Author: siamlegalpattaya

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Property

Thai Will and Succession

As you probably know, in Thailand the property of a deceased person devolves on his/her heirs. A properly drafted Last Will is the best way to guarantee that your wishes are respected and to avoid family disputes after your death.

A well drafted Will can save your family a lot of time and stress. The settlement of your succession will largely depend on it.

Legal Requirements

When you pass away in Thailand there are many processes and details to manage before a statutory heir can receive their inheritance. This is especially true if your assets are held in a Thai company in foreign names.

A Will can ensure that your property passes on to the people you want to receive it after your death. It also helps avoid any unnecessary legal fees or court costs.

A Will must be written by you in the presence of two competent witnesses (not your friends) and it can either be handwritten or typed. It must be dated, include clear instructions and express your wishes as to the distribution of your estate after your death. It is not expensive to draft a Will in Thailand and it can save your family or loved ones a lot of time, stress and money later on. It also ensures that your property is transferred to a statutory heir in accordance with Thai Inheritance Law.

Intestacy

When you die without a Will or any binding declaration of succession (known as dying intestate), the assets in your estate are distributed according to Thai law. The heirs will be determined based on a set sequence – beginning with your next of kin. This process is called intestacy and, in the absence of a Will, will not take into account your personal wishes or needs, such as special provisions for loved ones with disabilities. In addition, the laws may not provide for children born after the deceased and may not address illegitimate family members. It can also be complicated if the deceased was married or had children with different partners.

Distribution of Assets

When a foreign national dies in Thailand with or without a Will, the estate must be administered. This requires a petition to be filed with the court having the territorial jurisdiction where the decedent was domiciled at the time of his/her death. The petition must include a death certificate, a list of relatives, birth certificates of the legit heirs and a list of assets.

If the deceased had a will, it should be submitted to the executor named in the document along with any supporting documents that are relevant to the estate. The executor will then notify the beneficiaries of the estate of their right to receive a share of the estate.

In the case of property designated as marital property, a spouse has the right to half of the estate. The rest of the estate is divided amongst other statutory heirs. This is where having a Will becomes very important. A Will allows a person to choose his/her Legal Heirs and also to appoint Guardians in the case of minor children. In addition, a Will can be used to make gifts or legacies.

Probate

A person who dies in Thailand will normally need a Thai probate lawyer to wind up the estate and ensure that all institutions, banks, government agencies, etc. are notified of the death. The executor will also be responsible for collecting and managing the deceased person’s assets and property, paying any debts and taxes and distributing the remaining assets and property according to instructions in the will.

For a foreign person, the best way to avoid probate is by establishing ownership through joint ownership with a Thai citizen or by transferring the property into a usufruct. However, even this can involve legal requirements and court costs.

An estate administrator must be appointed by the court or mentioned in the will to protect, distribute and handle the estate assets before the heirs can inherit. Then, the administrator must keep the heirs updated on the progress of the estate process. The law stipulates six classes of heirs: descendants; parents; brothers and sisters of full blood; brothers and sisters of half blood; grandparents; uncles and aunts.

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Property

Property Taxes in Thailand

Property Taxes in Thailand

Property Taxes in Thailand. Investing in real estate can be an exciting venture, and Thailand has long been a favored destination for property investments. As an investor or homeowner in Thailand, understanding the intricacies of property taxes is crucial. In this article, we will provide a comprehensive guide to property taxes in Thailand, including the types of taxes, their rates, and important considerations for property owners.

  1. Types of Property Taxes: Thailand imposes several types of property taxes, each serving a specific purpose. The primary taxes applicable to real estate in Thailand include:

a) Land and Building Tax: The Land and Building Tax Act, enacted in 2019, replaced the previous House and Land Tax. This tax applies to land and buildings used for residential, commercial, agricultural, and industrial purposes. The tax rates vary based on the land and building type, location, and usage.

b) Local Development Tax: Local Development Tax is levied to finance infrastructure development projects at the local level. The tax rates vary across different municipalities and provinces and are typically calculated based on the land value.

c) Specific Business Tax: When selling a property within five years of its acquisition, a Specific Business Tax may apply. The tax rate is fixed at 3.3% of the appraised value or the actual transaction price, whichever is higher.

d) Stamp Duty: Stamp Duty is applicable to the transfer of ownership of properties and is calculated as a percentage of the registered value or the actual transaction price, whichever is higher. The rate varies depending on whether the property is residential or commercial and whether the buyer is an individual or a company.

