Q: My passport does not contain any blank "Visa" pages. Can the visa be issued on the "Amendment" pages?

A: No. The visa will only be issued on a blank visa page. The visa page cannot have any type of marking, stamp, note, etc. If your passport does not contain a blank visa page, you must contact your embassy or appropriate passport agency which issues the passport of your country and request additional visa pages or a new passport. The Royal Thai Consulate General cannot add visa pages for you.

 

Q: How can I extend my visa while in Thailand?

A: You should apply to the Thai Immigration office before the visa expires. Whether or not the visa will be extended is strictly up to the Thai Immigration officer.

 

Q: I will be in Thailand on business for less than 30 days. Do I need to obtain a visa?

A: Yes. The "30-day-visa-on-arrival" is for Tourism only. If you will be in Thailand on business, you must apply for a "Non-Immigrant – Category B" visa.

 

Q: My spouse is Thai and we will be visiting his/her family for more than 60 days. Can I obtain a Non-Immigrant Visa for visiting our relatives?

A: Yes. You would need to submit a copy of your marriage certificate along with the other required documentation for a visa and state on the Visa Application that the purpose of your trip is "visiting family or relatives

 

Q: What do you mean by "passport must be valid for at least six months?"

A: Your passport must not expire within six months from the date you apply for the visa to Thailand. This does not mean that your passport must be at least six months old.

 

Q: Referring to your answer "Thai women who are married to foreigners are now allowed to own property….." My question is: Is 'property' that you mentioned limited to condo, apt. or include land as well? if so, Can we 'foreigner+thai' jointly own that property?

A: A foreigner + Thai can jointly own a condo. But not any other type of property. A Thai woman can own landed property in her own name even though she is married to a non Thai. Hope this clears up your question.

 

Q: Any property exchange market ? I have a Florida USA income property , and would consider exchanging it with a Thai property,income or commercial

A: a very simple answer,….. NO exchange market to speak of.

 

Q: I'm a Korean. I just want to know if I want to buy a hotel in bangkok, is it possible even I'm foreigner and how?

A: There are various ways for a foreigner to own a substantial property such as a hotel in Thailand. Unfortunately it is difficult to explain them in this forum. I suggest you contact a reputable lawyer or international real estate agent who can explain the various methods in depth.

 

Q: There are some keenly priced properties and land advertised "for sale" on the market but when I have enquired further, I find that the land belongs to a Wat or the royal family and that the seller has a right of use with a nominal rental fee. Can the rights pertaining to these properties be bought and sold?

A: In a nut shell leasehold rights which I assume these are can be brought and sold. The amount they are asking for is what is commonly referred to as key money. I recommend extreme caution be used as many nasty surprises are in stall for the unwary, especially the foreigner. If you are looking for a property to buy I suggest you use a reputable and recognized international real estate agent.

 

Q: I am married to a thai and we want to build a house on some land given to us by my wife's mother, how do I secure my investment best (I am paying the house) in case of divorce.

 

A: There are a number of options you have including signing a long term lease with your wife over the improvements or the property, or if you have a child they may own the improvements in their name. I suggest you contact a reputable lawyer who can advise you in more detail.

 

Q: Some properties, especially in Phuket, owned by foreigners are bought & sold under offshore company's name. How does this work in Thailand as far as ownership in Thailand is concerned? Does the law in Thailand recognise this practice?

A: An interesting and complicated question, and difficult to explain with the short amount of time I have in this forum, however I shall attempt to keep the answer short and simple.

There are a number of phuket residential developments catering to the foreign market. They have devised company structures that allow foreign ownership with greater control, security, tax advantages and which allow off shore financing. One of the first to do this was the Katamanda residential development on Kata beach in 1999.

Thai law does recognize these structures, although they are expensive to establish. The ownership structures differ from development to development and hence difficult to broadly comment upon, however the vast majority of these residential developments are leasehold, commonly 30 years with an option for a further 30 years and in some cases an additional option (total 90 years). In this instance a foreigner can be the lessee in there own right, but financing is very difficult to obtain. However please note that under Thai law an option over land is purely at the discretion of the lessor and not as is common in the west to the lessee.

Q: I am interested in purchasing a condominium unit in Bangkok,please could you let me know about the pitfalls(if any),i.e. tax implications if resold.I have also been told that as a foreigner the finance for any such purchase must be brought in from overseas,is this the case? And what are the possibilities of obtaining a mortgage locally.

 

A: A very typical question and one asked many times.

Regarding pitfalls these are limited to taxation issues. A full summary of the tax issues payable on property in Thailand I refer you to a previous answer I gave. Other issues you should consider are the condominium accounts. Make sure you check these as many condominium buildings have low or depleted sinking funds available for major building repairs and refurbishment (I.e building painting replacement of common area flooring etc).

Regarding financing what you have been told is essentially correct. Thai law stipulates a foreigner may buy a condominium providing the purchase price comes from outside Thailand. This is proved by a form provided by the bank that confirms such an amount was received. This form must then be presented to the Lands Department to allow transfer of Title. No bank form, no title!

However there are some local financiers who will provide loans on condominiums but you still must transfer money to Thailand to obtain the bank form that allows condo Title transfer. There are other limited loop holes available such as the establishment of a Thai company. Our office can assist foreigners to obtain finance, so please do not hesitate to contact us.

 

Q: I and my family(Malaysian) has been staying in Chiangmai for 1.5 years and plan to buy a landed property here. My husband is currently working in an US factory in Lamphun. If we do not have any business investment in Chiangami but thinking of bring in money and place under Fixed Deposit at Thailand bank, can we eligible to buy a landed property in Thailand ? If can , pls let me know the min sum, If cannot, pls advise other alternatives. (from Choon Leng)

A: I am not sure what you mean by landed property, if you mean a condominium you can buy this particular from of property, but the whole amount (purchase price) must be brought
in from outside Thailand and the receiving – Thai bank will provide a statement to you which you must then present to the lands department as proof.

If you would like to buy land or house and land, the answer is simply no. A foreigner can not own land in Thailand under his or her own name unless you invest approximately USD 1 million into Thailand. Naturally there are ways around this and I suggest you consult a reputable lawyer who can further explain.

 

Q: Can a foreigner own land (land with house) as a minority partner in a partnership which is considered a juristic person?

A: The simple answer is yes. However it is important that the non Thai minority shareholder should not own more than 38%, as any foreign shareholding structure greater than this is automatically investigated by the Thai lands department.

 

Q: How can a Westerner set up up a company to lease property?

A: In Thailand a westerner (or non Thai national) can lease property in his or her name, there is no need to have a company. However if you really need to set up a Thai company I suggest you see any reputable accountancy or legal firm as they can structure a company to suit your requirements.

 

Q: If a Thai woman is married to a Westerner, she can't buy property. Could she divorce him, then buy property and then remarry him?

 

A: A Thai national who is married to a westerner can now buy and own property in their own name (previously this was disallowed). However if financing is required, banks will determine the loan amount based upon the Thai woman's earning capacity and not the westerners! Any loan guarantee given by the westerner is usually not considered by the bank.

 

Q: Are there any consumer ornganisation to which Tenants can turn when they have problems with Landlords/building management not fulfilling their committments. If yes, How effective are they?

 

A: Thai law is firmly bias towards Landlord. Unfortunately there is no consumer organization with any teeth that you may turn too when (you) the tenant are experiencing problems with the landlord. If experiencing problems, in true Thai style negotiate and compromise. If this doesn't work, then move to another residence.

 

Q: What rights do I have, as a condominum owner, to have a say in the daily operations (maintenance, add new common facilities etc) of the condominium property (where my unit is located) in Thailand?

 

A: A condominium is managed by a co owners committee which comprises elected co owners and the juristic person (the co owner legally permitted to sign legal documents on behalf of the condominium).The co owners committee oversees all matters pertaining to the condominium and direct the building managers in the daily operations. A condominium must have an Annual General Meeting (AGM) where the co owners committee present the audited financial statements, new committee members are elected and any issue may be raised by any co owner. As a co owner you have voting rights usually based upon the condomium area or value. Votes are held. In this process a condominium owner has a say in the running and management of a condominium property. Naturally being elected to the co owners committee may provide more of an indirect say in the daily operations.

 

Q: As far as I understand, Thai condominium projects fall under the 51 Thai / 49 Foreign law, meaning that 51 percent of all units must be Thai-owned. If and when I like to sell my unit, am I tied up by this overall 51/49 rule or can I sell to whatever customer that pays the best price, regardless of the buyers nationality?

A: The simple answer is Yes you are tied to this rule. However there are loopholes in this rule, such as the establishment of a Thai company or the use of Thai nominees.

 

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