What to Choose? Condo or House & Lot?

In case you’re a Thai national, there isn’t a whole lot to consider whilst comparing those two kinds of real estate in Thailand. Locals can effortlessly buy these if they’re financially capable. For foreigners, howeverit’s far a different story. One needs to think in wisely about issues when it comes to choosing between those two real estate properties in Thailand.

Here at HWAL Legal We are able to differentiate the advantages and the disadvantages of purchasing a condo unit and purchasing land or a house-and-lot property in Thailand.

Purchasing a Condo

One of the advantages of buying a condo in Thailand is that it’s far very easy for you, as a foreigner, to accomplish that. Thai regulation allows for foreigners to have a hundred percent ownership of a condominium unit in the countrywithout having to set up a corporation or business in the countryprovided that the allocated percentage of the entire number of units in the condo for foreign ownership has no longer yet been bought out. You will notice in Thai regulation that it does permit foreigners to buy condos inside the country as long as the majority of the residents or unit proprietors in the entire project must be local Thais.

There is one downside to being an proprietor of a Thai condominium unit is that it comes with exorbitant feesthose fees are used to for renovation expenses just like the security in the project as well as the preservation for the elevators, the settling of monthly electric payments and other simple services.

Purchasing a house and lot

Most of the people, foreigners and locals alike, does prefer buying a plot of land or a house-and-lot propertythat is because owning your personal space is a lot more advantageous than buying a pre-furnished condo unit. you can pick out the lot location that you want for a lot, and you can design and construct the residence in line with your choices. However, this option is not as easy for foreigners or expatriates in Thailand.

Even if it is inexpensive to buy this type of real estate in Thailand, because it does not include the expenses associated with condominiums, it’s also risky most of the instances for foreigners. it’s far illegal, at this point, for foreigners to own these types of real estate until they do the following:

Marry a local Thai and buy the real estate in his or her name

only locals can purchase land inside the countryin case you are married to a local Thai, you could achieve this however you have to put the title in her name. It’s not terrible and it does what it is neededhowever you cannot put the belongings in your name within the unfortunate occasion that you and your partner might have to get an annulment or divorce.

own a business

If you’re planning to begin a organization in Thailand, you can purchase real estate by using putting it under the name of the organizationhowever, this business needs to be owned partially by means of locals as wellyou may be the single majority stockholder within the enterprise however there have to be some of locals in your board.

There you gothese are the comparisons that we could make in this blog in phrases of drawbacks and benefits in shopping condo unit or a lot in Thailand.

Value Added Tax (VAT) in Thailand

Value Added Tax or VAT is an evaluation tax which applies to all wholesalers, manufacturers, producers, importers, shops and other entities offering direct services until exempted underneath the revenue Code. All corporations not included by the revenue Code exemption need to sign up and adopt the VAT system.

Following are distinctive as exempted from VAT.

  • corporations with turnover not in excess of 1.8 million Baht in a year

corporations engaged in:

  • the sale and import of raw agricultural products and related items
  • the sale and import of newspapers, magazines and textbooks
  • health and academic services, domestic transport
  • leasing of immovable property
  • items exempt from import duty and destined for export-processing zones are covered in this category, along side research and technical services, labor contracts, auditing and legal services.

VAT standard rate and payment schedule

The present day VAT rate is 7%. VAT is payable on the 15th of the month following the month in which VAT is accrued. VAT will become payable on the 7th of the month following the month of the fee if self-assessment of VAT output is needed at the price of certain income to non-citizens.

Agencies that qualify for VAT exemptions ought to still pay VAT on products and services it purchases but isn’t entitled to a VAT refund. Such corporations are not required to gather VAT on its income or document month-to-month VAT forms. If the exempt organisation opts to do so voluntarily, it’ll be entitled to a VAT refund if registered for VAT functions.

Real estate Taxes

Residence and land tax and local development tax are levied via the municipalities on Thai properties. it’s far imposed annually at the proprietors of a residence, a building structure or land that is rented or used commercially. real estate tax fee is 12.5% of the actual or assessed annual property value of the assets. The local development tax is likewise an annual tax paid through the owner of the land or the individual in ownership of the land. The local development tax charge will depend upon the appraised cost of the property in line with the assessment of local government. The price ranges from 0.25% to 0.95%.

Taxes Imposed on Thai belongings

The following tax requirements should be considered when buying belongings in Thailand:

VAT of 7 percent paid each month
Land and residence Tax of 12.5% of the rental value of the property to be paid every year
Withholding Tax of 15% applicable to rents paid to nonresident individuals and foreign agencies without active commercial enterprise operations in Thailand
The need for Tax planning

The advantage of tax planning is that everybody gets to arrange their financial affairs so they may be aware about precisely how much they need to pay in taxes for properties they acquire, according to the provisions of the law.

An overseas investor who is making plans to buy a villa in a premiere development held in a Thai organization need to cautiously remember the tax consequences or tax exposures of the purchase. The same applies to property deals that require the proprietor to take a shareholding in a organization

Information to avoid getting problems in Buying Condo’s in Thailand

Thailand’s land laws are undeniably restrictive to foreign possession except for condominium properties. The condominium Act of Thailand permits foreigners to purchase a condo property with a prescribed boundaries. however while purchasing a condominium is the very best way for a foreigner to own a property in Thailand, if they’re not cautious, they may fall into traps which they don’t see as coming.

Listed below are some of the traps condo shoppers would possibly fall into unknowingly:

  1. Failure to take into account taxes due for the condo. once in a while, the excitement that is going with a condo purchase could make a purchaser forget about to check the taxes due. In a few cases, customers fail to include this amount of their budget. The condominium taxes are expected to be over 6% of the acquisition fee and this ought to be paid before as the property is transferred and the ownership is registered at the land office.
  2. Failing to take the cost of maintenance and allocate a sinking fund while determining the budget for the condo purchase.
  3. Failing to do due diligence on the condominium property to ensure that the seller has the right to sell the condo. A title search is an extremely vital task that every customer should do.
  4. Failing to make sure that all the desired permits and licenses are complied with in line with government guidelines. that is to keep away from any trouble in the long run and may result in delays, task cancellation or substandard work.
  5. Failing to negotiate with the seller approximately who will be liable for the taxes and ensure that such are manifested inside the contract or settlement. If the provisions of the sale agreement do not specify the duty of tax charge, it’s far likely that the consumer will need to shoulder the tax due for the condo.
  6. Failing to ensure that the sales settlement is properly vetted and reviewed via a certified legal professional in Thailand to ensure that your interests as a client are protected. through asking someone who’s knowledgeable on this form of transaction, you are giving your self the opportunity to be clear and specific at the terms you may compromise with the vendor like charge of the taxes.
  7. Failing to double take a look at the surrounding real estate lots. before signing the sale agreement, it’s far important that the customer double check the surrounding of the property to make sure that there aren’t any obstructed views, or there are no restrictions on the zoning specifications for the condo area.

Through keeping these pitfalls in mind, a buyer can be able to avoid falling into these traps.

business registration

Advantages and How To Setup Limited Company in Thailand

Thailand, like any other countries within the Southeast Asian region, encourages overseas investors to their country to enhance their economic activities. And unlike other countries within the area, Thailand happens to have the proper circumstances, conditions and enticements to lure foreign investment into the country. And for you to facilitate the influx of foreign companies to Thailand, several systems were set up from which foreign investors can pick after they want to set up a corporation inside the country.

Private limited company

one of the most often used legal entities in Thailand is the private limited company, which has the same features and functions as the limited liability company (LLC) in the country. In Thailand, a private limited company is used as a way to operate enterprise in accordance with the business and investment laws of Thailand. it’s far required that 51% of a organisation’s stocks have to be held through Thai nationals. The last 49% can be held by using anyone which include foreign investors.

Advantages of private limited corporation

the biggest benefit of establishing  a private limited company is the fact that legally, it is a stand-alone company under Thai law. And for foreign investors who need to govern the ownership of the corporation, the 49% limit can be exceeded or exempted, if the corporation is granted a foreign business License, which means the business have to be particular and need to not compete with neighborhood Thai businesses.

Setting Up

To set this type of business structure, at least three individual promoters (shareholders) is required, and at least one director is elected to manage the business or the organization. The business registration process includes:

• Reservation of name. this is done via filing a signed name Reservation form to the department of business development of the Ministry of commerce (MOC). The form need to include the preferred names along with the alternative names which may be taken into consideration if the primary names have already been used by different entities.