  1. Land and Building Tax Rates: The Land and Building Tax rates in Thailand depend on various factors, including land use, location, and property type. The following are the general tax rates for residential properties (as of the time of writing):
  • Unused land: 0.5% of the appraised value
  • Agricultural land: 0.01% to 0.1% of the appraised value
  • Residential land and buildings: 0.03% to 0.30% of the appraised value
  • Commercial land and buildings: 0.3% to 1.2% of the appraised value
  1. Important Considerations: a) Tax Assessment: Property owners in Thailand are required to assess and report the value of their properties to the local authorities every four years. Accurate assessment is vital, as underestimation may result in fines, while overestimation may unnecessarily increase tax liability.

b) Payment Deadlines: Property taxes in Thailand are typically payable annually. It is essential to be aware of the payment deadlines to avoid penalties or additional charges.

c) Exemptions and Reductions: Certain properties may be eligible for tax exemptions or reductions based on their usage, such as agricultural land or properties used for charitable purposes. It is advisable to consult with a tax professional or local authorities to understand the specific exemptions and reductions available.

d) Tax Planning and Professional Assistance: Given the complexities of property taxes in Thailand, seeking professional guidance from tax advisors or lawyers with expertise in Thai real estate laws can be highly beneficial. They can provide guidance on tax planning strategies and ensure compliance with the regulations.

Conclusion: Thailand’s property tax system may appear intricate, but with a clear understanding of the different types of taxes, rates, and associated considerations, property owners can navigate the tax landscape effectively. Staying informed, seeking expert advice, and complying with tax obligations will enable property investors and homeowners to manage their tax liabilities efficiently and make informed decisions regarding their real estate investments in Thailand.

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Property

Property Due Diligence in Thailand

Any real estate transaction, including those in Thailand, must include the step of doing property due diligence. Due diligence entails a thorough examination of all facets of a property, including its ownership, legal status, and any potential liabilities or problems.

When performing due diligence on real estate in Thailand, keep the following in mind:

  1. Check the Title Deed: Confirm that the seller is in possession of a legitimate title deed to the property. A crucial legal document that establishes ownership of the property is the title deed. There are various kinds of title deeds in Thailand, so be careful to speak with a lawyer to determine which one is best for your transaction.
  2. Verify that the property is unencumbered by any liens, mortgages, or other claims on it by checking for encumbrances. This can be achieved by looking over the title deed and running a search at the neighborhood land office.
  3. Verify that the property is zoned for the intended purpose and that there are no land use restrictions that would prevent the intended use by reviewing the zoning and land use regulations.
  4. Verify that the property has all relevant permissions and approvals for any existing structures or planned development by looking at the building regulations and permits. This covers environmental permits, building permits, and other pertinent approvals.
  5. Perform a site inspection: go to the property and physically inspect it to confirm its state and the condition of any existing structures. This entails looking for any flaws or damage and spotting any potential dangers.
  6. Review all pertinent legal documents and contracts, including any purchase agreements, leases, or other agreements relating to the property, with the help of an attorney.
  7. Consult with professionals: To confirm any technical features of the property, such as structural integrity or environmental concerns, consult with professionals, such as engineers or architects.

To ensure that all pertinent parts of the property are carefully examined, it is advised to consult with a lawyer or other real estate professionals because conducting property due diligence in Thailand can be a complicated process.

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Property

Importance of Sales Contract Review in Thailand

The purchase of a home or property is a huge investment. This is why it’s important to check every detail of the contract before signing it. A professional attorney can review your contract to ensure that it meets all legal requirements and is a fair and legitimate transaction. This can prevent you from wasting money or making a mistake that could lead to future issues.

