Investment
Prospect Villa Owner and Investment Option
PRE PURCHASE
Yes, foreigners are generally allowed to own property in Thailand, but there are some restrictions and regulations that apply. The specific rules and limitations depend on the type of property and the foreigner’s status in Thailand.
Land: Foreigners are generally not allowed to own land in Thailand on a freehold basis. However, there are certain exceptions and alternative options available:
Leasehold: Foreigners can lease land for up to 30 years (with options to renew) under a registered lease agreement. The lease can be registered at the Land Department for additional security.
Thai Company: Foreigners can set up a Thai company and purchase land in the company’s name. However, it’s important to note that the company must have Thai majority ownership (51% or more) to comply with the law. It’s advisable to consult with a lawyer or legal professional to understand the requirements and implications of this option.
Investment Promotion: Foreigners who invest a significant amount in certain approved industries or projects may be eligible for special privileges, including the ability to own land. These investment promotions are subject to specific conditions and criteria set by the Board of Investment (BOI).
For the prospect buyer, we recommend to seek advice from a qualified lawyer or legal expert with expertise in Thai property law to ensure compliance and to understand the most up-to-date information.
Purchasing land or houses in Thailand can also be done by way of a company registered in the Kingdom. If a company buys property that is already constructed in full, then you are required to pay 100% of the total sum upfront. If the property is unfinished, then there is a requirement for a 25-30% initial payment, with the remaining 70-75% paid upon completion of the property.
It is important to note that where payment is made through foreign currency, that this payment has to be certified by both Credit Advice (receipt) and certification from bank. Without this, the buyer cannot transfer the property to his or her name. This system is necessary to allow the Government to monitor funds flowing into the country. As such, please do not attempt to pay by cash. You will need to transfer the payment via telegraphic transfer to the seller’s bank account so that there can be a legitimate record of the transaction.
In the case of foreign owners passing away, the individual who will inherit the property is required to appoint a lawyer to prepare a proof of evidence for the inheritance. The inheritor will also have to pay a fee as required by the Department of Lands. Furthermore, the inheritor will be subject to inheritance tax; however, this only applies to a total property value of more than 100 million baht. Where the value is less, inheritance tax does not apply.
Buying a house in Thailand is typically done through an agent. There is no legal requirement to involve a lawyer. Generally, the agent would draft a standard agreement encompassing all the details of the purchase to be signed by the seller and the buyer. Purchasing a house can also be done directly, without an agent. However, we recommend that you use an agent as this person not only understands the local market but will also represent you with your best interests at heart.
Either way, you should familiarize yourself with the Thai legal process before buying a property in Thailand. Furthermore, while a lawyer is not legally required, it is advisable to have one to assist you with the process. Legal jargon and legislation can be complicated to decipher, so it is desirable to have an expert to help you.
Long Stay Visa
With many foreigners choosing Thailand as their retirement home, a Long Stay Visa has become an attractive option. However, please note that to be eligible, you must be at least 50 years old, have no prohibiting qualifications as stated under Thai law, and have obtained Thai Non-Immigrant Visa before. Moreover, you must not work and receive a salary in Thailand. The visa must be renewed annually with proof that you earn a monthly income of at least 65,000 baht, or have a bank balance of 800,000 Baht within the past 3 months. Otherwise, within one year, you must have a yearly income combined with a bank deposit which is no less than 800,000 Baht.
Investment Visa
An Investment Visa is another viable option. If you buy a condominium for at least 10 million baht, and if you have obtained Thai Non-Immigrant Visa previously, you can then apply for an Investment Visa which allows you to stay in Thailand for a year. To extend your stay, you can renew your visa on an annual basis.
Elite Visa
If you are unable to obtain a Retirement or Investment Visa, then you could consider applying for an Elite Visa. You can learn more about the Thailand Elite Residency Program at www.thailandelite.com
***As property ownership laws are subject to change, should you plan to purchase property in Thailand and wish to stay in the kingdom, we strongly suggest that you consult with an immigration lawyer or with your local Thai Embassy or Consulate.