• Submit Memorandum of association or MOA. This should include the name of the company, the province where the company will function, scope of organization’s business, capital (including the number of shares and their par value) to be registered, and the names of all of the promoters.

• Calling of Statutory meeting. once the share structure is decided, a statutory meeting is called to facilitate:

• Adoption of Articles of association (by-laws). A Thai lawyer can help out in preparing the Articles of association.

• Ratification of any contract entered into which include expenses incurred with the aid of the promoters in promoting the organization

• fixing the amount of remuneration, to be paid to the promoters

• fixing the number of preferred stocks to be issued and the nature and volume of the preferential rights accruing to them

• fixing the number of ordinary shares or preferred shares to be allotted as fully or partly paid-up

• Appointment of the initial directors and auditors and determining the respective powers of the directors

• Registration of company. inside three months from the date of the statutory meeting, the directors should publish the application to check in the company. Failure to register inside the specified period, the company statutory meeting shall be nullified and void. when this takes place, a meeting for persons who reserve will be arranged so they can buy the stocks again.

• Tax documents Registration. businesses that are liable for income tax need to register and obtain a tax identification card and number from the revenue department within 2 months of the incorporation date or at the start of the operations.

Workers Rights in Thailand

As in any country worldwide international, the government of Thailand has established terms and conditions protecting the interests of both the company and the employee. Thailand’s labor protection Act 2541 (1998) of the department of labor protection and Welfare defines the rights of employees and the responsibilities of employers. underneath the provisions of the Act 2541, all employers need to outline the terms of employment for their workforce. Employers with 10 or more regular personnel are required by way of law to specify working guidelines and policies – a copy of which must be submitted to the department of labor protection and Welfare and published at the work premises.

The following rights of personnel are defined in the labor protection Act 2541 which can be normally violated by employers:

Regular working hours

Employers that require their personnel to work for more than eight hours a day or exceeding forty eight hours per week are violating the terms beneath the labor protection Act 2541.

Breaks during regular work hours

Any employer that does not offer relaxation duration of not less than one hour a day after working 5 hours violates the provision concerning required rest period to be given by means of employers to their employees.

Weekly holidays

An organization violates the worker’s rights if he:

• Does not allow an worker to have at least one day off per week as a weekly holiday or the rest day is given after 7 days of continuous operation.

• Does not consist of the weekly holiday within the basic pay of the regular personnel.

National Holidays

Employers violate the provisions of the employee’s rights in the event that they don’t provide their personnel with thirteen national holidays including national labor day. If a holiday falls on a weekly holiday, the worker will be given a further holiday on the subsequent working day. The employers have to pay the personnel their fundamental pay on national holidays.

Annual leave

If an organization has an employee that has worked for one full year continuously, the worker is entitled to an annual vacation of not less than six working days. employees operating for less than 365 days could be entitled to an annual vacation on pro-rata basis. Failure to provide this can be in violation of the worker’s rights.

Basic Pay

An employee is entitled to get his basic pay not lower than minimum rate of basic pay as mandated by using the government. If employees are paid lower than minimum rate of basic pay, the employers are in violation of the basic pay rights of the employees.

Overtime Pay, Holiday Pay and Holiday Overtime Pay

An organization may also require an employee to work extra time or on holidays as necessary to the continuous overall performance of work but must be pay overtime rate. by law, employers may also require an employee to work on holiday if business is that of a hotel, theater, transport, restaurant, café, club, society, medical establishment or such other companies as prescribed by the Ministerial regulations with consent of the worker for each instance.

Employers that require employees to work beyond regular time on a working day and do not pay time beyond regulation at the rate of no longer less than one and a half times the rate of the hourly basic pay earned in normal working hours for the extra time hours worked, or no longer much less than one and half times the rate for each unit of output on a working day for employees who receive basic pay upon output. If the overtime coincides with a holiday, the corporation shall pay holiday overtime pay on vacations to the worker of not less than treble basic pay rate earned according to hour or per unit of output on a ordinary working day.

business registration

Steps on How to Register Company in Thailand

Business entrepreneurs making plans to operate a business in Thailand should take time to get acquainted with Thai laws on registration of companies.
Businesses in Thailand are labeled underneath Thai laws as:

  • Sole proprietorship – this ismuch likesole business ownership structure within the America.
  •  Partnership – this is similar to a partnership corporation in other countries. There are two kinds of partnership: limited and ordinary.
  • Limited company – this is similar to the limited liability company (LLC) structure in the United States. Which is formed through dividing the capital into equal share. The shareholder’s legal responsibility is limited to the amount of stocks held by means of the shareholder. The most common business structure used in Thailand is the limited company. The following registration techniques are in accordance with what the Ministry of commerce has stipulated.

