Mapguy

Given the rise in condominium ownership in Chiang Mai, the following article is taken from the Chiang Mai Mail (Vol.XI, No.1) and might be of significant interest to some foreign owners in Chiang Mai resident here and married to foreigners:

Can your heir inherit your freehold condo, are you sure?

If you are a foreigner who has purchased a condominium unit on a freehold ownership basis in Thailand, you may be under the impression that part of the value you purchased was the peace of mind in knowing that you could easily leave the unit to your heir. However, if your heir is also a foreigner then, unfortunately, this is only partially true. Thailand's well known stringent restrictions on foreign freehold ownership of immovable property also curtail if and how a foreigner can own an inherited freehold condominium unit.
Thailand's legislation on condominium ownership is laid out in the Condominium Act (1979) and as further amended (the “Condominium Act”). Only under certain conditions does the Condominium Act allow foreigners to own a freehold condominium unit. Perhaps the best known current foreign ownership restriction is the “49% foreign freehold quota”; with very limited exceptions, foreign freehold ownership cannot exceed 49% of the total floor space of a condominium project in Thailand. Furthermore, pursuant to Section 19 of the Condominium Act, even where foreign freehold space is available, only foreigners who meet one or more of the following conditions are entitled to receive a freehold title to a condominium unit in Thailand, regardless of how they received the unit:

1)   Any foreigner permitted to permanently reside in the Kingdom under the Immigration Act;

2)   Any foreign immigrants permitted to enter the Kingdom under the Board of Investment Act;

3)   Any alien juristic person registered under Section 97 and 98 of the Land Code;

4)   Any alien juristic person qualified under the 24 November 1972 Announcement of the Revolution Committee No. 281 and which has had a Board of Investment Certificate granted under the Board of Investment Act; or

[indent=1]5)   Any alien or alien juristic person who has brought foreign currency into Thailand or who has withdrawn Thai Baht currency from their foreign resident Thai Baht account or who has withdrawn money from a foreign bank on deposit in Thailand. [Pursuant to Section 19 ter (5) of the Condominium Act, the amount of currency required under this paragraph (5) is defined as “not less than the price of the unit to be purchased”.]

The Condominium Act outlines clearly that any foreign person who does not fulfil at least one of these conditions is not entitled to own a condominium unit in Thailand.
What does this mean with regard to inheritance? Obviously, if you are a foreigner and your heir is a foreigner then, the 49% quota would not be an issue as the unit would pass from one foreigner to another maintaining the same foreign/Thai ownership ratio before and after inheritance. However it is quite possible, even quite likely, that your foreign heir might not meet any of the additional Section 19 criteria for foreign freehold ownership of a condominium. In such case, while your heir may have legally inherited your condominium unit, they will not be legally eligible to continue owning it and Section 19 septem of the Condominium Act, as follows, would then be applicable:
All foreigners not qualified under Section 19 who receive the condominium unit either by inheritance or in any other way, must report the matter to the relevant administrative official within 60 days from the date they receive such property and they must then sell the property within one year from the date they receive it, otherwise, the provisions of Section 19 quinque shall be applied mutatis mutandis.
Section 19 quinque of the Condominium Act provides that if the said foreigner fails to sell the condominium unit within the time allotted, the Director of the Land Department shall have the right to sell the unit.
Thus, if your condominium unit is inherited by your foreign heir, such heir must inform the land officer at the Provincial Land Office or the Branch Land Office respectively where the condominium is located within 60 days of such inheritance. Then, if your foreign heir does not meet the criteria under Section of 19 of the Condominium Act, such heir must comply with Section 19 septem Condominium Act and either sell the condominium unit themselves or face having the Director of the Land Department sell the unit. Note, however, that your foreign heir would have up to one year after inheriting the unit to either sell the unit or comply with Section 19. Most likely the best, if not the only, option for your heir to comply with Section 19 would be for your heir to then transfer the relevant foreign currency into Thailand. After such transfer your foreign heir would then be entitled to continue to own the freehold condominium unit in perpetuity.
Duensing Kippen is a multi-service boutique law firm specializing in real estate and corporate/commercial transactional matters as well as arbitration proceedings arising therefrom. It is the only such firm in Thailand that also compliments its transactional expertise with a core tax law practice. Duensing Kippen can be reached at:<removed>or for more information please visit them at: <removed>

