Many Westerners who fall in love with Thailand have expressed a desire to own property there. Although the process is probably more complicated than in your own country, it is doable, as thousands can attest. Here are some of the basics, and remember to consult a lawyer when considering any property transaction in Thailand.
What properties can a foreigner own?
A farang may own the following types of properties:
1) a condominium, in a complex where over 50% of the units are owned by Thais
2) a house as a structure, having no interest on the land on which it sits
3) one rai (or less) of land, provided at least 40 million baht is brought into the country, and permission is obtained from the Minister of the Interior.
Acquiring a condominium
In terms of a condominium purchase, price must be paid in full through payment to a Thai bank, in a process known as Tor Tor Sam. For the payment, you need to open new account in a Thai bank and transfer the money in your own currency directly to that bank. You will need to list the purpose of the transfer, e.g. “To purchase a condo in Bangkok.”
You will need to show the bank your passport, as well as a marriage certificate (if any). The bank with then issue a Certificate of Transference, which will be part of the recording process at the Land Department.
Mortgages are not available to individual foreigners, but are available to foreigners married to Thais. Mortgages are also available to Thai companies (see below) where the principal is under age 60. Upon purchase, the owner will receive a certificate of ownership, detailing the percentage of rights over common areas. It will also list the floor area of the condo in square meters, the percentage of common property acquired through ownership, which also represents the voter interest in the homeowners association.
If your offer is accepted, a contract is drawn up, and you’ll be asked for a non-refundable “earnest money” down payment, typically 10% of the purchase price. The contract will stipulate when the remainder must be paid, typically in 30-45 days.
Before buying, be sure to determine the following:
1) Monthly maintenance costs. Get the amount in writing, on the contract, as well as a line-item breakdown of how they’re disbursed. It is unfortunately common that you’ll be charged for garbage disposal, street lighting, and pool use, even though it’s not stipulated in the contract. Ask about everything. How much have all maintenance costs risen in the past two years?
2) Management company. How many other condominium complexes do they own? How long have they managed yours? Arrange to visit one of their other managed properties, to see how the future of your building could play out.
3) Is your project unfinished? If so, there’s some degree of risk, as they could be over-mortgaged, or run out of funds to finish the job right.
4) What percentage of units in a newer building have been sold? If it’s only a few, they’ll all be paying more in monthly fees than if the complex is fully bought-out.
Condominium prices in Bangkok
As in other parts of the world, prices vary on location. Along the desirable Sukhumvit central area, prices as of today are in the 45,000-80,000 baht-per-square meter range. Recent construction (within the last 2-10 years) can be a good investment, due to better grade construction materials used in that era. For better resale value, consider at least a 2 bedroom, 2 bath configuration.
Monthly management fees typically run 30 baht per square meter. If you’ll be renting out the property, figure on paying 7% of the monthly rental to your Thai rental management company.
If you wish to buy property in your Thai wife’s name
Your Thai wife may buy property in her name, but only if she guarantees that the money was hers originally, with no foreign claim on the money. You (the farang husband) will be asked to provide a legal document stating that the money belonged to your wife prior to marriage.
Some additional ways to own a house, with land
1) Form a Thai company, then buy the house and land. The Thai company must be primarily owned by Thai nationals, with the exact figure set by municipalities. Figures between 51% and 61% are common. For a limited company, shareholders must amount to at least seven individuals, and the director may be a foreigner. In the event of the foreigner owning 39%, let’s say, the remaining six shares may be equally divided, meaning the foreign director is nominally in charge of deciding who lives in the house.
Caveat emptor: if the director is out of the country, the shareholders may hold a meeting, declare the director missing, then vote in a new (Thai) director, leaving the old director (you) out in the cold. There is a workaround, involving preferred and normal shares. Getting the advice of a good attorney is recommended for this and all transactions involving ownership of property in Thailand.
2) Have a Thai friend buy the house and land, then lease it to you (many foreigners do this based on a 30-year lease)
Taxes
There are two tax structures that you’ll need to be aware of, taxes due upon sale of property, and ongoing property taxes.
Taxes due upon sale of property
In Bangkok, three types of taxes are due upon sale of property, Witholding Tax, Transfer Fee, and BusinessFee/Stamp Fee Tax.
1) Withholding tax is is determined by a complex formula, but typically is between 1% and 1.5% of the sale price, typically borne by the seller.
2) The Transfer Fee is 2% of the appraised value, determined by the Lands Department, and is typically shared 50-50 by seller and buyer.
3) If property is held fewer than five years, a Business Tax of 3.3% is applied. If over five years, a Stamp Fee tax of ½% of the selling price is paid, typically shared 50-50 by seller and buyer.
Ongoing property taxes
Two types exist in Thailand, Land Tax, and Structures Use Tax.
1) Land tax is levied on land ownership, and consists of a few baht per rai each year. It is rarely collected, but may be eventually collected after multiple years. Anecdotal evidence suggests the amount to be negotiable.
2) Structures Use Tax is applied to property being rented, at the annual rate of 12.5% of gross rentals. This amount is often collected directly from the company you’ve hired to manage your property and collect your rent.
Building your dream home
If you’re determined to build rather than buy, and you’ve got the land, start with hiring an architect who understands both materials and the culture and needs of the workers who’ll be building it. There are loads of good materials in Thailand, but even more shoddy ones (like our toilet seat, which cracked in half on the first “sitting”). Always insist on top-ranked fixtures, and ask your architect how he’ll guarantee that best quality concrete will be used. Work with the architect to select a builder who understands the concept of durability and quality, and that, as a farang, you’ll be checking the work constantly, and will insist on keeping to schedule.
It is a wise precaution to hire a building engineer who will visit the site every week, and make inspections to ensure the work is up to snuff. You absolutely must specify what you want the engineer to check, and how often he or she should do it. If you need a weekly written report, with recommendations, put it in print. Verbal contracts do not hold up in Thai courts!
Insist that both the engineer and the architect be licensed, which gives you added protection, as if there is an issue, the licensing body may assist you before the matter ends up in court. Finally, resist paying up-front fees, and adopt a “pay-as-you-go” formula, with both the builder and the engineer. If you meet resistance, it could be wise to get your lawyer, who may be more persuasive, and savvy to local custom, involved.
Choosing a lawyer
T’would be folly to engage in a real estate transaction without the advice of a lawyer. When choosing a lawyer, ask the following:
1) Ask if the lawyer has a conflict of interest, i.e, does he or she also represent the party from whom you are buying the property?
2) Does he or she have a lawyer permit? If this cannot be produced, call (02) 629-1430, x 100 or 107, and ask if the lawyer is registered.
3) Be clear about describing the task you’d like the lawyer to do, then ask the amount of the fee for the service. Typically, three different courts can be involved in property matters, and you should be charged for only one.
4) Make a contract with your attorney, spelling out the service required, and fees. Ask for a copy in your own language. Any disputes with the lawyer will of course, be adjudicated based on the Thai-language original.
5) If engaged in a dispute with the individual or company from which you’ve bought property, turn over all pertinent documents to your lawyer, and ask for a receipt. This will allow your attorney to act on your behalf in timely fashion.
6) Follow up on the case. The squeaky wheel gets the grease. Ensure that your lawyer is one his or her toes.
7) Don’t miss your court date. If you do, a default judgment could be entered against you.
Land measurements in Thailand
Land is measured in talang wah, ngarn, and rai.
1 talang wah = 4 square meters
100 talang wah = 1 ngarn = 400 square meters
4 ngarn = 1 rai = 1600 square meters
2.529 rai = 1 acre
Does all this seem a bit complex? It needn’t be, if you adhere to the above advice, secure a good lawyer, and insist on quality above all.
09 September, 2010
08 September, 2010
In a Bangkok apartment, Tamils wait for a ship to Canada
The Sri Mariamman Temple,located in the Bang Rak district of Bangkok, is the symbolic centre of the Tamil community scattered around bangkok and its suburbs.
The Sri Mariamman Temple,located in the Bang Rak district of Bangkok, is the symbolic centre of the Tamil community scattered around bangkok and its suburbs. Getty Images for The Globe and Mail
Though claiming to be tourists, they show little interest in seeing the sights of the Thai capital
The four men, Sri Lankan Tamils, say they are in Thailand on vacation, though they rarely venture outside their one-room apartment on the outskirts of the Thai capital. They sit together on the bed, endlessly watching old movies in English and Thai that they barely understand.
They have a standard answer when asked why they have come to Thailand. “Tourists. Arrived last week. Leaving next week,” said a 25-year-old man named Baksubramaniam, who then claimed to speak no more English, though he seemed to understand the language well. In the same five-floor building on Bangkok’s northern outskirts – far from the city’s usual attractions – are two more rooms occupied by Tamils who call themselves tourists. One is a family of four, the other another group of men.
Those familiar with the workings of an alleged Tamil Tiger human-smuggling ring say the Tamils are in fact in transit. They are waiting for the next boat to take them to Canada, as the MV Sun Sea did for 492 Tamil asylum seekers who arrived in British Columbia via Thailand this month. And there are at least several dozen more Tamils waiting at other addresses visited by The Globe and Mail in and around Bangkok.
“The people who arranged the Sun Sea are arranging another boat now. I don’t know how long it will be [before it’s ready to depart],” said a well-known member of Bangkok’s Tamil community who spoke on the condition of anonymity.
Asked whether any of them hope to travel onwards to Canada, the waiting men whisper among themselves in Tamil before denying any interest in following those who recently passed through Thailand before boarding the MV Sun Sea for Canada. The Tamils smile widely at the mention of faraway Canada, but stick to their line that they’re in Thailand as tourists.
A source gave The Globe and Mail a list of addresses where he said recently arrived Tamils were being warehoused before their departure for Canada. Recently arrived Tamils were living at several of them, while neighbours living near the other addresses said groups of Tamils had lived in the empty apartments until recently.
Records kept by management at the building where Baksubramaniam and the other “tourists” were staying add to the suggestion that they aren’t in Bangkok to see the sights. Despite having no car, they stay almost an hour's drive from Bangkok’s city centre, in an apartment block so close to the Thai capital’s secondary Don Mueng airport that the building shakes as planes fly low overhead every few minutes.
The building’s manager says the Tamils rarely leave their cramped rooms, which come equipped with a single bed, a small colour television and a fan.
Although they are in the country on two-week tourist visas, the Tamils signed nine-month leases on the three rooms at just over $100 per room per month. Two of the three Sri Lankan passports used as documentation for the leases were issued this year. Baksubramaniam’s passport was issued in Colombo on July 15, barely three weeks before he was in Bangkok signing the lease.
Staff at the building say that it’s actually a rotating cast of Tamils who use the apartments. “They don’t stay here long. They come in groups of four or five, stay for a while, and then leave. Then another group comes,” said Reangratana Peangkayai, who manages the building’s books.
If the Tamils are indeed hoping to go to Canada, they'll be following a trail blazed by those who recently made the perilous 10-week journey across the Pacific Ocean aboard the Sun Sea. Thai police sources say the majority of those who transited through Thailand before boarding the Sun Sea – which left from the southern port city of Songkhla some time in April – were recent arrivals who entered the country on tourist visas shortly before the ship departed.
On May 1, Thai authorities made note of an estimated 120 Tamils who travelled in a caravan from Bangkok to a fishing hamlet near Songkhla before apparently boarding small craft that took them to a rendezvous with the Sun Sea in the Gulf of Thailand. Two and a half weeks later, another group of 40 Tamil tourists checked in en masse at a hotel in Songkhla before heading to the port the same night and boarding fishing boats that are again believed to have met the Sun Sea.
The entire operation is fuelled by enormous amounts of money. Those left behind in Thailand are often legitimate asylum-seekers who admit they’d love to go to Canada but don’t have the requisite cash.
“I would like to go to Canada like the others, but it’s expensive,” said Suhumar, a 23-year-old who fled the final stages of Sri Lanka’s civil war 16 months ago after his father disappeared and he was briefly jailed.
Suhumar, who is officially registered in Bangkok with the United Nations High Commission for Refugees, said agents operating in the Thai capital and offering safe passage to Canada are charging tens of thousands of dollars. “How,” he said, “can an ordinary refugee afford this?”
The Sri Mariamman Temple,located in the Bang Rak district of Bangkok, is the symbolic centre of the Tamil community scattered around bangkok and its suburbs. Getty Images for The Globe and Mail
Though claiming to be tourists, they show little interest in seeing the sights of the Thai capital
The four men, Sri Lankan Tamils, say they are in Thailand on vacation, though they rarely venture outside their one-room apartment on the outskirts of the Thai capital. They sit together on the bed, endlessly watching old movies in English and Thai that they barely understand.
They have a standard answer when asked why they have come to Thailand. “Tourists. Arrived last week. Leaving next week,” said a 25-year-old man named Baksubramaniam, who then claimed to speak no more English, though he seemed to understand the language well. In the same five-floor building on Bangkok’s northern outskirts – far from the city’s usual attractions – are two more rooms occupied by Tamils who call themselves tourists. One is a family of four, the other another group of men.
Those familiar with the workings of an alleged Tamil Tiger human-smuggling ring say the Tamils are in fact in transit. They are waiting for the next boat to take them to Canada, as the MV Sun Sea did for 492 Tamil asylum seekers who arrived in British Columbia via Thailand this month. And there are at least several dozen more Tamils waiting at other addresses visited by The Globe and Mail in and around Bangkok.
“The people who arranged the Sun Sea are arranging another boat now. I don’t know how long it will be [before it’s ready to depart],” said a well-known member of Bangkok’s Tamil community who spoke on the condition of anonymity.
Asked whether any of them hope to travel onwards to Canada, the waiting men whisper among themselves in Tamil before denying any interest in following those who recently passed through Thailand before boarding the MV Sun Sea for Canada. The Tamils smile widely at the mention of faraway Canada, but stick to their line that they’re in Thailand as tourists.
A source gave The Globe and Mail a list of addresses where he said recently arrived Tamils were being warehoused before their departure for Canada. Recently arrived Tamils were living at several of them, while neighbours living near the other addresses said groups of Tamils had lived in the empty apartments until recently.
Records kept by management at the building where Baksubramaniam and the other “tourists” were staying add to the suggestion that they aren’t in Bangkok to see the sights. Despite having no car, they stay almost an hour's drive from Bangkok’s city centre, in an apartment block so close to the Thai capital’s secondary Don Mueng airport that the building shakes as planes fly low overhead every few minutes.
The building’s manager says the Tamils rarely leave their cramped rooms, which come equipped with a single bed, a small colour television and a fan.
Although they are in the country on two-week tourist visas, the Tamils signed nine-month leases on the three rooms at just over $100 per room per month. Two of the three Sri Lankan passports used as documentation for the leases were issued this year. Baksubramaniam’s passport was issued in Colombo on July 15, barely three weeks before he was in Bangkok signing the lease.
Staff at the building say that it’s actually a rotating cast of Tamils who use the apartments. “They don’t stay here long. They come in groups of four or five, stay for a while, and then leave. Then another group comes,” said Reangratana Peangkayai, who manages the building’s books.
If the Tamils are indeed hoping to go to Canada, they'll be following a trail blazed by those who recently made the perilous 10-week journey across the Pacific Ocean aboard the Sun Sea. Thai police sources say the majority of those who transited through Thailand before boarding the Sun Sea – which left from the southern port city of Songkhla some time in April – were recent arrivals who entered the country on tourist visas shortly before the ship departed.