Step 1. Select Promoters (Shareholders). A private limited company requires a minimum of three promoters while a public limited company needs 15 promoters. Through a n assembly (required by law), the promoters will determine upon a listing of company names (at least 3 names) to test for availability.

Step 2. Publish the chosen company names for reservation. This process will take a look at if there are different companies that have used your proposed company name. If a name is accepted you may continue with the following step. otherwise, you may publish possible company names again till a call is cleared in your business.

Step 3. A statutory meeting with promoters as required by Thai law must be convened to:

• approve a company name
• decide official address
• set up goals of the organization
• set quantity of share capital to be registered and how it is divided
• make a list of promoters’ names, addresses, occupations, and number of stocks each

Step 4. A “Memorandum of association” (MOA) containing the information in

Step 3, must be filed with the district office protecting the official company address, within 30 days of approval of the company name. fees need to be paid: 50 baht per 100,000 baht of registered capital, minimum 500 baht and maximum 25,000 baht.

Step 5. put together your company logo, create a company stamp with your logo.

Step 6. The agency registration application need to be submitted by way of the directors withinthree months after the MOA has been filed. the following should be part of the submission:
• cash payment for the registration fee (500 baht in line with 100,000 baht of registered capital, minimum 5,000 baht, maximum 250,000 baht)
• completely filled out company documentation
• the company stamp

Step 7. you will get your company papers again after a day or two or after the MOC has completed the registration of your corporation.

Step 8. After your company registration certificates is issued, you need to go  to the revenue department to get a company tax identity card. A laminated card can be issued collectively with your company tax identification number.

Step 9. go to the bank together with your identification card, company tax id card and company documentation and set up a bank account.

Step 10. you’re ready to operate your business.

property law

What Is Thailand’s Property Law?

In general, the property laws and regulations of Thailand are patterned after the western nations in as much as the same way that the Thailand Civil Code is primarily based on the mainland European civil law system. Thai property laws are in effect considered western.

Possession of land in Thailand is ruled through the Land Code BE 2497 (1954), the Civil and commercial Code, Land Reform for Agriculture Act BE 2518 (1975) and the rules set forth through the Ministry of the interior. The conditions imposed on land ownership for non-Thai nationals are so restrictive that possession isn’t practicably possible at all.

There are, however, several approaches in which a foreign national can make about land ownership without violating the provisions of the property laws of Thailand. There are three ways to get around land ownership in Thailand by way of a non-Thai national:

  • Register a Thai nominee
  • Make and register a limited liability company to own the land
  • Developing long-term rentals with assured rights to renewal for registered ownership under a Thai nominee’s name or under a limited liability company’s name.

Register a Thai Nominee

This option permits for a much faster and simple straightforward processing with out the load of extra costs. And this is why this option has emerged as one of first choice of many expatriates or foreign nationals who are eager to invest in homes in Thailand.

This method is generally suitable wherein an existing long-time period relationship has been set up and in place.

The foreign national need to have established retaining full control and influence over the nominated Thai national. if you are confident about your controlling role over the nominated Thai national, this could be the right choice to fulfill land ownership.

The apparent downside of this selection is the fact that legally, the land is not under your control, since it isn’t under your name. In the event of severing ties with the nominated Thai national for whatever motives, you don’t have any way to resell the land. you can only protect the property in question if a last will and testimony is in place controlling the bequeathing of the property at the death of the Thai nominee. Which means the Thai nominee will sign a last will and testament specifying that the property should be transferred to some other individual who could be your new Thai nominee in case of the first nominee’s demise.

Registration of a limited liability company

This approach has been the famous choice for lots overseas nationals within the past in structuring a way to own land in Thailand. The foreigner need to understand and be aware aboutall the requirements to process and sign up a limited liability company so as for this method to work. this indicates having only 49% ownership by foreign nationals and most people 51% of the shares are held by means of the local Thai nationals. As within the first option, the conditions do not warrant protection on the interests of the overseas nationals.

