Tax Rules clarifications (from our Law firm office)
I’ve read the article about the tax. It was also posted on Thai visa, and many foreigners think it is a new tax, but actually it’s just the end of the reduced rates. Many do not understand this. There was many confusion among foreigners following this article because they think it is a new tax of 6,5 or a new sales tax of 6,5% for companies selling property.
The confusion is that many think it is a new tax of 6,5% in addition to current tax and fees.
I wrote a short article today following this article you sent for our websites copied below:
————–
Transfer Tax and fees when transferring real estate in Thailand
The temporary reduction on specific business tax from 3.3% to 0.11% on commercial or profitable sale of immovable property, issued March 28 2008, will end March 28 2010. Also the reduced transfer fee for specified real estate properties in the same period from 2% to 0.01% will end 28 March 2010. The current rate reductions have not been extended by the government and will go back to the previous levels of before March 28 2008.
The transfer of real property after March 28 2010 is again subject to a transfer fee of 2% on the government assessed value of the property. There will be stamp duty at 0.5% when the real property is transferred, except in cases where the seller is subject to a specific business tax. Specific business tax will again be charged at the previous rate of 3%, plus a municipal tax of 10% bringing this tax to 3.3%. The transfer of real property is (among others) not be subject to the specific business tax if the seller is an individual and has possessed the property more than five years before the transfer. The transfer is also exempt from specific business tax if the real estate is transferred by inheritance.
In addition to transfer fee, specific business tax and stamp duty withholding tax is charged when transferring real estate property over the registered sale price or appraised value whichever is higher. Withholding tax for companies is remains at 1% over the actual sale price or government appraised value. For individuals withholding tax is charged at a progressive rate with some specific deductions and exemptions and depending on the number of years of possession. Reduction of withholding tax was not part of the governments program to stimulate the economy and will not change after March 2010.
The situation is as follows in case of the transfer of a Condominium by a private owner with 3 years ownership and a value of 5 million baht (this is a sample and the actual calculation by the land department could be different):
Transfer before March 29 2010 (under the temporary rate reduction):
1.Transfer fee 0.01% over 5,000,000 THB = 500 THB
2.Specific Business Tax & Local Tax 0.11% = 5,500 THB
3.Individual Withholding Tax approx 100,000 THB
4.Application fee and others approx 300 THB
Total: 106,300 THB
Transfer of a condominium (value of 5 million) under the normal rates:
1.Transfer fee 2% over 5,000,000 THB = 100,000 THB
2.Specific Business Tax & Local Tax 3.3% = 165,000 THB
3.Individual Withholding Tax approx 100,000 THB
4.Application fee and others approx. 300 THB
Total: 365,300 THB
Before buying real estate in Thailand and before buying property it is recommended to obtain legal advice from legal professionals on the transfer taxes and fees calculation and how these costs should be divided. Too often foreign buyers end up paying more than they should or the end up paying taxes and fees that the seller should pay.