Under the Civil and Commercial Code of Thailand
a juristic person enjoys the same rights and is
subject the same duties as a natural person.
The Alien Business Operations Acts and Section
97 of the Land Code provide that alien person
includes a juristic person with half of the
shares constituting its capital held by alien.
Therefore, a company has the same rights as a
Thai Person.
Under Section 1144 of the Civil and Commercial
Code, every limited company shall be managed by
a director or directors under the control of the
general meeting of shareholders and according to
the by-law of the company.
Tax aspects
A company is liable to corporate tax only if it
makes profit from the business in any fiscal
year. A dormant company will not pay any tax but
the returns and the balance sheet have to be
filed as usual, once annually for the balance
sheet and twice for tax returns.
There is no property tax on your property if you
keep the property for your own use and not for
commercial purposes.
Mortgage
Foreigners are entitled to acquire mortgages in
their favour as collateral for financial support
to Thais. There is no period limit on such
mortgage. Again, the mortgage fee is 1% of the
amount involved.
If you are purchasing property in
Thailand and you want to pay in Thai Baht ensure
that your funds are transferred into Thailand in
foreign currency and converted to Thai Baht
here.
The reason for this is that the receiving bank
will issue a Thor Tor 3 Certificate confirming
the transaction.
The relevance of the Thor Tor 3 Certificate is
that it is one of the documents you will need in
the future if you wish to repatriate funds
without incurring tax penalties.
Also, be aware that Banks will only issue
Thor Tor 3 Certificates for individual inward
transfers exceeding 10.000 US.
Repatriation of investment funds and repayment
of overseas borrowing in foreign currency can be
remitted freely upon submission of supporting
evidence.
One of these documents would be the Thor Tor 3
mentioned above, or in respect of a foreign
currency loan, the loan contract. Remittance of
funds without proper documentation could be
regarded as income and become liable for lax.
Most real estate agents and property developers
in Pattaya prefer to simplify the process by
allowing you to purchase your property in
foreign currency.
Your money is usually transferred directly into
one of their offshore accounts. They will set up
the freehold for you directly on
remittance of this money.
When the time comes that you wish to sell your
property you simply sell it on, in foreign
currency.
True land title deeds are officially called
Nor Sor 4 Jor or more commonly "Chanote" and are
issued by the Pattaya Provincial Land Office.
Land held under Chanotes are accurately surveyed and
GPS plotted in relation to a national survey grid
and marked by unique "numbered" marker posts set in
the ground.
All land purchased from the company is issued with
chanute land titles.
Land in Thailand is measured in Rai, Ngan
and Talang Wah.
1 Wah = 4 m2
1 Ngan = 100 Wah or 400 m2
4 Ngan = 1 Rai or 1600 m2
In comparison to Western Standards:
2.50 Rai = 1 Acre
6.25 Rai = 1 Hectare