So it is vital that sure legal documents are made and in place to make certain that you nevertheless hold the control over the property registered underneath the organization’s name.

Leasehold

This technique is frequently ignored and not even taken into consideration by using foreign nationals wanting to own homes in Thailand. The principle of this method is to create a continuously renewable leasehold ownership structure that equates the pertinent advantages of Freehold possession including:
• security of tenure
• enjoy the benefits of asset appreciation
• can make your asset as a gift to whom you choose.
• property is yours to enjoy till sold or bequeathed.
The regulation is precise on its conditions that non-Thais won’t own the freehold title on the land. it’s far therefore crucial that two or separate contracts are drafted for each property – land and building. ownership of buildings may be legally transferred to the non-Thai national.
like the first two methods, this approach, too, needs essential safeguards to ensure that the foreign national enjoys the advantages of freehold ownership in phrases of control and protection.

The lease settlement should contain the following clauses:

1. Non-Thai must have right of access and abode on the land.
2. in the event that the laws on foreign land possession change within the future, the non-Thai national must have the right to transform the leasehold to freehold ownership.
3. The right to sell and transfer the assets
4. A non-Thai national need to have full and irrevocable power of attorney with respect to the land granted via the nominated Thai national to the non-Thai. In effect the Thai national returns control to the non-Thai.
5. The lease agreement have to have guaranteed extension clauses granting in addition terms up to a most of 90 years earlier than renewing the rent.

work permit thailand

Procedures to Obtain Work Permit in Thailand

Without a work permit, foreigners are not allowed to work even if they have got different types of visa. the following procedures need to be followed in applying for a Thai work permit or visa:

The foreign worker should acquire a nonimmigrant visa or a resident visa before entering Thailand. this is required to be able to apply for a work permit. With a non-immigrant B visa, the overseas worker may begin to process the work permit. work permit application processing is carried out at the office of the Ministry of labor. the standard processing takes 7 business days, once in a while more. The overseas worker applying for a work permit need to have an available organization who will provide the files required for processing. The foreign employee need to also have a position or a job that is not prohibited to foreigners.

If the process applied for calls for a license under a particular regulation (e.g. instructor, physician, press card from the public relations department, etc.), similarly to the Alien occupation law, a photocopy of such license will be attached.
If the applicant is married to a Thai national, the authentic and photocopies of marriage certificates, spouse’s identification card, birth certificate of kids, household registration, in addition to photocopy of every page of the applicant’s passport should be provided.

Work permit, as soon as approved and granted should be carried by the foreign employee all of the time particularly at the place of work for presentation within the occasion of random immigration checks. The foreigner is only allowed to carry out the job stated inside the work permit and with the specific organisation.
The foreign worker desires to pick up his blue work permit book personally on the Ministry of labor office. work permit can be issued with validity starting from 90 days, 6 month or 12 months and this is at the discretion of the labor officer. it is also possible to have a visa (non-immigrant or resident) that expires on a completely different date to the work allow due to the new immigration regulations.
if you require some help in processing your immigration or work visa in Thailand, don’t hesitate to email or call HWAL legal in Phuket.

Files needed for a Work Permit Application:

Company Requirements

  • Employment agreement
  • Letter of employment stating position and salary of applicant
  • Office map
  • Photocopy of the director’s passport and work permit with signature affixed
  • Financial statement
  • Withholding tax of the company
  • Application for VAT
  • List of shareholders
  • Company certificates and objectives
  • The employer should provide the following:
  • Application form (W.P.2)
  • Three 5×6 cm. full-faced, bareheaded, black and white or color photographs, taken no more than six months prior to the filing of the application
  • A recent medical certificate from a first-class licensed physician in Thailand stating that the applicant is not of unsound mind and not suffering from contagious or infectious diseases, narcotic addiction or habitual alcoholism
  • Original passport
  • Letter of Employment
  • Certificate of Degree and CV or Resume showing application’s educational qualifications and describing in detail the applicant’s past position, duties, performance, and place and length of employment
Thailand Visa

Student Visa Application in Thailand

In general, any overseas national who wants to enter the kingdom of Thailand is needed to acquire a visa according to the cause of their stay inside the country. but, there are specific nations whose citizens are allowed to live in Thailand for a selected number of days while not having to gain a visa of any sort.

