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Condominium Law Condo Inheritance


Condominium practical: Foreign Ownership and Inheritance

Thailand condo handbook Book cover

The not so foreign friendly Thailand Condominium Act: inheritance of a condo by a foreigner.

CONDOMINIUM INHERITANCE. Foreign ownership of condos in Thailand is restricted to foreigners who qualify under section 19 of the Thailand Condominium Act (foreign ownership), but the fact that a foreign individual qualified for ownership of a condominium in Thailand does not qualify his foreign heirs or successors for ownership. Basically the right of foreign freehold ownership ends at death of the foreigner who qualified for ownership under the Condominium Act. Foreign freehold ownership of a condominium is not automatically transferable by inheritance to another foreigner. The Condo Act deals with inheritance of a condominium unit by foreign nationals in section 19/5 (under 1) and section 19/7 of the Condominium Act. Only foreigners who qualify under section 19 of the Condominium Act are eligible and allowed to register ownership of the inherited condominium apartment unit within the 49% foreign ownership quota of the condominium (as specified in section 19/2 (bis) of the Condominium Act B.E.2522).

Who (foreigners) qualifies for ownership of a condo in Thailand

Condos in Thailand may be inherited by foreigners through testamentary or intestate succession, however, in order to legally register ownership of the unit with the Land Department a foreign successor of a condo must submit proof that he qualifies for ownership under section 19 of the Condominium Act. Under section 19 only the following foreigners qualify for condominium ownership registration:

  1. Foreigners permitted to have residence in the Kingdom under the Immigration law;
  2. Foreigners permitted to enter into the Kingdom under the investment promotion law;
  3. Juristic persons as provided in Section 97 and 98 of the Land Code and registered as juristic persons under Thai law;
  4. Juristic persons which are foreigners under the Announcement of the National Executive Council No.281 dated November 24, B.E. 2515 (note: repealed by the foreigner definition in section 4 of the Foreign Business Act) and have obtained promotion certificate under investment promotion law;
  5. Foreigners or juristic persons regarded by law as foreigners who have brought in foreign currency into the Kingdom or withdraw money from Thai baht account of the person who have residence outside the Kingdom or withdraw money from a foreign currency account.

Qualified and unqualified foreign heirs for ownership of a condo

Section 19/5 of the Condominium Act permits qualified foreigners (section 19first paragraph above) to register ownership of the condominium unit acquired by inheritance, as long as the registration does not exceed the 49% foreign ownership quota within the condominium. Condominium Act, the foreigner as provided in Section 19 shall dispose of apartment (section 19/5 under 1): 'when the foreigner or juristic person stipulated in Section 19 (a qualified foreign natural or juristic person) has acquired an apartment unit by legacy in the capacity of statutory heir or inheritor under will or by other means (e.g. gift) as the case may be, and when included the apartment already held by aliens or juristic persons stipulated in Section 19 exceeding the ratio prescribed in the first paragraph of Section 19 bis.'

NoteSection 19/7 of the condominium Act deals with unqualified foreigners (i.e. not listed in section 19, 1 to 5 as listed above). Other foreigners inheriting a condo must sell the unit within 1 year of the acquisition of the unit by inheritance. 

'An alien or juristic person regarded by law as alien other than those specified in Section 19 who acquires an apartment by inheritance as statutory heir or legatee or otherwise, as such case may be, shall notify in writing the Competent Official within a period of sixty days from the date of acquisition of ownership of apartment, and shall dispose of such apartment within a period of not exceeding one year from the date of acquisition of ownership of apartment. If disposition is not made within said period, the provisions of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.'

Ineligible foreign heirs of condominiums

In case of an unqualified foreign heir of a condominium apartment unit the solution could be to become qualified under section 19, e.g he buys the condominium out of the estate for a price at least equal to the government appraised value. In this case he must transfer foreign currency into Thailand equal to the appraised value and exchange it to Thai baht and pay transfer taxes. By exchanging the amount of foreign currency into Thai baht inside Thailand he is able to show a FET-form and qualifies for ownership registration under section 19 No. 5 of the Condominium Act.

When it comes to inheritance by foreigners the Condominium Act is not foreign friendly and in general foreign heirs must dispose of the unit acquired by last will or succession laws within 1 year of the date of acquisition by inheritance. If the successor fails to dispose of the condo the Director-General of the Land Department is authorized to dispose of the condominium and retain a fee of 5% of the sale price before any deductions or taxes.

Inheritance of a leasehold condominium apartment

Inheritance of a leasehold condominium is limited by laws relating to succession of lease right under the Civil and Commercial Code and not governed by the Condominium Act read more...

Comments   

 
#1 Ben 2010-12-18 22:33
I'm Canadian and planning to marry a Thai lady soon. I have a condo in Phuket that I want to transfer to my Canadian daughter before the marriage here in Thailand. A sort of protecting my assets. Will that be allowed under Thai condominium laws?

I spoke to Thailand Law Online and they said it was not possible to transfer ownership without selling it to my daughter on paper at least equal to the government appraised value and paying taxes for transferring it. They also advised that my daughter, as she is foreign, would need a FET form to register ownership and has to transfer foreign currency into Thailand equal to the appraised value of the condo? Sound strange to me! Any confirmation from you guys on this subject?

Thanks
 
 
#2 Samui For Sale 2011-02-03 15:18
That is correct. It is not possible to transfer ownership of a condominium from one foreigner to another without paying tax and complying with the Condo Act. The receiver of the condo must qualify for ownership under section 19 or the land department cannot transfer ownership, simple as that.
 
 
#3 Mansueto Cervantes J 2012-04-10 10:53
I tried to arrange transfer of our condo unit we bought from AD Houses. I had noticed that there are some irregularities since from the beginning. I had discovered that the name of the project were not the same since the advertisement up to the title deed. They violated section 6/1 and section 6/2 of condominium act 2008. Is this a strong evidence that i can fight to them to get back all my monies that have been paid to them?
 
 
#4 Guest 2013-03-03 09:31
I read this quote on another website, please respond:

'in practice there are quite a few condo apartments still for more than one year on the name of a deceased foreigner. When the heirs cannot be found or they don't bother, or don't know, then the condo juristic person or manager starts leasing these units out to cover the condo fees and maintenance costs.

Anyway the land department does not get involved with these condos, the one year period is required, but in practice not enforced.

True? I think so...
 
 
#5 Consultant 2013-05-24 16:08
This is pretty much it, the law says one thing, in practice this section of the condo act is not enforced or cannot be enforced or is ignored by the land department unless someone takes action. Does fit in how things are dealt with in Thailand.