Buying real estate in Thailand is a complex process that can lead to misunderstandings, fraud, and a host of other potential problems. One of the best ways to avoid these issues is to have a Thailand contract lawyer review the sale and purchase agreement before you sign it.

In Thailand, it is mandatory to obtain a sales contract review before signing the sale and purchase agreement. This will ensure that you are getting a fair deal, and it can also protect you from any ambiguous clauses that could result in a lawsuit later on.

A professional can also help you negotiate any changes that may be necessary to the contract if there are any hidden costs or other concerns. This can ensure that you are able to get the home of your dreams without any issues.

It is also important to have a Thai lawyer review any other documents that may be included in the purchase agreement, such as a title deed or an environmental permit. This will ensure that the land you are purchasing is safe to live on and has all required permits.

When drafting the contract, the lawyer should take into account the interests of both parties. A Thai sale and purchase contract typically only outlines the basic rights of the buyer and seller, so it is important that they understand their rights and obligations before signing the document.

An experienced lawyer can provide a detailed contract review and make sure that the terms are clear, fair, and unambiguous. They can also provide a list of any unforeseen conditions that may arise later on, so you know what you are getting into before signing the contract.

This is a crucial service for any business that wants to be legally compliant and protect its interests. It’s an excellent way to avoid ambiguities that could lead to a lawsuit and ensure that you are getting the best possible deal for your investment.

The importance of a sales contract review is critical for both local and foreign buyers alike. A professional can clarify any ambiguities, reduce the liability of the seller, and strengthen your position in case you encounter a dispute in the future.

A good lawyer can also help you determine if the property is eligible for government assistance and has any required permits or licenses. This can help you decide if the purchase is worth it and whether to go through with it or not.

The importance of a sales contract review cannot be overstated. It can save you time and money in the long run, and it is an essential part of the process of purchasing real estate in Thailand. It can be costly to have a legal expert review your contract, but it will be worth it in the end.

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Corporate

US-Thai Treaty of Amity

The US-Thai Treaty of Amity is an important trade and economic relationship between the United States and Thailand. Its aim is to promote trade, commerce and cultural understanding between the two countries while granting special rights to citizens of both nations who wish to enter the other country’s territory for business purposes or investment.

The Amity Treaty was signed in 1966 and replaced an older treaty based on the 1833 Treaty of Amity and Economic Relations between the United States and the Kingdom of Thailand (AER). It grants American companies special rights, such as the right to maintain a majority shareholding or wholly own their company, branch office or representative office located in Thailand. It also gives U.S. firms national treatment and exemption from most of the restrictions on foreign investment imposed by the Alien Business Law of 1972.

There are a few important things to keep in mind when considering setting up a U.S.-Treaty of Amity company in Thailand:

First, to get protection under the Treaty of Amity, a U.S.-owned company needs to have a minimum registered capital of 2 million Baht or more, regardless of the type of activity it will be doing. This increases to 3 million Baht if a Foreign Business License is required for the activity.

Second, the CS must certify that the company is owned by an American and will be majority American-owned after it is incorporated. This certification will be sent to the Thai Department of Business Development, which will then register the company with the government.

Third, the Amity Treaty requires the owner of the company to be a US citizen. This will require a notarized copy of the owner’s passport or birth certificate.

Fourth, the Treaty of Amity is a bilateral agreement and is only valid until one party terminates it. Both parties can end it by giving a year’s notice to the other.

Fifth, the Amity Treaty does not allow companies to engage in communications or transportation services, domestic trade in indigenous agricultural products, fiduciary or depository functions related to banking, or ownership of land. It also does not permit companies to be involved in a number of other activities that are prohibited by the Foreign Business Act.

Finally, the Amity Treaty allows companies to be dissolved after a certain amount of time passes. This may be a helpful feature if the owner is planning to sell the company, but it can also be an issue if the owner plans to remain in Thailand for an extended period of time.

