, if the seller is an individual, then the withholding tax is calculated using a combination of the appraised value, the length of time owned and the progressive personal tax rate.
Specific Business Tax is calculated as 3.3% of either the land office appraised or the purchase price, whichever is higher. Stamp duty is calculated as 0.5% of which is the greater out of the land office appraised value and the purchase price.
So how are these taxes and fees partitioned between buyer and seller? Theoretically, the transfer registration fee should be split 50:50 between both parties and the seller is liable for the withholding tax and either the specific business tax or the stamp duty. However, in practice many deals are agreed on the basis that all the transfer fees and taxes are split equally between buyer and seller.
Summary of Freehold Transfers
| Tax/Fee | Rate | Party Liable |
|---|---|---|
| Transfer registration fee | 2% | Buyer and seller share 50:50 |
| Withholding tax | 1% | Seller |
| Specific Business Tax | 3.3% | Seller |
| Stamp duty | 0.5% | Seller |
The seller of both leasehold or freehold property, and also shares in a Thai company, is subject to tax on any capital gain. If the seller is a person, any capital gain is subject to personal income tax (rates of 10 to 35% apply). If the seller is a Thai company, instead corporation tax is applicable (rates of 15 to 20% apply for companies with paid-up capital of up to 5 million baht).
Note, foreign buyers of Thai property need to ensure that they have documentation to confirm that the funds for the purchase were sent in from overseas. For transfers greater than 20,000 USD, the official document issued for the transfer is the Foreign Exchange Transfer Form (FET). The funds should be sent into Thailand as foreign currency, not Thai baht. The FET officially documents the remittance of the foreign currency into Thailand, and the subsequent exchange into Thai baht inside the country. With proper documentation to show that foreign currency was sent into Thailand for the purchase (ideally an FET), the seller can later repatriate the same amount of money that they sent in tax free and only the capital gain is subject to income tax.
Foreigners earning income from Thai property registered in their own name are obliged to file a personal income tax return. The tax is calculated using a progressive rate after deducting allowable expenses. The progressive rates range from 5 to 35%:
| Income After Expenses (THB) | Tax Rate (%) |
|---|---|
| Up to 150,000 | 0 |
| 150,001 – 300,000 | 5 |
| 300,001 – 500,000 | 10 |
| 500,001 – 750,000 | 15 |
| 750,001 – 1,000,000 | 20 |
| 1,000,001 – 2,000,000 | 25 |
| 2,000,000 – 5,000,000 | 30 |
| Over 5,000,000 | 35 |
Thai limited companies are subject to corporate income tax (CIT) on annual net profit. This naturally includes the situation when a company holds an asset in the form of real estate, this could be land or a building/structure, and the real estate is sold producing a capital gain. This capital gain is taxed the same as any other form of company income.
For a companies with paid-up capital of up to 5 million baht, progressive CIT rates of up to 20% apply as follows:
| Net Profit (THB) | Tax Rate (%) |
|---|---|
| Up to 300,000 | 0 |
| 300,001 – 3,000,000 | 15 |
| Over 3,000,000 | 20 |
Ownership Structures for Buying Property in Thailand
Under Thai law, foreigners are not permitted to own land but may own buildings. Therefore, if a foreigner wishes to purchase a house (or duplex/townhouse) that includes land, there are two main options for acquiring the land:
- Set up a Thai limited company: This company would hold the freehold title of the land. The company must operate as a legitimate business that generates income, with annual financial statements submitted to the authorities. The foreign buyer can be a director and shareholder, but foreign ownership must not exceed 49%. At least two Thai shareholders are required, who cannot act as mere nominees, and are typically provided by the lawyer establishing the company. The freehold title of the land is registered in the company’s name.
In 2024, the Thai government increased enforcement against the illegal use of Thai nominees by foreign nationals attempting to bypass ownership restrictions. It is essential that any company is set up in full compliance with the law, structured as a genuine business with legitimate Thai shareholders to avoid legal issues.
Legal protections are typically put in place by the lawyer to ensure foreign directors retain control. These measures might include provisions such as only the foreign director(s) having authority to enter contracts on behalf of the company, foreign-held shares having enhanced voting rights, and open-dated share transfer forms signed by the Thai shareholders, allowing for their replacement at the foreign director’s discretion.
Once the company owns the land, the investor is free to build, sell, lease, or transfer the property, including passing ownership to next of kin.
Note: The company must comply with legal requirements, including proper financial records, shareholder meetings, and annual accounting. We can recommend a reliable local accountant to manage these obligations.
- Lease the land: An alternative to setting up a company is to acquire a 30-year lease on the land. The lease agreement can include options to renew for two additional 30-year periods, resulting in a total potential lease term of 90 years. The lease contract may also include a fixed option for the foreign buyer to purchase the freehold title when desired.
Note: While the foreign buyer can own the house itself, if the freehold of the land is held by a Thai company, it is often beneficial for the house to be owned by the same company for tax efficiency and ease of resale.
Condominiums in Thailand are distinct from ‘standard’ apartments in that they have a condominium licence which means that up to 49% of the private living space of the condominium building can be bought by foreign investors on a freehold basis. The remaining 51% can be directly owned by Thai individuals, held in a Thai company or leased to foreigners.
Regarding ‘regular’ apartments (i.e., where the development has no condominium licence), the ownership structure is either a 30-year lease and/or shares in a company which holds the freehold. In the case where the apartment is both leased and the buyer also given shares in the company owning the freehold, this is often referred to as I protected leasehold structure because having shares in the company owning the freehold makes the lease renewals more secure. Regarding the leasehold term, 30-years is the maximum allowed in Thai law for one term, however, options to renew the lease for 2 further periods of 30 years are typically built into the contract to make a total lease period of 90 years.
Important note: This text serves as general guide only and clients should seek advice from qualified professionals for more detailed clarification.
