SanuiForSale
กฏหมายไทย isn’t simple
Intentionally underdeclaring land and house or property taxes or avoiding tax liabilities is an illegal practice under Thai laws (tax law). When caught evading taxes criminal charges and (substantial) penalties could be applied.
Revelations by the Ombudsman that one third of land in Thailand is owned by foreigners, some of it illegally, has raised concerns about whether authorities are doing enough to police land ownership laws.
The figure is based on research by Assoc Prof Piyanut Potawanit, a law lecturer at the National Institute of Development Administration. She explains ways around the problem in an interview with Bangkok Post reporter Mongkol Bangprapa. Here are the excerpts:
Several former high-ranking officials at the Interior Ministry were involved in land scams in Phuket and Phangnga provinces, the Office of the Public Sector Anti-Corruption Commission has found.PACC chief Pol Col Dusadee Arayuwuthi said the officials were involved in the misappropriation of more than 100 public land plots in the two provinces.
NATIONAL SECURITY SEMINAR (THAILAND)
Some 100 million rai of Thai land is owned by foreigners, mostly through their Thai spouses or nominees, Auditor-General Sriracha Charoenpanit revealed yesterday. He said if this situation was unsolved, it could lead to later generations of Thais having no land to live on. Sriracha told a seminar yesterday on concealed juristic acts that threats to national security came from: firstly, drug problems ruining people, and secondly, the lack of land for future generations, as foreigners now owned a third of Thai land - about 100 million rai.
About 90% of beach land in Phuket is controlled by foreigners through Thai nominees, a leading research body has found. A similar situation exists in other prime tourism destinations in provinces such as Chiang Mai and Rayong.
There are two types of property developments in Thailand:
The official government licensed condo and larger housing developments seem somewhat safer because there is government control and these developments must have obtained various licenses and approvals. In addition the sale contracts must comply with minimum contract standards (sample regulation and sample news article) and consumer protection laws. The standard sale contracts must comply with ministerial regulations and are approved as part of the licensing procedure of the project. It offers some protection and guarantee for the freehold purchasers in these developments.
Source Bangkokpost January 29 2007
Foreign investors holding property through shell companies using Thai nominees have been warned to restructure their holdings or face prosecution. ''Foreigners using shell companies to buy housing across the country are violating two laws. One, the Land Act that forbids foreigners from holding land and two, the Foreign Business Act by using nominee structures. I recommend that they restructure,'' Commerce Minister Krirk-krai Jirapaet told foreign journalists at a dinner talk on Friday. Under Thai law, he pointed out, foreigners can only own land if they have businesses promoted by the Board of Investment, under the Industrial Estate Act or with written permission from the Interior Ministry.
Published (BangkokPost): 19/01/2009 at 11:18 AM
Fifteen years ago, then the Democrat-led government was forced to dissolve the House after it was humiliated by the Opposition in the parliament over abuses of power in the sor por kor 4-01 land scheme. Today, it wants to resurrect the same programme.
The spectre of the sor por kor 4-01 land reform scandal which toppled the Democrat-led government back in 1984 is returning to haunt the government of Prime Minister Abhisit Vejjajiva. This time around however the government appears determined to revive the controversial land reform programme and to recoup its bad name in association with the land reform scheme.
When ownership of a condominium apartment in Thailand is transferred taxes and fees are collected at the time of transfer by the land offices where the transfer of ownership takes place. Transfer of ownership of a condominium unit in Thailand is subject to the following government fees and taxes:
