Land Office charges.

[Pragmatic]

I'm considering buying, obviously in the wife's name, a few Rai of top of the range Chanote titled land. What I need to know is what charges I can expect to pay at the name change? Is there taxes to be paid? If so, are they based on sale price? Is anything payable if it's just a name change and no money exchanges hands. I'd appreciate some knowledgeable replies please. Thanks

[boloa]

I have ,in Koh Samui I left to to my Accountant and in Surin my wife.

In Koh Samui I paid back handers so I don't know the correct details and in Surin I think we/I paid about 4k to have some of the families land put into my wife name.
This site my help

Real Property Transfer Taxes and Fees | knowledge

[adzt1]

Sor bor sarm ?

I paid 0.5% or rather I didn't but the person who formally possessed the land did .

[Pragmatic]

This site my help

Thanks for that Boloa. According to that link I'm only liable for 'Transfer Fees'.

In a private sale of real estate property the following division of taxes and fees is recommended:

Specific Business Tax : the seller's duty
Stamp duty : the seller's duty
Transfer fees : the buyer's duty or shared
Withholding tax : always the seller's duty

[jamescollister]

Transfer fees and taxes of immovable property
LAND OFFICE transfer tax of immovable property (land, house, condominium)

• Transfer Fee 2% over the appraised value of the property
• Business Tax 3.3% over the registered (sale) value or appraised value (whichever is higher)
• Stamp Duty 0.5% over the registered value
• Withholding tax;
  • if the seller is a company withholding tax is fixed at 1% over the registered sale value or appraised value (whichever is higher)
  • if the seller is a private person withholding tax is calculated at a progressive rate based on the appraised value of the property

Note on stamp duty and specific business tax (SBT):

• Stamp duty is exempt if Specific Business Tax is charged.
• Business tax consist out of 3% business tax + a municipal tax of 10% assessed on the amount of the specific business tax (total tax 3.3%).
• If the seller is an individual (not a company) Specific Business Tax does not have to be paid if:
  • The seller has possessed the property more than five years before the transfer (the transferred real property has been used as the principal place of residence, and the seller’s name appeared in the house register for not less than one year from the date of acquiring such property).
  • The seller transfers the real property to the legal heir or an heir by a will.
  • The seller transfers the real property to a legitimate child, but not including an adopted child.
  • The seller transfers the real property without consideration to government agencies.
  • The seller transfers the real property without consideration to temples, churches or mosques.

Note; Land office transfer fees and taxes are collected when the real property transfer is registered. The appraised value or government assessed value (land valuation) is set by the Land Department and Treasury Department and adjusted every 4 years with the last valuation in 2011 for the period 01-01-2012 to 01-01-2016. The appraised government values on which fees and taxes are based will be higher from january 2012 - read more

[Pragmatic]

I/we went to the Land Office today. I/we got none of the above mentioned to us. All we did was show them the Land Paper. Tell them how much we are paying, which is 1,500,000 Baht for 3 Rai of Chanote Title land, with house. Total taxes to be paid will be a little under 75,000 Baht. Somewhere in the tax assessment 9% is quoted. I can't find any reference to that percentage on the web. So I need to look further into that. Thanks to all replies.

[Thetyim]

^
When I bought our first house we did the same thing, went down the Land Office and were told 70,000 baht in fees.
We were buying from the bank so we complained to the Bank Manager and he picked up the phone and 30 secs later said "35,000 baht OK with you?"

[sranchito]

Having read over the info on the website, it appears that if the land/house are owner occupied it is exempt. And, the property taxes apply only if the land is leased? Hopefully, I'm reading that correctly.

[jamescollister]

I/we went to the Land Office today. I/we got none of the above mentioned to us. All we did was show them the Land Paper. Tell them how much we are paying, which is 1,500,000 Baht for 3 Rai of Chanote Title land, with house. Total taxes to be paid will be a little under 75,000 Baht. Somewhere in the tax assessment 9% is quoted. I can't find any reference to that percentage on the web. So I need to look further into that. Thanks to all replies.

Trouble in Thailand is that most have bought their jobs and don't really know the law. They do as the next guy says or if no one knows they make it as they go.
Be safe, find a Thai land lawyer, that's all they do is land, buy as agents etc. Not expensive and they will check the titles and usage. Many think if it has charnote you can build a house, not true, land like the west is zoned.
Get a land lawyer and be safe, know people who went on the no problem no one cares, who had it come to bite them on the arse later. Jim

[jamescollister]

I/we went to the Land Office today. I/we got none of the above mentioned to us. All we did was show them the Land Paper. Tell them how much we are paying, which is 1,500,000 Baht for 3 Rai of Chanote Title land, with house. Total taxes to be paid will be a little under 75,000 Baht. Somewhere in the tax assessment 9% is quoted. I can't find any reference to that percentage on the web. So I need to look further into that. Thanks to all replies.

Trouble in Thailand is that most have bought their jobs and don't really know the law. They do as the next guy says or if no one knows they make it as they go.
Be safe, find a Thai land lawyer, that's all they do is land, buy as agents etc. Not expensive and they will check the titles and usage. Many think if it has charnote you can build a house, not true, land like the west is zoned.
Get a land lawyer and be safe, know people who went on the no problem no one cares, who had it come to bite them on the arse later. Jim

Should have mentioned, if it is a new charnot there is some sort of capital gains tax on it. Not sure on the time line, but was told that we would have to pay etc tax on land if it was sold before a certain period. That may be the 9 percent. Jim