Under Attack?/ or just plain BS

**poorfalang** · 21-08-2013, 08:08 AM

Support sought for bill to curb foreign land grabbers in Phuket and throughout Thailand

PHUKET: -- The Office of the Ombudsman is seeking support for a law to prevent foreigners illegally owning land via nominees.

The legislation was discussed yesterday (August 19) at a seminar organised by the Office of the Ombudsman, which wants to push the bill through for scrutiny by Parliament.

The 40-section bill targets foreigners illegally holding land in Thailand, their legal consultants and their nominees.

Foreigners holding land plots in Thailand illegally would face five to 20 years in prison and/or a fine of B500,000 to B2 million, while the consultants would face two-thirds of whatever penalties are imposed on the wrongdoers.

Under the bill, a committee to investigate “hidden” transactions would be set up.

One provision in the draft allows those found to be holding Thai property illegally to transfer the plots to legitimate entities within one year to avoid being punished.

Ombudsman Siracha Charoenpanij said the proposed law aims to close loopholes being exploited by foreigners.

Mr Siracha became the centre of a heated debate in March last year when he claimed that foreigners owned 30 per cent of all the land in Thailand.

Currently, foreigners may “own” land through a number of channels such as registering a limited company with 51:49 Thai-foreign ownership, or by putting the land in the name of a Thai spouse.

“We must bring to account the foreigners, Thai nominees and legal advisers,” he said.

He said the Office of the Ombudsman would propose a regulation overseeing nominee ownership before the law takes effect. It would require the Interior Minister and his permanent secretary to investigate “hidden transactions” and take legal action against offenders.

Mr Siracha said that based on the office’s study, much of the land in major tourist destinations such as Phuket, Koh Samui and Koh Chang is owned by foreigners.

He said another concern was that foreigners allegedly “seized” agricultural areas through either purchase or lease.

“If we don’t do anything, they will take control of it all – tourism, residential and farming,” he said.

Prasop Butsarakham, a legal adviser to House Speaker Somsak Kiatsuranont, backed the proposed changes.

He suggested Mr Siracha ask major political parties to submit their own versions to parliament to avoid conflicts.

Prasong Lertratwisut, a member of the law reform committee, however, pointed out that the problem lay with lax enforcement of the law.

Mr Prasong said land grabs were widespread among Thai investors and suggested a tax measure to address it.

He said information on land ownership should be made public as this would allow the state to collect taxes on unused land.

**Kurgen** · 21-08-2013, 08:53 AM

Recession is coming, time to nick all that land back from those nasty farrangs.

**piwanoi** · 21-08-2013, 09:06 AM

Originally Posted by Kurgen

Recession is coming, time to nick all that land back from those nasty farrangs.

Well its the nasty farangs that's caused the recession in the first place ain't it ?,well ain't it?, please some one tell me I am right

**poorfalang** · 21-08-2013, 10:24 AM

teakdoor has educated a lot of farrangs about investment in bargirls.
that is why there is a reduction in investment hence the economic slowdown

**Morden** · 21-08-2013, 10:26 AM

I don't understand what this is about.

Foreigners can provide the funds to buy land but, married ones at least, must declare that they have no financial interest. The declaration is a lie but they still do not own or have any lien on land other than an usufruct or lease.

The dummy company scam should be sorted out but, despite statements a few years ago, I know of nothing being done.

It's another government rant against foreigners and that is the worrying thing.

**Norton** · 21-08-2013, 10:51 AM

Just another red herring to divert attention from bigger problems such as land grabs by rich Thais. Land "illegally" owned by foreigners is as significant as a goose bump on a mosquitoes knee cap compared to land grabs by Thais.

**Morden** · 21-08-2013, 10:56 AM

Originally Posted by Norton

Just another red herring to divert attention from bigger problems such as land grabs by rich Thais. Land "illegally" owned by foreigners is as significant as a goose bump on a mosquitoes knee cap compared to land grabs by Thais.

