HOUSE REGISTRATION

Post by **Traveller** » Tue Feb 24, 2009 8:21 pm

Has anyone registered their house recently at the land Dept?

If so what documents did you produce and was it easy?

The land we have is held by a Thai Co and I am the Director. We did the transfer of the land 1 yr and paid the tax at the Land Dept. Then the house went up with construction permit in the developers name.

All complete now with bill of sale, chanote and yellow Registration Book..

What was the cost?

Regards

Post by **JimmyGreaves** » Wed Feb 25, 2009 1:56 am

Who are you registering the house under?

An individual or the company?

Post by **Traveller** » Wed Feb 25, 2009 2:29 am

Hi

I will be registering the house under my individual name.

Super Joe · Post by **Super Joe** » Wed Feb 25, 2009 3:34 am

Check with a lawyer but maybe tricky at the Land Office as the house is actually the Limited Companies 'office' and an asset of the company. Your Limited Company will be liable for Corporation tax (15 - 30%) on the profit they made on the sale of this asset to you as an individual.
Where will the Limited Companies 'office' be now, will you rent the 'office' back to them ?

Not sure why you need to do it if under Limited Company, only worth doing if you're leasing the land off a Thai.

It might attract attention of the reason you formed a company, unless ofcourse your company is really actively trading. Consult a lawyer for sure.

Good luck,

SJ

Post by **Traveller** » Wed Feb 25, 2009 3:56 am

I understand what your saying about attracting un wanted attention at the Land Dept........Thats the last thing that we want!

And I didnt realise that we could be looking at such a high tax bill!

Sounds complex.

We will consult with a good solicitor before we do anything.

Thanks

Post by **crazy88** » Wed Feb 25, 2009 12:05 pm

I'm lost

The company owns the land .The company was formed before the house was built .You would have had to provide an address and photographs of an office to form the company .As the house did not exist this would not have been possible at the house address because it did not exist .Therefore the company office address will be elsewhere unless you have changed it .

Also you already have the house registration book from the tessabahn .What are you trying to register with the land office and why ?

IF you are trying to change the name in the book to be your indvidual name because that is currently not the case then the fee is 20bt at the tessabahn office .I am not sure of exact paperwork required but for sure you will need copies of the book,your passport for id and chanote front and back .

Crazy 88

Super Joe · Post by **Super Joe** » Wed Feb 25, 2009 12:19 pm

Crazy, think he is trying to register the house only into his own personal name like you do when you lease.
You can form a Limited Company before you have an office or even land, you often give the Real Estate agents address until you get your own address. They do insist of photograph's of the office, with company name on front for WP.

SJ

Post by **Traveller** » Thu Feb 26, 2009 4:22 am

The Co name is definently my home address now!

Sure when we formed the Co this was not the case but this has been changed.

I was going to register the house in my individual name but as the Land is owned by my Thia Co then maybe this will problematic. I guess if the Land was leased or in a Thai name Free hold then the process would be alot easiar?

As SJ points out the Co own the assets on the Land so maybe I m just going over the top!

Post by **seasidesurfer** » Thu Feb 26, 2009 8:55 am

Beware when you register anything at the Land Office.
We recently went to register a Usufruct for my Wifes land and they requested 10,000 Baht to carry out the work.
When I questioned this high amount they said how much do I want to pay?
My reply " Whatever the Government requires me to pay" was met with a stoney look and a 5 hour wait before they carried out the work and charged me the grand total of 55 Baht (fifty five) TIT

Post by **JimmyGreaves** » Thu Feb 26, 2009 2:19 pm

You may want to read this:

http://www.thailandlawonline.com/superf ... iland.html

The right of superficies as a real right follows the freehold title of the land and is enforceable against third parties and future (transferee) land owners.

The person granted the right of superficies has the right to sell his right of superficies and, if registered for a period of time, is transferable by way of inheritance.
Building and Land tax is not charged if the person granted the right of superficies uses the property as his residence.

I think that if you have proof that you personally paid for the house and you are the main director share holder of the company then you while be ok. Involving the land office will put you in the hands of the sharks! Make a will however.

Post by **JimmyGreaves** » Thu Feb 26, 2009 2:24 pm

Traveller wrote:I understand what your saying about attracting un wanted attention at the Land Dept........Thats the last thing that we want!

And I didnt realise that we could be looking at such a high tax bill!

Sounds complex.

We will consult with a good solicitor before we do anything.

Thanks

Beware of the solicitors also they can be bigger sharks!