Publications
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As a part of our corporate social responsibility commitment DUENSING KIPPEN provides regular legal column contributions to numerous international, national and local hard and soft copy publications including: our regular legal column in The Phuket News newspaper, Mondaq, the Danish - Thai Trade News, Tropical Living magazine, Director magazine, Exotiq magazine, Samui - Phangan Real Estate magazine, The Pattaya Mail newspaper, Samui Express newspaper, Chiang Mai Mail newspaper and many others. We also make these publications available here below.
Can you turn an apartment or office building into a hotel or condominium?
With the continued development and proliferation of new hotels and condominiums in the face of may unused or underused older pre‐existing office and apartment buildings in places like Bangkok and Phuket, some have wondered if it would not be an environmentally wise as well as an economically prudent move for a prospective hotel or condominium developer to consider refurbishing such a pre‐existing structure for their purposes. At the same time it seems there is common misconception that such a conversion of a building is not possible under Thai law.
Can your heir inherit your freehold condo . . . are you sure?
If you are a foreigner who has purchased a condominium unit on a freehold ownership basis in Thailand, you may be under the impression that part of the value you purchased was the peace of mind in knowing that you could easily leave the unit to your heir. However, if your heir is also a foreigner then, unfortunately, this is only partially true.
Can your heir inherit your freehold condo? UPDATE
If you are a non‐Thai who has purchased a condominium unit on a freehold ownership basis in Thailand, you may be under the impression that part of the value you purchased was the peace of mind in knowing that you could easily leave the unit to your heir. For quite sometimes the inheritance of a condominium unit by a non‐ Thai person or entity was the subject of legal debate in Thailand.
Capital gain . . . but more tax than your company bargained for
What people commonly suspect in the Thai real estate market is that if a company sells immovable property such as land it is subject to a specific “capital gains tax” or that the sale of that land is taxed at the corporate income tax (“CIT”) rate of 30%. However, such is not necessarily the case.
Changes to the Phuket land use zoning regulations
On 6 July 2011 the Ministerial Regulation Regarding City Planning of Phuket Province (2011) (the “MR”) was issued and went into effect pursuant to the Town and City Planning Act (1975) (the “Act”). The MR divides the land in Phuket Province into sixteen different land use zones.