The Amity Treaty has many benefits for American businesses in Thailand and it is worth considering if you are looking to invest in the country. However, the Amity Treaty is complex to understand and can be difficult to navigate without the help of a professional. Therefore, it is important to work with a lawyer who can ensure that you are compliant with the Amity Treaty’s requirements from the start. If you need help, contact the experts at Plizz to learn more about how we can help your company set up in Thailand and get registered under the Amity Treaty.

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Property

Process of Property Title Transfer in Thailand

When you are looking to purchase a home, condo, villa or apartment in Thailand, it is important that you know the process of property title transfer. This will help you avoid any potential legal pitfalls.

The first step in the process is to find a real estate lawyer who will be able to provide you with reputable advice and protect your interests during the buying process. Having a lawyer with you in the purchase of your Thai property will give you peace of mind and ensure that you are protected from any unexpected issues and possible legal risks.

A lawyer can assist you with all the aspects of a property purchase including; reviewing and approving your contract, ensuring that the property is not subject to any government regulations or restrictions and making sure that you are aware of all the requirements prior to purchasing your Thai property. Having a Thailand lawyer by your side will also make the buying process much smoother and easier for you, which is why you should always seek out this professional assistance before committing to a purchase of any sort.

Once the property has been bought, you will then need to prepare a few documents to transfer the ownership of the property into your name. The most common of these is a Land Title Deed, but there are other types of title deeds that you can choose from.

You will also need to have a valid foreign exchange transaction certificate and a Foreigners’ Land Rights Certificate issued by the local land office before the property can be transferred to your name. These documents are required for any purchase of a condominium in Thailand.

After obtaining all of the necessary documents, you will then need to take them to your local land office and register the property into your name. This is a legal procedure that can only be performed by the local land office and not by any other government agency.

The Land Department is a government agency that handles all of the issues related to real estate in Thailand. They are responsible for the registration of property, issuing title deeds and regulating the land topography.

It is very important that the correct documentation is presented to the Land Department and all of the relevant information is correctly submitted. Failure to do so may lead to costly delays and even a refusal of registration of the property.

When you are ready to proceed with the transfer of your property, you will then need to present the following documents:

– Land Title Deed (Land Certificate) – this is the most common document used for real estate transactions in Thailand. It is a clear and secure document that will show who owns the land.

The land deed will have the title holder’s name and address on it as well as any previous owners who are still named in the deed. This will be a valuable piece of paper for you to keep as it will serve as a reference for all your future real estate transactions in Thailand.

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Corporate

Doing business in Pattaya

DOING BUSINESS IN PATTAYA

The number of registrations of new businesses has risen significantly over recent years as an increasing number of overseas investors have been exploring and exploiting business opportunities in Thailand. The country’s economy enjoyed healthy growth until the recent global “downtown”, but Pattaya, along with most of the rest of the world, is presently experiencing a slowing down in the pace of economic activity.

doing-business-in-pattaya

This fact alone should not, however, deter a shrewd investor. It is now an established part of conventional wisdom that business and investment opportunities may be even more attractive in the long run, if the investment is made at a time when the economy is “cooling”. As always in business, whether you are an established business person, or a budding entrepreneur, it is a case of identifying the right opportunity  in Pattaya and then working hard to bring your plans to fruition. We commend you to consider choosing and establishing the right business structure, which most appropriately suits your needs, as being analogous to laying down the foundations of a new house.

This is where we hope that you will appreciate the value of our knowledge and expertise. By working in close association with our in-house Thai lawyers we can not only advise you with regards to setting up your business;will suit still we can also assist you in implementing your plans. You will further benefit from our practical advice concerning the “dos” and “don’ts” of doing business in Pattaya and hence, avoid making costly mistakes by identifying and circumnavigating any foreseeable obstacles  which your business may face in the future.

Doing business in Pattaya remains potentially very profitable and is relatively straightforward if you receive the right advice from the beginning. This is where we come in; we can assist in guiding you in a practical and down to earth manner through the otherwise quiet difficult red tape. Let our expertise give clarity to your vision.

 

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Corporate

Business Registration in Pattaya

Business registration in Pattaya

New business registrations in Pattaya have significantly increased over  recent years ; a fact which is reflected in the country’s unprecedented economic growth. Thailand’s growing economy and consequential increase in market demand has attracted many overseas investors who have identified an opportunity to optimize a return on their investment such that they can anticipate making greater profits than they would from making a similar investment in their own country.