Lease Hold: Lease Registration Fee
There are two options for a lease term, both of which are for your protection as they ensure that your contract is enforceable in a court of law. For a short-term lease of not more than three years, a lease registration is not required for it to be enforceable in a court of law. However, if you plan a lease term of more than three years or up to 30 years, you must register with the Land Office to ensure enforceability in court. Presently, the Lease Registration Fee is at 1.1% of the total rental fee for the entire lease term. Usually, it is paid equally by the lessor and lessee.Free Hold: Transfer Fee
For the buyer of a freehold property, a transfer fee is required. It is calculated at 2% of the property’s official appraised value. The transfer fee is payable by either the buyer or the seller, depending on the agreement between the two parties as stated in the Sale and Purchase agreement. Once the ownership is transferred, the transfer fee must be paid to the Department of Land on the same day.Table A: Summary of Expenses for a Developer and a Buyer
LEASE HOLD | FREE HOLD | REMARK | |||
---|---|---|---|---|---|
REPONSIBLE PARTY | DEVELOPER | BUYER | DEVELOPER | BUYER | |
EXPENSE | |||||
LEASE REGISTRATION FEE | 1.1 % | Normally, the expenses is split between the developer and buyer equally or as agreed by both parties. | |||
TRANSFER FEE | 2 % | Normally, the expenses is split between the developer and buyer equally or as agreed by both parties. |
PURCHASE
Please contact our sales representatives who can make suggestions and advise you through the process, alternatively email us at hello@aestatevilla.com for more information.
Naturally, the most important criteria that the banks require from applicants is a proven source of regular income. This income does not need to be received in Thailand; however, you will need proof of any such income source for the bank to consider your application. With this in mind, be prepared to provide original copies of pay slips and bank statements. Each bank will have specific criteria so it would be prudent to check with them beforehand in the event you are travelling from overseas.
It is important to note that if you are over the age of 60, then you are not eligible for a home loan in Thailand. This condition is made based on the assumption that people older than 60 years of age are unlikely to have a regular income which would last the term of the loan application. For those under 60, you should also be aware that any proposed mortgage must be paid off in full before the borrower’s 60th birthday.
It is always good to have choices, especially if the choices offer great incentives in return. Generally, there are two options, off-plan developments and completed developments. Below is a list of advantages for each which will allow you to consider what is the best choice for you.
For off-plan projects. The advantages include:
- You can buy the property before completion, giving you a lot more opportunity to customise the property. You can then consider how to decorate and select furniture and appliances to suit your tastes as well as budgetary needs.
- If the property is part of a larger development you will have a variety of property size options to choose from.
- The earlier you buy off plan, the better as Developers will tend to offer promotional discounts at the beginning of a project. These savings can be substantial depending on how early you view the property.
- Perhaps the best incentive is you will be able to sell the project before it is completed and even potentially make a profit.
The second option to consider is completed projects, which also have a distinct advantage that you should be aware of. The benefits of these types of properties include:
- If you wish to make an immediate return on your investment, you should be able to rent out the property right way.
- The final product will be readily available for your inspection, as you don’t have to wait for construction completion. Therefore, this is beneficial if you are looking for a fast turnaround.
- An established property in a popular location is always likely to grow in value, meaning should you wish to move on, you should be able to do so more quickly and with a positive return on the property sale.
Buying a villa in Ao Nang, Thailand, can be a good investment option for several reasons:
Tourist Destination: Ao Nang is a popular tourist destination in Thailand, known for its stunning beaches, limestone cliffs, and access to nearby islands such as Phi Phi and Railay. The area attracts a significant number of domestic and international tourists throughout the year, which creates a strong demand for accommodation.
High Rental Demand: Due to its attractiveness as a tourist spot, there is a consistent demand for short-term vacation rentals in Ao Nang. Many tourists prefer the comfort and privacy of a villa over hotels, especially for family or group travel. Investing in a villa can provide an opportunity to capitalize on this rental demand and generate substantial rental income.
Growing Tourism Industry: Thailand’s tourism industry continues to grow, and Ao Nang is benefitting from this trend. The government’s efforts to promote tourism, infrastructure development, and increased accessibility to the area have contributed to its rising popularity. Investing in a villa in a thriving tourism market like Ao Nang can yield long-term benefits as the industry expands.