Recently, I visited Rimping near the river.  I always check the marketing prices as the clerk scans the goods.  This is not easy, of course, since they can do so very quickly, but I have become quite good at it.  It just takes practice.

Anyway, when it comes to totaling things up, that's when I am really careful.  I NEVER pay the exact amount.  I always, use a big bill, so I can carefully calculate the change I receive in return. (I have had some complaints in the past from people behind me that I am delaying their departure. And drippy ice cream on the rubber moving belt does make a mess, after all!), so I try to be considerate of others.  I check the register and count my change, of course!  Who doesn't ?!

Well, this time I received 100 baht too much!

Just wanted to be sure you know!  So, you can try it out, it is the cashier on the far left lane.  She is about 40 years of age, as far as I can tell. It is hard to tell sometimes; they are so cute for a long time!  But she does wear glasses with brown frames! That's why I think she was easy to remember.  She had a "certain look."

Anyway, I got a nice cookie with my 100 baht at Butter Is Better!!!

WISH YOU GOOD LUCK!

I am looking for confirmation of information that I have and information on the procedures and a list of documentation required to obtain a NI-O "follow-on" visa.

A friend holds a valid NI-OA Retirement visa (extended annually for some years) and is resident in Thailand.  His wife is currently in Thailand on a series of 60-day Tourist visas (routinely extended to 90-days.

My understanding is that there is a NI-O category for accompanying dependents/spouses of NI-OA visa holders, and that such visas may be granted for one year and renewed much as a NI-OA visa is renewed.

Furthermore, I am informed that the transfer from Tourist to NI-O "follow-on" visa can be done in Thailand; it not being necessary to return to the "home country" to obtain it.

I have also been told that there is no income requirement for such a NI-O visa.

Assistance would be welcome.

Best wishes and thank you.

Chiang Mai Taxi Driver Training

1. Introduction to Driving. This course teaches you the
basic principles of driving a taxi, such as starting the
vehicle, making it go forward, and saying with a straight
face, "Meter not working."



2. Intermediate Driving. In this course, you will learn
how to use your hands, not just to steer the vehicle, but also to rub them together gleefully
whenever you spot a tourist.

3. Advanced Driving This course teaches you advanced
techniques, such as how to make a U-turn on a one-way
street, how to spot a tourist from a mile away, and how to
turn a 2-km ride into city tour. You will learn
useful English phrases, such as "Don't worry, you not pay
much. Usual rate only" and "No, no, we not going in circles.
This is different temple. All looking the same!"



4. Meter Management. This course teaches you how to
manipulate your meter to maximize your earnings. You will
learn how to turn it on and off, how to make it go faster,
and how to say "meter not working" in 28 languages.



5. Fuel Management. In this course, you will learn various
ways to improve fuel economy, such as giving preference to
skinny customers, turning off your engine when you're stuck
in traffic, and using your hands as paddles during rainy season. You will also learn how to reduce wind resistance
through the highly effective technique of tailgating.



6. Negotiation Techniques. You will learn how to size up
each potential customer and determine how much money they
would be willing to part with. You will learn to start with
a very high figure and then reduce it by a third or half,
depending on how much steam comes out of your customer's
ears.




Adapted from Melvin Durai.

(Actually, those drivers are quite good!)

I have to leave the country before my annual extension date comes up and return after that date.  Is there a grace period before my departure during which I can get the extension ?   If so, how long is it:  week, ten days, two weeks, etc. ?  This applies to the Chiang Mai office only.

Thanks