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Land, building and local taxes

Owning Thai property costs little every year and a great deal on the day it changes hands.

Two very different tax regimes attach to Thai real estate. The annual one — land and building tax collected by the local administration — is modest and depends on how the property is used. The transactional one, charged at the Land Department when ownership moves, is where the real money sits: the transfer fee, then whichever of specific business tax and stamp duty applies, then a withholding charge deducted from what the seller walks away with. Buyers and sellers who never separated the two are the ones who arrive at the transfer counter with a figure they did not budget for.

Short answer

Land and building tax is assessed annually by the local administrative organisation on the appraised value of the land and structures, at rates that differ by use — agricultural, residential, other or vacant — with statutory exemption thresholds for a principal residence and progressively higher treatment for long-unused land. On transfer, the Land Department collects a transfer fee based on appraised value, then either specific business tax (sales by a dealer, or inside the statutory holding period) or, failing that, stamp duty, and finally a withholding charge computed on the seller. Rental income is taxable income and must be reported, and a company owner also faces corporate tax on gains and rent.

Annual land and building tax: how the use category decides the bill

The annual tax is calculated on the government appraised value rather than the price paid, and the applicable rate band depends on how the property is actually used: agricultural use, residential use, other use such as commercial or rental, and vacant or unused land. Residential property enjoys the most favourable treatment, and an owner whose name appears on the house registration of a principal residence benefits from an exemption threshold that removes most ordinary homes from tax altogether.

The categories are decided by real use, not by the label on the title deed or the company's intention. A house let out year-round is commonly treated as other use rather than residential, and a plot left idle drifts into the vacant-land treatment, where the rate escalates over successive years of non-use precisely to discourage speculative holding. Owners of empty land who plant something without a genuine agricultural operation rarely achieve the reclassification they were hoping for.

Assessment notices come from the local administration on its own timetable, and the right to contest an assessment or a use classification runs from receipt of that notice. Owners who live abroad and never see the notice lose both the discount for early payment and, in some cases, the ability to challenge a classification without penalty. Signage tax, charged separately on business signs, catches commercial owners in the same way.

Transfer day: the four charges at the Land Department

A transfer of land or a condominium unit attracts a transfer fee calculated on the appraised value. Then comes one of two mutually exclusive charges: specific business tax, which applies where the seller is dealing in property or is selling within the statutory holding period, and stamp duty, which applies where specific business tax does not. Specific business tax is the significantly heavier of the two, which is why the holding period and the seller's status change the economics of an early resale.

Withholding tax on the seller completes the picture, and its calculation differs by seller. For an individual it is computed on the appraised value using a formula that deducts a percentage by years of ownership and applies the personal income tax scale to the remainder. For a company it is a flat percentage of the higher of the appraised value or the sale price, credited against corporate tax for the year.

Who pays what is a matter of contract, not law. The Land Department collects from whoever is at the counter, so a sale and purchase agreement that says nothing about apportionment produces an argument on transfer day. We write the allocation into the agreement, together with the mechanism for the deposit and the timing of payment, so the figures are agreed before anyone travels to the office.

Rental income, company ownership and lease structures

Rental income from Thai property is taxable in Thailand regardless of where the owner lives or where the money is received. For an individual it falls into the personal income tax scale with a standard deduction or actual expenses, and it is reported in the mid-year and annual returns. Foreign owners who receive rent into an offshore account frequently assume the income is invisible; bank records, agency statements and tenant declarations regularly establish otherwise.

Company ownership changes the analysis rather than removing tax. Rent is corporate revenue, expenses are deductible with documentation, and the company files monthly withholding and, where registered, VAT on services provided alongside the lease. Corporate structures also come with the annual audit and filing obligations, and with the scrutiny that follows a company whose only activity is holding a house occupied by its shareholder.

Long leases are the other common structure. Any lease longer than three years needs Land Department registration before its full term binds anyone, and registration itself carries a fee and stamp duty based on the total rent. Rights of superficies, usufruct and habitation each have their own registration treatment. Where a lease is used as a substitute for prohibited foreign land ownership, the risk is not tax but the enforceability of the arrangement.

Inheritance, gifts and passing property on

Thailand levies inheritance tax on estates above a high statutory threshold, at rates that differ for descendants and ascendants compared with other heirs, and a gift tax regime sits alongside it for transfers made during life. Most ordinary family estates fall below the threshold, but a portfolio of Thai property can exceed it, and the position deserves checking before a transfer is structured rather than after.

The procedural obstacle is usually larger than the tax. Thai property in a deceased owner's name cannot be transferred on the strength of family relationship alone: the court appoints an estate administrator, and only that appointment allows the Land Department to register the transfer to the heirs. A valid Thai will shortens the process considerably, and its absence adds months at the least convenient time.

Foreign heirs face an additional layer. Inheriting land is possible, but continued ownership by a foreign national is restricted in practice, and disposal within a set period is commonly required. Condominium units and bank deposits follow different rules from land, so an estate plan for a mixed portfolio needs to address each asset class separately.

How the work runs, step by step

  1. Step 1

    Title and use review

    Title deed, appraised value, actual use, house registration position and any lease or right registered against the land.