On May 1, Thai authorities made note of an estimated 120 Tamils who travelled in a caravan from Bangkok to a fishing hamlet near Songkhla before apparently boarding small craft that took them to a rendezvous with the Sun Sea in the Gulf of Thailand. Two and a half weeks later, another group of 40 Tamil tourists checked in en masse at a hotel in Songkhla before heading to the port the same night and boarding fishing boats that are again believed to have met the Sun Sea.
The entire operation is fuelled by enormous amounts of money. Those left behind in Thailand are often legitimate asylum-seekers who admit they’d love to go to Canada but don’t have the requisite cash.
“I would like to go to Canada like the others, but it’s expensive,” said Suhumar, a 23-year-old who fled the final stages of Sri Lanka’s civil war 16 months ago after his father disappeared and he was briefly jailed.
Suhumar, who is officially registered in Bangkok with the United Nations High Commission for Refugees, said agents operating in the Thai capital and offering safe passage to Canada are charging tens of thousands of dollars. “How,” he said, “can an ordinary refugee afford this?”
03 August, 2010
I Want My Thai GirlFriend to Visit Me in Australia!
So this is it! This is your scenario...You have finally met the girl of your dreams.
She is an exotic beauty, with a lot of flair, physicality, intelligence, loyalty, love and affection.
You want her and you need her badly. You don't want to go but you must.
You are Australian and she is Thai, but you have to leave for the airport before your Thai Visa expires.
You think to yourself several times:
Now that you are in Australia, you have realized the connection and have maintained the contact.
Long-distance relationships are difficult but you have persevered.
You miss her badly.
So now you have decided to get your Thai lady to Australia. What next? How do you get her here? How long will it take you to get your Thai girlfriend back into your arms and into your life?
Here are several tips that could answer those questions for you.
Obtaining an Australian Tourist Visa could be your best bet at having your Thai girlfriend reunite with you. It allows her to drop by on a short stay for about three months within a given time period.
Her stay would require you and you Thai gf to accomplish several application requirements depending on her case.
This kind of Visa is incredibly useful for the both of you especially when you decide to have a mini-honeymoon at the many different holiday and recreational destinations here in Australia.
You would want to show her the sights and sounds of your home. Maybe, introduce her to your friends and family. This is definitely one option to get you a banging good time!
Want to take your relationship to the next level?
Want an Australian Visa application that will help you test the waters in your relationship?
Perhaps give you and her the time to think about an Australian marriage?
Go ahead and try the Fiance or Spouse Visa option. This almost works like the Tourist Visa only that your Thai girlfriend will have the option to stay permanently with you if she decides to marry you within or after a given time frame.
Who knows, she will finally say “Yes” to your “Will you marry me?” question.
This sounds easy but this requires a little work knowing more about your Thai girlfriend and you knowing more about her intimate details. Unless the both of you prove that you have a strong enough relationship, you might not even get to see her. It really pays to know your Thai girlfriend a lot more even before the Spouse or Fiance Visa application.
You could also opt for other Australian Visa applications like the Student Visa and the Work and Holiday Visa. The Student Visa allows your Thai girlfriend to study or maybe even work while she is with you in Australia. This will be a great help to her as she develops her competencies as a person and her English proficiency.
You hit three birds in one: you get to have your girlfriend with you, she becomes a better communicator of her emotions and the both of you get the most of your relationship.
Lastly, you can have the Work and Holiday Visa which is for eligible Thai nationals aged eighteen to thirty with Tertiary education. This would be a very viable option for you if your girlfriend has finished college and would want to settle with you in Australia.
Get more advice on how to get your Thai girl back to Australia here.
24 July, 2010
Tasmania (TAS)
I've always wanted to go to Hobart...
Hobart is Australia's second oldest capital city.
Hobart is situated on the banks Derwent Estuary, one of the world's great deepwater ports and is the destination to a one of the toughest blue water sailing classics, the Sydney to Hobart Yacht Race.
Hobart is Australia's second oldest capital city.