Capital Appreciation: Ao Nang has experienced steady property value appreciation over the years. The combination of its natural beauty, tourist appeal, and development potential has contributed to an increase in property prices. Investing in a villa now can potentially lead to capital gains in the future as the area continues to develop and attract more visitors.
Lifestyle Benefits: Apart from the investment potential, owning a villa in Ao Nang offers the opportunity to enjoy a high-quality lifestyle. You can use the villa for personal vacations or as a second home, providing a retreat in a beautiful destination whenever you desire.
It’s important to conduct thorough market research, assess the specific location within Ao Nang, analyze rental potential and expenses, and consider factors such as property management and legal regulations. Consulting with local real estate professionals and experts can provide valuable insights to make an informed investment decision.
POST PURCHASE
As an owner, you have the legal right to sell or rent out a property. However, there are requirements and costs associated with it. Furthermore, by law, you will need a Credit Advise (receipt) as well as certification from the bank to transfer money back to your home country.
Costs associated when reselling
- Lease Hold: Lease Registration Fee
There are two options for a lease term, both of which are for your protection as they ensure that your contract is enforceable in a court of law. For a short-term lease of not more than three years, a lease registration is not required for it to be enforceable in a court of law. However, if you plan a lease term of more than three years or up to 30 years, you must register with the Land Office to ensure enforceability in court. Presently, the Lease Registration Fee is at 1.1% of the total rental fee for the entire lease term. Usually, it is paid equally by the lessor and lessee. - Free Hold: Transfer Fee
For the buyer of a freehold property, a transfer fee is required. This is calculated at 2% of the property’s official appraised value. The transfer fee is payable by either the buyer or the seller, depending on the agreement between the two parties as stated in the Sale and Purchase agreement. Once the ownership is transferred, the transfer fee must be paid to the Department of Land on the same day. - Stamp Duty
Stamp Duty is applicable where specific business tax (SBT) is not applicable and in the case where an individual owns the property for five years or more. The rate is 0.5%. - Specific Business Tax (SBT)
If a company or individual has held a property for less than a five year period, and decide to sell the property, SBT is required. The tax rate is currently at 3.3% (which includes municipal tax) calculated from either the sales price or the official appraised value of the property, whichever is higher. - Withholding Tax (WHT)
Where the seller is a company, the WHT is calculated at 1% of the sales price or the official appraised value, whichever is higher. Under the revenue code of Thailand, an individual who makes money from selling a property, whether it is land, houses or condominiums, must also pay WHT. This tax is calculated at a progressive rate based on the official appraised value of the property.
Table A: Summary of tax obligations for a seller (both an individual and a company) and a buyer
LEASE HOLD | FREE HOLD | REMARK | |||
---|---|---|---|---|---|
REPONSIBLE PARTY | SELLER | BUYER | SELLER | BUYER | |
EXPENSE | |||||
LEASE REGISTRATION FEE | 1.1 % | Normally, the expenses is split between the developer and buyer equally or as agreed by both parties. | |||
TRANSFER FEE | 2 % | Normally, the expenses is split between the developer and buyer equally or as agreed by both parties. | |||
SPECIAL BUSINESS TAX (SBT) | 3.3 % | Apply when the property has been held less than 5 years | |||
STAMP DUTY | 0.5 % | Apply when the property has been held 5 years or more | |||
WITHHOLDING TAX | 1 % (in case the seller is a company) | If the seller is an individual the WHT is calculated at progressive rate based on the official appraised value of the property. |
Example of how to calculate WHT for an individual seller
A. Personal Income Tax Table (For calculating WHT When Selling Property)
INCOME (BAHT) | TAX RATE | MAX. TAX BRACKET (BAHT) | CUMULATIVE TAX | |
---|---|---|---|---|
FROM | UP TO | |||
0 | 150,000 | 0% | 0 | 0 |
150,001 | 300,000 | 5% | 7,500 | 7,500 |
300,001 | 500,000 | 10% | 20,000 | 27,500 |
500,001 | 750,000 | 15% | 37,500 | 65,000 |
750,001 | 1,000,000 | 20% | 50,000 | 115,000 |
1,000,001 | 2,000,000 | 25% | 250,000 | 365,000 |
2,000,001 | 5,000,000 | 30% | 900,000 | 1,265,000 |
5,000,001 | And above | 35% | N/A | N/A |
*the first 150,000 thb is not exempt for the resale of properties
B. Deductible Expense When Selling Property
YEARS IN POSSESSION | EXPENSES (% OF PRICE) |
---|---|
1 | 92% |
2 | 84% |
3 | 77% |
4 | 71% |
5 | 65% |
6 | 60% |
7 | 55% |
8 or more | 50% |
C. Related Fee and Tax When Buying / Selling Property
RELATED TAX (SELLING PROPERTY) | TAX RATE | REMARK |
---|---|---|
Transfer fee | 2% | Usually buyer and seller split this fee 50:50 |
Specific Business Tax | 3.3% | Apply only if selling property in possession < 5 years |
Stamp Duty | 0.5% | Apply only is selling property in possession >= 5 years |
Income Tax (or WHT) | REFER TO TABLE A |
- • The seller sells a condominium unit within 3 years from the acquisition date.
