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Street smart Thai law for expats by real lawyers with real experience.
Family Law
Matrimonial law, laws governing divorce and marriage, last will and testament, succession, parent and child, adoption, guardianship, property of husband and wife, i.e. legal family matters related.
Division of real estate upon divorce in Thailand
A Thai national who is married to a foreigner is allowed to acquire land in Thailand after a joint statement (letter of confirmation) by the couple stating that the money expended on the land is personal property of the Thai spouse and not a Sin Somros (marital property) or personal of the foreign spouse.
Thai Marriage Prenuptial Agreements and Divorce: Division of assets upon divorce
The (limited) freedom of contract in a prenuptial agreement in Thailand
Prenuptial/premarital agreements in Thailand can cover matters relating to personal and common property between husband and wife. A prenuptial must be made in contemplation of marriage, must be in writing and signed by both parties and registered in the marriage registers together with the registration of the marriage. A prenuptial agreement can in its content not eliminate the statutory system of property between husband and wife but it can modify the management over certain common property. A prenuptial agreement in Thailand between a couple planning to marry is commonly used to lists personal assets of each spouse and to establish rights and responsibilities regarding management of the properties during the marriage. It can include the intention how common assets are to be divided upon termination of the marriage, but the prenuptial should not cover subjects like child and spousal support or the making of a will.
Personal Income Tax in Thailand
Under section 41 of the Revenue Code an individual Thai citizen or foreigner who lives in Thailand for one or more periods totaling at least 180 days in any tax (calendar) year is, for tax purposes, deemed a resident of Thailand and subject to tax on all assessable income derived from sources within the country, whether paid within or outside Thailand, and on assessable income derived from foreign sources to the extent that it is brought into Thailand in a year in which income is received. A non-resident individual is subject to tax only on assessable income from Thai sources, regardless of payment location.
Inheritance tax is a levy paid by the person who inherits an estate (money or property) or a tax levied on an heir's inherited portion of an estate. Thailand does not have a specific inheritance tax system, but transferred property or benefits and income that is subject to personal income tax can be found in section 40 of the Thailand Revenue Code.
Inheritance tax proposed in Thailand
Source: The Nation March 1 2006
The Constitution Drafting Subcommittee yesterday floated an ambitious proposal to impose an inheritance tax and land tax as part of an effort to bridge income disparity.
Krikkiat Pipatseritham, a subcommittee member, said that whenever there was a political change in the country, inheritance tax was brought into discussion but never materialised.
Popular Pages
Downloadable prenuptial contract (th-en) for a marriage between a foreign and Thai national
Thai marriage laws are primarily codified in the Civil Code.
The process of ending a marriage can be found in divorce laws section 1501 to 1535.
Practical advice from real lawyers on most common legal issues for expats in Thailand. Samuiforsale provides general Thai legal information and law resources in English over the Internet. The information in samuiforsale should be used as general Thai legal information but should not be treated as a substitute for specific legal advice concerning individual situations.