Hobart is situated on the banks Derwent Estuary, one of the world's great deepwater ports and is the destination to a one of the toughest blue water sailing classics, the Sydney to Hobart Yacht Race.
Why is Australia great?
Australia is a natural wonderland of beautiful beaches, crystal blue waters, amazing ancient rock formations and pristine rainforests.
Australia is the sixth largest country in the world and has the lowest population density per square kilometre.
Australia has 16 world heritage listed properties with its historic townships, bustling cities, vivid landscapes and exotic flora and fauna all adding to its unique appeal.
Much of Australia's exotic flora and fauna cannot be found anywhere else in the world and the lifestyle is one second to none.
The culture and customs consists of a rich tapestry of nationalities including traditions, legends, myths and folklore. The indigenous 'Dream time' forms the base of tens of thousands of years of spiritual aboriginal art and culture.
Language
In Australia over 200 different languages and dialects are spoken, including 45 indigenous languages. The most commonly spoken languages (other than English) are Italian, Greek, Cantonese, Arabic, Vietnamese and Mandarin.
Australia is the sixth largest country in the world and has the lowest population density per square kilometre.
Australia has 16 world heritage listed properties with its historic townships, bustling cities, vivid landscapes and exotic flora and fauna all adding to its unique appeal.
Much of Australia's exotic flora and fauna cannot be found anywhere else in the world and the lifestyle is one second to none.
The culture and customs consists of a rich tapestry of nationalities including traditions, legends, myths and folklore. The indigenous 'Dream time' forms the base of tens of thousands of years of spiritual aboriginal art and culture.
Language
In Australia over 200 different languages and dialects are spoken, including 45 indigenous languages. The most commonly spoken languages (other than English) are Italian, Greek, Cantonese, Arabic, Vietnamese and Mandarin.
Some Common Australian Expressions
Many common Australian expressions or slang may seem strange to people new to Australia. If you are unsure what an expression means, it is acceptable to ask. Some common examples are:
•
Bring a plate – when you are invited to a social or work function and asked to "bring a plate", this means to bring a dish of food to share with other people.
•
BYO – this means to 'Bring Your Own' drink which may include alcohol, juice, soft drink or water. Some restaurants are BYO. You can bring your own bottled wine, although there is usually a charge for providing and cleaning glasses, called 'corkage'.
•
Fortnight – a 'fortnight' is a two-week period. Many Australians receive salary or wages every fortnight.
•
Bring a plate – when you are invited to a social or work function and asked to "bring a plate", this means to bring a dish of food to share with other people.
•
BYO – this means to 'Bring Your Own' drink which may include alcohol, juice, soft drink or water. Some restaurants are BYO. You can bring your own bottled wine, although there is usually a charge for providing and cleaning glasses, called 'corkage'.
•
Fortnight – a 'fortnight' is a two-week period. Many Australians receive salary or wages every fortnight.
Australian Culture
Modern Australia Culture is a multi cultural society having been driven by immigration from many different groups. Some interesting Australian facts:
* Australians are compulsive buyers having some of the biggest credit card debts in the world. On rainy days (no beach to go) it is very hard to get a parking place in a Shopping Center.
* Aussies love to gamble – Pokies is a type of slot machine to be found in pubs and RSL clubs.
* Nothing demands as much attention from Australians as a House. It is as a national symbol of security.
* The fashion in Australia is pretty casual and laid back. Australians are very informal when it comes to clothes. However, when an aussie says “thongs” they mean footwear not undies.
* Australians are compulsive buyers having some of the biggest credit card debts in the world. On rainy days (no beach to go) it is very hard to get a parking place in a Shopping Center.
* Aussies love to gamble – Pokies is a type of slot machine to be found in pubs and RSL clubs.
* Nothing demands as much attention from Australians as a House. It is as a national symbol of security.
* The fashion in Australia is pretty casual and laid back. Australians are very informal when it comes to clothes. However, when an aussie says “thongs” they mean footwear not undies.
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