- • The condominium unit has an appraised value in amount of 3,000,000 Baht.
- 1) Deduction of expenses based on the number of years in possession
77% of 3,000,000 = 2,310,000
3,000,000 – 2,310,000 = 690,000 - 2) Divided by the number of years in possession
690,000 / 3 = 230,000 - 3) Calculation of tax payable based on the personal rate of income tax
5% of 230,000 = 11,500 - 4) Multiple by the number of years in possession
11,500 x 3 = 34,500
- 1) Deduction of expenses based on the number of years in possession
If you have further questions, please consult with your local tax consultant.
Costs associated with renting property
- Commission for renting out properties
It is normal that the standard commission rate for the agent is equal to one month’s rent. This also tends to apply to agreement renewals. While this is generally the case, you will need to confirm with your preferred real estate agent. It should be noted, however, that an agent is not legally required, meaning that an owner can choose to rent out the property directly without having the bear the cost of commission.
There are four ongoing costs which you should be aware of when purchasing a property in Thailand.
First, is the “sinking fund”. This is a one-time payment to the juristic officer who will keep this in a fund for major renovations to the property. An example of this would be repainting the building or replacing the elevators cars.
There is also what is known as the “common fee”, which is typically paid annually for operating costs such as security, maid service, in-house staff and gardeners. Thirdly there is a charge for the installation, insurance, and service charge of electricity meters.
Lastly, there are miscellaneous administrative expenses such as the transfer of ownership at a local district land office.
Aestate provides a seamless property investment experience. Our extensive range of integrated services is designed to enhance and simplify the lives of our homeowners.
RESALE & LEASING SERVICES
With 20 years of experience in retail and hospitality, we are well-established in the domestic market with a track record in leasing and property management services. With a wide array of professional service options and a dedicated team, we are always ready to assess customer needs and deliver hassle-free property management solutions.
AESTATE HOME SERVICE APPLICATION
Home Service is an all-inclusive smart application that lets you manage every aspect of your Aestate property – from before the ownership is transferred, through to moving in. With Home Service, you can follow news, receive updates on completion times, communicate with building management, report problems requiring repair, and receive status reports on work progress. Our convenient app provides you with a direct line to your building management team, who are on hand to assist you with both day-to-day issues and long-term solutions for your rental/resale requirements.
PROPERTY CARE MANAGEMENT PROGRAMME
For investors residing outside Thailand, having a reliable representative for hassle-free property care and management is crucial. Our customized services assist property investors by handling essential tasks such as evaluating maintenance issues, negotiating major repairs, coordinating with tenants to address any concerns, organizing monthly rental payments, conducting semi-annual reports on furniture and appliance conditions, and consolidating and invoicing utility expenses, if applicable.
HOME CARE SERVICE
Our service is tailored to help you maintain every aspect of your property. Simply submit a request through the Aestate inquiry inbox, and our professional team will be ready to assist you.
In conclusion, owning property in Thailand is straightforward, but like anything else, understanding the necessary processes and procedures is essential. The best investments offer the best returns, and the best consultations and representation come from a well-recognized developer with deep market roots and expertise in owning properties in Thailand. We are here to assist you in every possible way.
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