Comments Off on Seminar on BOI promotion with a full house of Bangkok business professionals
FRANK Legal & Tax hosted a seminar on BOI Promotion for Tech Startups, attended by a full house of businesspeople working in the tech and digital sectors in Bangkok.
The event provided an opportunity to explore BOI promotion related to the tech industry in Thailand and gave insights into the various BOI categories that are relevant to IT, software development and tech business.
The audience asked a number of questions based on their own experiences of planning or trying to pursue BOI promotion in Thailand.
The event was a success, drawing attention to the importance of the rule of law in doing business in Thailand, and raising awareness of the ways in which business people in Bangkok can take advantage of BOI promotion.
FRANK Legal & Tax looks forward to continuing events related to important legal issues and we welcome any questions you may have about doing business in Thailand by contacting us at [email protected]
Comments Off on House Registration Book (Tabien Baan)
The house registration certificate Thailand, “Tabien Baan”, is the official resident, house or apartment address registration booklet in Thailand. The house registration book includes the personal information of the persons having their domicile or legal residence at the house or condominium unit in Thailand.
Contrary to what is often presumed by foreigners, this document is not proof of owning a house in Thailand. The Tabien Baan is a document issued by the local municipality (and not the land department) that is part of the official address registration Thailand papers of a home or condo unit. Its practical use is that it proves a person’s place of legal residence (official domicile). A house registration book may state the name of the owner, however in the case of a foreigner owning a house in Thailand who is not a Thai resident, it does not (unless he has official permanent residency in Thailand).
There are two types of Tabien Baan:
The blue tabien baan or blue house registration book (Thor.Ror.14) for Thai nationals (with a blue booklet)
The yellow tabien baan or yellow house registration book (Thor.Ror.13) for foreigners (with a yellow booklet).
Owning a house in Thailand
As proof of person’s domicile, the Tabien Baan is asked on many occasions, e.g. car ownership transfer or land office registration, opening a bank account or when applying for utilities, such as a new electricity or telephone line connection. It also gives Thais the right to vote in the respective district. Since foreigners are usually not registered in a Thai house registration book, where proof of address is required, the ones with a non-immigrant visa may alternatively present a letter of residence. The local immigration office issues such documents. If the foreigner owns a condominium, the title deed in combination with the (empty) blue Tabien Baan and his passport may also serve as proof of residence.
In the case of a foreigner owning a house (separate from the land) or a condominium in Thailand, the blue Tabien Baan is usually empty, unless he has Thai nationals living with him who have their permanent home at this address. It is also possible for the foreigner to request the yellow booklet if he meets one of the following qualifications:
Holding a non-immigrant visa
Having obtained temporary residence in the Thai Kingdom as a special case in accordance with the law on immigration and the declaration of the Cabinet (known as the Ministry of Interior’s Announcement on 1 February 2018, re: Permission to Some Alien for Stay in Thailand as a Special Case); and
A foreigner whose child or children are born within the Thai Kingdom.
Any foreigner who meets one of these qualifications is eligible to apply for a yellow house registration book under Section 38 of Civil Registration Act B.E. 2534 (1991).
The house registration book may provide certain tax advantages as well, mainly related to the resale of a property. In the case of the individual registered in the house registration book, Stamp Duty applies (instead of Specific Business Tax which has a significantly higher rate), if the seller has owned the property already more than one year (instead of five years without house registration). The house registration book provides acceptable proof of that.
Tips for buying condo in Bangkok or buying a house in Thailand
The foreigner or a new house owner may apply to the local municipality for issuing a house registration certificate Thailand within 15 days after the construction of the building is completed, or at any time after the acquisition of the condominium unit. Please see the following requirements for the registration:
Foreigner is the owner of the structure
Foreigner is the condominium unit owner
Original passport including official Thai translation,
Original passport including official Thai translation,
Building permit and layout plan,
Official condominium sale agreement issued by the land office,
Official House Sale Agreement issued by the land office,
Lease agreement at the land office (in case of a long-term lease),
Official Lease Agreement issued by the land office (in case of a long – team lease),
Unit title deed,
Land title deed,
Pictures of the unit
Photographs of the house,
POA (if any)
POA (if any)
After submission, the house registration process will take approximately 30 days, depending on the municipality in charge.
Comments Off on Thailand House and Land Tax Guidelines
Many foreign property owners are not aware of the so-called House and Land Tax (“HLT”). Properties that are subject to HLT include:
• Industrial or commercial buildings
• Houses or structures that are similar to houses
• The land on which industrial or commercial buildings or houses or structures similar to houses are situated.
The government body who is in charge of the collection of HLT depends on the location of the property, for example the Bangkok Metropolitan Administrative (สำนักงานเขตกรุงเทพมหานคร), Municipality Office (สำนักงานเทศบาล), and Tambon (Village) Administrative organizations (องค์การบริหารส่วนตำบล)
Properties that fall into the HLT category pay a tax of 12.5 % of the annual rental value or the annual assessed rental value, whichever is higher. An owner of buildings or other structures on land being consistently used is obliged to file a tax return to the District Office and pay tax by the end of February each year or within 30 days from the date of receipt of the assessment order. The correct form to submit is called “Por Ror Dor 2” in English or “ภ.ร.ด. 2” in Thai. This form is completed with the official statement of the annual rental value of the property for the preceding year. The relevant administrative district may then use this information to re-evaluate the amount of tax due.
An appeal may be filed with the District Office against the assessment order within 15 days. Further appeals may be filed with the Court within 30 days.
In cases where the total tax bill is 9,000 THB or more, a written request may be made to the relevant authority to spread the payment over three equal installments. This must be requested prior to the payment deadline.
Please note that a new property tax system is currently in the process of legislation and it does not include the HLT, so will likely be replaced in the near future. If you have any questions about property tax in Thailand, please contact us at [email protected]