Absolutely correct. In addition, it may be one of several coming attempts to divert attention from the fact that Thailand is in recession.

**ltnt** · 21-08-2013, 11:25 AM

Are Chinese regarded as "Foreigners?" They seem to be buying up parcels of Thailand in great gulps these days.

**Morden** · 21-08-2013, 12:14 PM

Originally Posted by ltnt

Are Chinese regarded as "Foreigners?" They seem to be buying up parcels of Thailand in great gulps these days.

They sure are.

I think that they regard themselves as hard working Thais and a cut above the rest.

**The Big Fella** · 21-08-2013, 01:09 PM

My friend bought a few plots of land here on Samui. He did it through forming a Thai company where he had 49% and the Thai directors the rest. He has now been told that as the thai directors didn't actually put any money into the company the company is illegal and he is worried he is going to lose it or it end up costing him a shed load of money in backhanders etc. anyone here know if this is correct or just the usual bar lawyer BS ?
I said it was BS as I have never heard of a farang getting anything taken whether land or house through using a company.
I use the wife as in the event of anything going pear shaped i have a claim to half of everything which is all I want.

i will get a better deal here than I ever did back in the UK

**Morden** · 21-08-2013, 07:00 PM

Originally Posted by The Big Fella

My friend bought a few plots of land here on Samui. He did it through forming a Thai company where he had 49% and the Thai directors the rest. He has now been told that as the thai directors didn't actually put any money into the company the company is illegal and he is worried he is going to lose it or it end up costing him a shed load of money in backhanders etc. anyone here know if this is correct or just the usual bar lawyer BS ?
I said it was BS as I have never heard of a farang getting anything taken whether land or house through using a company.
I use the wife as in the event of anything going pear shaped i have a claim to half of everything which is all I want.

i will get a better deal here than I ever did back in the UK

It's the law and, unless he runs a legitimate trading company, he's in breach of it. The company, if confronted by the authorities, will have some time to sell the business and its assets before they are confiscated.

**IsaanAussie** · 22-08-2013, 06:08 AM

Thailand would benefit by a complete overhaul of the land titles and ownership laws. I wonder if this is not a "polite" way for the subject to be introduced.

**Khonwan** · 26-08-2013, 03:08 PM

And look at the irony:

CAPITAL TRANSFERS BY THAI RESIDENTS

Purchase of immovable properties abroad is allowed up to USD 10 million per person per year.

Exchange Control Regulations in Thailand

**jamescollister** · 26-08-2013, 04:49 PM

There is no need for new laws, laws are there already, it's the enforcement that wasn't , too many different agencies.

From memory, last year when the Ombudsman first submitted his report to parliament, it was more about getting the enforcement put in the hands of the DSI.
There were parts about a 30% reward of the property value to informants, big money winner and vote getter for the Government.

If the DSI takes over and the rewards come into place, there will be no grace period, informants will want their money.

Few years ago there was a big out cry in the press about some main land Chinese companies taking out 30 year leases on rice land and a Taiwanese company taking out usufructs on rubber plantations. Courts confiscated them in the end, but long process through the courts. This will just speed things up and put enforcement under the one agency. Jim

**Hans Mann** · 26-08-2013, 04:57 PM

Saw some rice fields along the Bang Pahan highway with signsposts in Arabic. What's that all about?

**jamescollister** · 26-08-2013, 06:19 PM

Originally Posted by Hans Mann

Saw some rice fields along the Bang Pahan highway with signsposts in Arabic. What's that all about?

Can't say for sure, but know an Australian company that processes some sort of food additive, coloring and flavor and use the straw from the crop for something else. They process in Thailand, BOI company for export and contract farmers to grow the crop for them.
Maybe something similar, farmers contracted to grow a type of rice for ME export. Jim

**Hans Mann** · 26-08-2013, 07:50 PM

^Hope you're right, there.

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