Tessaban Property Tax

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stumorelli
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Tessaban Property Tax

Post by stumorelli » Sat Jul 29, 2017 4:51 pm

Thought I would start a new post as previous one 8 years old and I believe new taxation system since then.

Hope someone can clear this up for me as reading all through previous post there are several different opinions.

I plan to retire to Hua Hin / Cha Am in around 12 months and plan to buy a house. My plan was to have the land in my Thai wifes name and have the house in mine. We will live there together so will this cause me any added expense regarding Tessaban tax ? Or any other issues you can think of.

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Re: Tessaban Property Tax

Post by StevePIraq » Sat Jul 29, 2017 5:25 pm

You don't pay Tessaban tax if outside of the city limit, I don't have to pay anything.

Splitting the house and land is a total other issue, you may wish to read the following thread

viewtopic.php?f=20&t=28516
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Re: Tessaban Property Tax

Post by stumorelli » Sat Jul 29, 2017 6:21 pm

Thanks StevePIraq

I have read that thread from start to finish and still as clear as mud.

The house would be paid in full so no mortgage and the only reason I was thinking about splitting the house and the land ownership is to give me some sort of protection from going out one day and finding the house has been sold from under me without my knowledge. We have been married for over 20 years and I trust her enough not to do that but you never know what can happen if there is a fall out. We rented in Bangkok years ago and moved back to the UK where the property was already in my name.

I know there would be a 50-50 split for divorce but I am looking to see what the best answer is to give me some sort of protection while married.

As for Tessaban tax, I don't mind paying whatever is due but don't want to be doing anything stupid that would increase the amount due.

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Re: Tessaban Property Tax

Post by Nereus » Sat Jul 29, 2017 7:22 pm

I know there would be a 50-50 split for divorce but I am looking to see what the best answer is to give me some sort of protection while married.
What many people tend to overlook is what will happen if their Thai wife should pass away before them. Believe me, having provision made for this is just as a big a deal as whom owns what!

With the Tessabahn tax it also needs to be considered carefully. I have posted about this previously, but the house I have in Hua Hin is in my adopted Thai daughters name. We were advised by a big law company in Bangkok to have a 30 year lease made out to me. This cost about 30K Baht to register, depends on the total amount of the lease, and is paid to the land department.

We were not told by the big shot lawyer, but after 4 years my daughter received a demand from the Tessabahn for 60K Baht, being 15K x 4 years. I had no option but to pay it, and subsequently had the lease cancelled at a cost of 80 Baht! We now pay the Hua Hin Tessabahn just 9 Baht a year, but the current "government" is set on changing that.

I have another contract drawn up with her as a loan for the full amount of the house. As she does not use my name, and is not married to me, no question was asked when the contract was signed. However, you may find that you cannot do that with your legal wife.

You need to find a fluent English speaking lawyer for advice, and not base anything on what is posted here. Any contract drawn up needs to be legally translated into English if you do not read Thai, bearing in mind that the Thai version will prevail in any court.
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Re: Tessaban Property Tax

Post by stumorelli » Sat Jul 29, 2017 11:45 pm

I had not even given thought to what would happen if I did not die first.

I presume I would just have 12 months to sell up ?

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Re: Tessaban Property Tax

Post by StevePIraq » Sun Jul 30, 2017 11:21 am

Do not presume there will be a 50/50 split upon divorce, this does not always happen.
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Re: Tessaban Property Tax

Post by stumorelli » Tue Aug 08, 2017 9:57 pm

So is there any advantage to putting the house in my name and the land in my wife's.

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Re: Tessaban Property Tax

Post by StevePIraq » Wed Aug 09, 2017 8:34 am

What is the point. If the house is in your name can you sell it without the agreement of the land owner. If you separate she can simply say she will not sell the land so you would be stuck.

When you say put the house in your name, do you mean a company name? as it seems this is no longer possible in Prachuap Khirikhan
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Re: Tessaban Property Tax

Post by stumorelli » Sat Aug 12, 2017 4:59 pm

I would not be registering in company name I meant having house registered i my name at Tessaban and land in wifes name.

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Re: Tessaban Property Tax

Post by StevePIraq » Sat Aug 12, 2017 5:08 pm

Is that actually possible, I have always thought you can only have a condo in your own personal name
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Re: Tessaban Property Tax

Post by StevePIraq » Sat Aug 12, 2017 5:16 pm

Why not contact the following legal company, they give free advice, or if you are in Hua Hin go to any lawyer most will give a free first consultation.

http://www.siam-legal.com/realestate/th ... operty.php
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Re: Tessaban Property Tax

Post by Lev » Sat Aug 12, 2017 5:35 pm


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Re: Tessaban Property Tax

Post by StevePIraq » Tue Aug 15, 2017 4:58 pm

Hey Stu, did you follow through with anyone, it would be nice to hear what you have been informed formally either from a lawyer or the Tessaban?

So many threads seem to die without ever having a definitive answer
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Re: Tessaban Property Tax

Post by stumorelli » Thu Aug 17, 2017 10:43 pm

Not yet. Have a few other issues to sort out first but as soon as I get time I will follow it up

Thanks for the advice in the post though.

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