Selling a real estate lease in Thailand — caution, it is not just a matter of “assigning” it
A legal clarification of why selling a lease in Thailand requires both an assignment of rights and a novation of obligations under the Civil and Commercial Code — not a choice between the two, as some commentary has suggested — plus the registration trap that can limit enforceability of the new lease term.
Taxation of personal rental income in Thailand
An overview of how rental income from Thai property is taxed regardless of the owner’s tax residency, covering the 30% standard expense deduction, the personal income tax brackets, withholding tax obligations, and the distinction between owners and sub-leasing investors.
Taxes and fee payable when you sell your land, house, or condominium in Thailand
A breakdown of the government fees and taxes due upon transferring ownership of land, a house, or a condominium in Thailand — covering the transfer fee, withholding tax for companies and individuals, and stamp duty versus specific business tax.
Temporary reduction of Thai real estate transfer and mortgage registration fees: effective 29 October 2015 to 28 April 2016
A summary of three Ministry of Interior regulations temporarily reducing land transfer and mortgage registration fees to 0.01% — covering unregulated land and buildings, property within licensed developments, and condominiums — along with key exceptions to the reduced rate.
Thailand’s (outdated) House and Land Tax, often overlooked and potentially very costly
An overview of Thailand’s House and Land Tax Act (1932), explaining how even brief non-owner use of a property can trigger liability, how the 12.5% rental-value-based tax is assessed, the penalties for non-compliance, and the modernization reform under discussion.
The “collective leasehold”— does it fix your lease renewal problem? – Part 1
Part 1 of our two-part critique of the “collective leasehold” structure marketed to foreign real estate investors in Thailand — correcting several legal errors in a published news article before addressing the structure itself in Part 2.
The “collective leasehold” — does it fix your lease renewal problem? – Part 2
Part 2 of our critique of the “collective leasehold” structure marketed to foreign real estate investors in Thailand — unpacking the tax exposure, nominee shareholder risk, and offshore-structuring problems that leave your lease renewal far from secure.
Overview of Arbitration in Thailand
Duensing Kippen’s arbitration expertise was featured in AmCham Thailand’s T-AB magazine, in an article exploring why arbitration offers a faster, more enforceable alternative to litigating disputes in Thai courts.
MISPLACED HOPES FOR LONGER LEASE TERMS IN THAILAND: the JFCC is heading down the wrong road
A critical analysis of the Joint Foreign Chambers of Commerce’s 2010 proposal to extend Thailand’s 30-year lease term limit, arguing the proposal misunderstands the legal effect of lease registration and that only an amendment to Section 540 of the Civil and Commercial Code can achieve a genuinely longer enforceable lease term.