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Tax, Real Estate and Arbitration Law Firm in Thailand

Duensing Kippen

Sathorn Square 37th Floor, Suite 3719
98 North Sathorn Road, Silom

Bangkok 10500
Thailand

Phone+66 (2) 1056363
Fax +66 (2) 1056301

Articles Published by Duensing Kippen

 What Does the Building Permit Have to Do with Legal Ownership of a Building?

You might have heard something like the following all too common assertion: “the party named in a building permit is considered to be the owner of the that building.” To have heard such may have been particularly disturbing to many foreigners who are allowed to legally own buildings in Thailand.

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 A Foreigner Can Legally Own Some Thai Land

It is a common misunderstanding that foreigners are per se restricted from owning land in Thailand. One of the most interesting exceptions from the restrictions of foreign ownership of land in Thailand has been enacted for foreigners who bring at least Thai baht forty million equivalent into Thailand for certain prescribed investments.

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 Amity Company: The Thai Company without Thais

The Foreign Business Act (1999) of Thailand (the "Act") generally restricts foreigners from engaging in most business activities in Thailand, without special permission as provided by the Act. Serious violations of the Act by a foreigner or facilitated by a Thai carry significant criminal penalties.

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 Taxation of Personal Rental Income

Many purchasers of real estate in Thailand are not using their newly purchased home as a permanent personal residence. Such assets are often meant to be used as a holiday home only and are unoccupied for the remainder of the year. This article will discuss the taxation of individuals who own real estate in Thailand and who receive rental income from renting out the property.

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 Capital Gain and More 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.

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 When Will We See the End of the Thai House and Land Tax?

If you or your company own a condominium unit or villa here in Thailand that was used for even one day (with or without having actually received rental income) during the tax (i.e. generally the "calendar") year then you or your company will most likely be obliged to pay an annual “house and land tax” (“HLT”) in accordance with the House and Land Tax Act (A.D. 1932) and as further amended.

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 Arbitration in Thailand: The Arbitrators

One of the advantages of arbitration proceedings over domestic court proceedings is the opportunity for the parties to select the person(s) that will decide on the issue in question, the arbitrator(s). In arbitration proceedings the parties are enabled to nominate arbitrators that have a certain specialized and up-to-date know-how that might be required to understand the technical background of the issues in question.

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 Arbitration in Thailand: The Advantages to Arbitration

Arbitration proceedings offer various important advantages to the normal local court proceedings in Thailand.

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 Arbitration in Thailand: The Agreement to Arbitrate

In Thailand, Section 11 of the Arbitration Act (2002)(the "Act") specifically requires that the parties, must enter into a written "Arbitration Agreement" that is signed by both parties. Furthermore, the Arbitration Agreement must state that the parties want arbitration proceedings govern all disputes arising out of a specified legal relationship, like a contract.

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 Your Off-shore Entity’s Rental Income Tax in Thailand

The use of off-shore entities, such as a company incorporated in the British Virgin Islands (“BVI”) to own real estate is not uncommon in Thailand. This article will analyze the tax consequences of an off-shore entity renting out real estate it owns in Thailand.

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 Arbitration - Enforcing Contracts Outside of Thai Courts

If you are doing business in Thailand you might have already had some experience with the local court system. An all too common complaint of the local business community is that court proceedings in Thailand are agonizingly slow.

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