Business registration in Pattaya Foreign investors are also attracted to doing business in Thailand for reasons such as strong government incentives and support given  to new businesses. The Thai government also has policies specifically designed to promote the liberalization of business and free trade.  Foreign investors  benefit from Thailand’s modernization over recent decades which has resulted in the establishment of a solid economic infrastructure, including transport, banking, power and telecommunications. If you were visiting Bangkok for the first time, with its plethora of high-rise office, apartment buildings and hotels, you would be hard pressed to distinguish it from any other capital city in the world.  What’s more, the transportation systems are very efficient, with many kilometers of elevated expressways [motor/freeways] which efficiently keep the road traffic from log jamming, and the “skytrain” which is  ultra modern and very popular with commuters.

Last, but not least, Thailand is a beautiful country in which to live and work and, indeed, ultimately retire.  It is widely referred to both as “the land of the smiling people” and “the land of the free”.  Business overheads in respect both of the costs of leasing property or buying property and hiring skilled labour are significantly less than in the native countries of most overseas investors. Living in Pattaya and the cost of living like everywhere else depends on your lifestyle. In our view Thailand’s recent political instability has been largely overplayed by the media. Without a doubt, the tourist industry has suffered, but other businesses have been  unaffected. Thailand is, of course, a monarchy and the King and his family are  universally revered by his  devoted subjects.  This fact underpins the present and future political stability of this emerging economy which is strategically located at the hub of S.E. Asia.

Call our law office in Pattaya today to discuss your business needs in Pattaya, be it is business or bar in Naklua, Jomtien or Pattaya City. We are able to assist you at very reasonable rates!

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Property

Buying Off-Plan Properties in Thailand

Off-plan Thai Property

When venturing into any form of investment, risks are always involved. These pitfalls may exist like booby traps, just lying and waiting for an unsuspecting individual to fall or they simply reveal themselves as the project progresses.

Off-plan properties are not exempted from these risks and in view of this type of property investment, there are at least three sides that must be looked into: the side of the developer, the one who is against it for whatever reasons he may have and the vulnerable one, and that is you.

But, let us set aside your vulnerability in an off-plan property investment because on this article, you will be sitting as the judge and you will weigh the arguments that the developer (the accused) and the contra off-plan property purchase (the accuser) will present unto you.

So, let us begin with the examination of both concrete and circumstantial evidences.

The Developer

Off-plan property acquisition offers discounted prices for the yet to be built units. You will also be given the freedom to select the best units possible and to add with those are the other incentives that the developer will offer you as an off-plan buyer.

For the developer, there is no problem if you only have catalogs, 3D model units and advertisements as your basis for purchasing off-plan. It can guarantee with vigor that whatever you see on these marketing tools will be exactly the same with a completely built one in the future.

The Contra Off-Plan Property Purchase

This person discourages you to purchase off-plan properties because of the risks involved. First, you will already begin payment even if the development is yet to be started or has yet to be finished. He will supplement this with an argument that there is always a possibility that the developer will run out of finances to finish the project.

Another contention of his is the concern on quality of workmanship and materials that will be used will not be the same with those on the advertisements.

And lastly, he attacks the character of the developer by questioning its credentials, financial capacity and overall stature in taking on such project.

The Judge

You find both positions to be valid. You think that there is nothing wrong if the developer will start collecting payments from you even if the project is yet to be started but you also find credence to the argument of the opposition that there is always a risk that the development will not be finished and thereby leaving you hanging.

You also believe the possibility that the developer will not be able to build the property according to the schematics they presented earlier. You think that the 3D model units will not be the same with the actual units once finished. But, as what is said earlier, you only “believe” this possibility and you do not have the factual basis yet for such belief.

In other words, you find it hard to decide which side of argument you will take into consideration and so the best thing for you to do is to have an independent consultation on the matter by doing the standard practice of Due Diligence and a background check on the developer.