Foreign nationals who want to study in Thailand, they need to acquire a student visa because it will allow them to live in Thailand even as they pursue their studies. Any overseas national can practice for a twelve months Non-Immigrant student visa but Student must be at least 12 years old and enrolled in any one of the educational programs by recognized and accredited educational institutions in Thailand.

The school or educational institution will apply for a letter of acceptance from the Thai Ministry of education requesting a 365 days ED visa for the student. This letter will be submitted by the student to a Thai embassy or consulate outside Thailand. The Thai embassy or consulate will issue a one-year Non-immigrant ED visa so as to be used in entering Thailand.

On arrival in Thailand, the student will be permitted to stay for 90 days.

Requirements for Eligibility to ED (Education) Visa in Thailand

Educational programs may be:

  • 6-month course with 100 hours of group study and 30 hours of private lessons.
  • 11-month course with 180 hours of group study and 40 hours of private lessons.
  • 1 year course with 18 hours of group study and 50 hours of private lessons.
  • Procedure in Processing ED Visa

A deposit of 70% of the tuition fee should be paid to the school in order to start Visa processing If the student is already in Thailand holding a tourist visa, If the student is outside Thailand, the tuition fee for the selected course will be paid in full.

Student must submit the following documents to the school for visa application processing:

  • Copy of passport
  • Application form provided by school properly filled out
  • 6 photos

If you need legal help don’t hesitate to contact us.

classification of heir in thailand

Validity of Thai Wills

The idea of making a will is something most of the people are reluctant to even consider. As loss of life is a very sensitive issue, any topic that is directly or indirectly associated with it is avoided. however, for other people, writing a will is almost a necessity particularly if it concerns large property, assets and investments.

In Thailand, the exercise of making a will and testament is pretty not unusual amongst those in the top strata of society. The Thai people generally recognize the significance of executing a last will and testament so that the distribution of the property and residences will be done according to what is distinct inside the will. in the absence of which, the Thai inheritance law will decide what happens for your property upon your demise. One possibility is that your property, with out a will, can be distributed in line with the conditions of the Thai Civil and commercial Code taking account the kinds of relationships and order of priority of the lawful heirs.
For a Thai Will and testament to be valid the will need to be made by someone of sound mind and need to follow one of the forms prescribed in chapter 2 of the Civil and commercial Code.
a person need to be at least 15 years of age or he cannot witness or make a will. The beneficiary in the last will or testament can’t be a witness of the will.
A Thai Will and testament is considered final and executory if all the particular necessities and prerequisites of the sort of Will and testimony made are complied with. If one of the specifications are not met, it can be questioned for its validity, and in the end be considered null and void.

Kinds of Will in Thailand

Holographic Will. The most common last will and testament in Thailand is one carried out via the testator in writing, dated at the time it turned into written, signed through the testator with at least 2 witnesses who sign their names to certify the signature of the testator.
A secret document registered with the local amphur. The testator have to close the document (his last Will), sign and hand it over to the same official as defined in section 1660 of the Civil and commercial Code. 2 witnesses must also sign the closed document and the official will seal the closed final Will and testament. If the last Will and testament was not handwritten by way of the testator, he (testator) have to state the name and domicile of the writer.
Will by using word of Mouth. that is allowed under Thai law in sure cases or superb instances such as imminent danger of dying which prevents the person from creating a will in any of the prescribed forms as prescribed inside the Civil and commercial Code.
A public document. The last Will and testimony may be made as a public record at the local amphur by way of a declaration to the relevant public officer. The testator must claim his needs inside the Thai language to the general public officer who in turn have to write down the testator’s statement in the Will in Thai. The official should read the declaration once more to the testator and witnesses who have to additionally sign the last Will that is drawn up with the aid of the Thai public officer. it’s far required that the testator using this form need to read and write Thai.
The last Will and testament in Thailand is difficulty to the appointment of an executor or administrator. The court determines if the testator has made a valid will. If no legitimate legal Will and testament is made or decided, the property could be disbursed most of the statutory heirs pursuant to precise Thai Inheritance laws.