  2. Step 2

    Annual tax position

    Use category and exemption confirmed, assessment notices reviewed, signage tax checked for commercial premises, and objections filed where a classification is wrong.

  3. Step 3

    Transaction modelling

    Every Land Department charge quantified for this seller and this holding period — transfer fee, the applicable sale tax, and the seller's withholding — before a price is agreed.

  4. Step 4

    Contract and transfer

    Cost allocation written into the sale and purchase agreement, funds and deposit mechanics set, and attendance at the Land Department to complete registration.

  5. Step 5

    Ongoing reporting

    Rental income returns, monthly filings for a corporate owner, and a review of the estate position for owners intending to pass the property on.

What you send us

  • Title deed or condominium unit title, with the current registered encumbrances.
  • Government appraised value assessment for the land and structures.
  • House registration book and identification of the persons registered at the address.
  • Local land and building tax assessment notices and payment receipts.
  • Sale and purchase agreement or draft, and any registered lease agreement.
  • Rental agreements, agency statements and bank records for rent received.
  • For company owners, the affidavit, shareholder list and latest audited accounts.

Where things usually go wrong

Assuming a rented-out house stays in the residential rate band

Actual use governs the category. A property let year-round is generally assessed as other use, at a materially higher rate than the owner budgeted for.

Never receiving the assessment notice

Overseas owners who leave no local contact miss the notice, the early-payment discount and the window to contest a use classification. A local correspondence address solves it.

Signing a sale agreement that is silent on taxes

With no allocation clause, transfer day becomes a negotiation at the counter. Specific business tax on an early resale is large enough to break a deal at that point.

Selling within the holding period without modelling the cost

A resale inside the statutory period moves the transaction from stamp duty to specific business tax. Timing the sale by weeks sometimes changes the net proceeds substantially.

Leaving a long lease unregistered

A lease beyond three years is enforceable only for the initial period unless registered at the Land Department, so the tenant's long-term security depends on a registration step that is easy to skip.

Government fees and professional fees, separated

The ranges below reflect what our own files cost so you can budget before committing. An itemised quote is issued before work begins.

ItemOfficial feeOur feeNote
Annual land and building taxRate band by use category applied to appraised value, with statutory exemption for a principal residenceQuoted for review and objectionsVacant land escalates over successive years of non-use.
Transfer fee at the Land DepartmentPercentage of the appraised valueQuoted for transfer handlingAllocation between buyer and seller is contractual; the office collects at the counter.
Sale charge: business tax, or else dutyDealer sales and sales inside the statutory holding period attract specific business tax; every other sale attracts stamp duty insteadIncluded in transaction modellingThe two are mutually exclusive, and the holding period decides which applies.
Withholding tax on the sellerIndividuals: appraised-value formula with a deduction by years of ownership. Companies: flat percentage of the higher of appraised value or priceIncluded in transaction modellingCreditable against the seller's income tax for the year.

Questions foreign clients actually ask us

How much land and building tax will I pay on my home?
For most principal residences, nothing or very little. The rate bands for residential use are the lowest of the four categories, and an owner registered on the house registration of a principal residence benefits from an exemption threshold that covers ordinary homes. A second home, or one that is rented out, is treated less favourably.
Who pays the transfer fee, the buyer or the seller?
Whoever the contract says. There is no statutory allocation, and local practice varies, with a common arrangement being to split the transfer fee and leave the seller's taxes with the seller. Silence in the agreement is what produces disputes on transfer day.
What is the difference between specific business tax and stamp duty here?
They are alternatives, not additions. Specific business tax applies where the seller sells as a business or within the statutory holding period, and it is the heavier charge; stamp duty applies where specific business tax does not. Establishing which applies is the first step in modelling a sale.
Do I pay Thai tax on rent if I live abroad?
Yes. Income from Thai property is taxable in Thailand and reportable there, whatever the owner's residence and wherever the rent is received. A double tax agreement may relieve double taxation in the home country, but it does not remove the Thai filing obligation.
Is a company a cheaper way to hold Thai property?
Not usually, once the whole cost is counted. A company brings audit, annual filing and monthly compliance obligations, corporate tax on rent and gains, and a higher flat withholding rate on sale. It can make sense for genuine commercial holdings, and rarely for a family home.
How is the withholding tax on my sale calculated?
For an individual, on the government appraised value: a percentage is deducted according to years of ownership, the remainder is divided by those years, the personal income tax scale is applied and the result multiplied back. It is a formula rather than a tax on actual gain, so a sale at a loss can still produce a withholding liability.
What happens to the property when the owner dies?
The Land Department cannot register a transfer to heirs without a court order appointing an estate administrator. A valid Thai will shortens the appointment process considerably; without one, the statutory order of heirs applies and the timeline lengthens.
Can we object to the appraised value or use category?
The use classification can be contested with the local administration within the period stated on the assessment notice, supported by evidence of actual use, and appraised values are revised on their own official cycle. Objections are documentary, which is why photographs, utility records and tenancy documents matter.

Send us the title deed and the last assessment notice, and we will model the annual tax and the full transfer cost before you commit to a price.

Contact our office
contact@tla.co.thจ.–ส. 9–18น.15 นาที