  • Due Diligence – This will allow you to check the authenticity of the documents, especially the type of title deed. Due diligence can also help you check the background of the title or property whether it is not subject to any litigations. It will also uncover if the development is allowed on such particular area base on its land classification.
  • Developer Background Check – Your questions about the financial capacity and reputation of the developer will be answered if you will conduct a background check. After gaining pertinent information about the developer, you may now decide whether it is worth your trust and your advance payments or not.
Need Help?

With your limited knowledge on Thai property investment processes, culture and laws, of course you do need help. For proper execution of due diligence and background check on the developer, you need to enlist the services of a reputable registered Thai property lawyer.

The Thai lawyer can access court records for possible litigations involving the title, developer or property agent. He can also do efficient investigations whether the type of development is allowed on the particular area and on the overall status of the developer.

 

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Corporate

Starting a business in Pattaya

STARTING A BUSINESS IN PATTAYA

For some people, establishing his own business is much better and more satisfying than working for somebody else. After all, personally owning a business is having the chance to do things his way and his own time by using his personal methods.

And for starters and veterans alike, Thailand cannot be a bad choice to start a business. Expatriates are very much welcome in the country. Other than that, the economy is on a favorable condition and its government has been continuously revamping its rules and has embarked on initiatives to help facilitate and fast track the establishment of such ventures.

Actually, the availability of guides in establishing, conducting and managing one’s own business in Thailand is enormous. These guides can simply be found everywhere. One can find them at the bookshops, magazines and through the simplest method, searching them through search engines.

But, not every written step found on these guides can simply be done by anyone, especially, to a newbie in doing business in Thailand. Moreover, faithfully following every step do not really guarantee 100% success rate or 100% kink-free processing of the business application though when in Thailand, to minimize the impact of such risks, there are only two things that a beginner in doing business in the Kingdom must remember: never circumvent or violate any Thai laws and do a research.

Doing a research

This does not necessarily imply for an aspiring businessman in Thailand to diligently adhere to the “basics on research methods.” Doing a research simply means, the soon-to-be proprietor in the Kingdom must know everything that he should know with regards to his prospective Thai market.

Yet, when considering Thailand as his business destination, chances are, this business-minded individual already had an idea on what type of venture he will be introducing to the Kingdom.
With research, he will be informed that expatriates are only allowed to engage to a limited number of businesses types as some of them are restricted for Thais only while some may be allowed to foreigners like him.

Other areas of concern that he must consider including to his research are the following but not limited to:

  • Taxation
  • Type of business allowed to expatriates
  • Licensing procedures
  • Incorporating procedures
  • Legal issues
  • Property ownership
  • Required capitalization
  • Labor and related issues

Also, a good research work in Thailand will bring him to the Thailand Board of Investment center, the One Start One Stop Investment Center (OSOS).

Comparing to the guides found on magazines and the internet, the information that the business-venturing individual can obtain at this center will surely be genuine, up to date and precise.

Why is this so?

It is because the OSOS houses every government departments and offices that an enterprising individual needs to approach and inquire.

Here, the aspiring businessman in Thailand can compare the information that he obtained through the magazines, books and the internet or through small talks with established business owners with the information that he will get at the OSOS.

But, aside from obtaining information and if all the necessary documentation are already in place, the businessman can also submit his application at the center too.

Never circumvent or violate any Thai laws

Circumventing or violating the laws in Thailand should never be an option for an aspiring businessman even if doing such will ensure fast facilitation, approval and establishment of his business in the Kingdom.

Like in any other country, he must abide by the laws and policies of Thailand otherwise his application will be rejected or worse, his shop will be closed down and he will find his immigration status in peril if ever he will be granted with the permit and license to operate a business in the Kingdom.

While he can obtain the information on what Thai laws and government policies to follow at OSOS, it will be of his best interest if he will find a topnotch and reputable corporate lawyer or Thai law firm and tap their expert views and opinion on the legal side of conducting business in Thailand.

Not only that, hiring the services of such lawyer or law firm will also help him ensure that his rights as an enterprising expatriate will be protected as guaranteed by law.

 

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