Khun Jean

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About Khun Jean

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  1. It is much simpler then that. You can not transfer the usufruct. period. Anyone that tells you different has no clue or does it on purpose. Take your pick. The only thing you can do is rent it out for periods shorter then 3 years. Longer periods have to be registered at the land office and that is not allowed to be done by a foreigner. Laws are so simple, why is everything always made more difficult then it is. (I know, i know, money) combined with the fact that many foreigners want to own whatever the facts are) And if it is really what you believe, why not try to do it now, just as a test. See how far you get.
  2. Use a Thai contractor which will have some examples of his work. A foreigner contractor will just use the same sloppy Thai workers as anyone else. Expect all the good ones to be very busy, leaving only the crappy ones available. You would probably stand in line and wait about 3-6 months before a good contractor has time. I have the same problem at the moment with renovating some condo's in Bangkok. Had three tries on getting a good tile job done (no full payment of course as i wrote down the requirements that had to be fulfilled,) the fourth try is currently in progress. It seems to work better when you are around all the time, but many workers will not be able to perform under observation and will quit. Just keep trying until you find one. Good luck. ps. I am slowly getting better at electricity, plumbing, tiling, woodworking etc. :)
  3. Special Business Tax is used when owned for 1-5 years. Starting from year 6 you pay the stamp duty of 0.5% instead.
  4. I got a lot of BS over the fact that i posted years ago that a usufruct (same for a lease) is no guarantee when issued by your spouse, at the time even by 'reputable' lawyers (Even a sponsor on this site at that time). Up to the point where is was even threatened! Which is a shame as they should have known better. I guess they like there clients to be uninformed. Now years later it is much more clear as more and more people are diving into the specifics. If you are married a usufruct can be made safe by including a 'third party'. Ideally it is a family member on your side. A younger child would be perfect. A brother, sister etc works just as fine, a child has the advantage of being younger and the child will probably outlive you. Once a third party is included on the usufruct with your spouse it can not be terminated as it will effect a third party. About monthly/yearly payments for a usufruct. It is not needed by law but it is nevertheless a good strategy. It will confirm the existence of the usufruct and the fact that money is received by the owner is a sign that they are fully in agreement with it. This will work in your advantage when troubles arise. A contract with accepted payments is very very strong in your favor.
  5. Be aware that leases can normally not be sold or sub leased, this has to be an extra clause added to a standard contract. Also be aware that as a foreigner you can not rent out land as that would mean you are managing the land and that is not allowed under the Thailand Land Code Act. You will be unable to register a sub lease at the land office for this reason. You could lease out for maximum three years as that does not require you to register it, you would still be in violation of the Land Code Act, but as it is not registered no official will know. If you rented it out and troubles arise this could be a problem.
  6. Where did this info come from? Land transfer taxes which are normally payable by the buyer is not based on the sale price. Only the SBT/Stamp duty is based on the sale price. Hence lying about the sale price makes very little difference overall especially when the land was owned by the seller for 6 years or longer.
  7. It doesn't sound good to me. What happens when you are 80! Pack up your things and leave? It is the reason why developers/agents/brokers/lawyers will always try to convince you that a 30+30 is perfectly fine. No one wants to be left without a home at 80+ years old. The current problem though is that most people who signed a 30+30(+30) lease will find out exactly what the law means with 'maximum 30 years' at such a ripe old age. They are kept in the dark and kept quiet by a false feeling of security. If those people knew that 30 years was the max they either not sign the lease, renegotiate the price or know that making preparations (savings, return to their own country) for when the leases ends is vital.
  8. No this is not supposed to be 50/50. Before the current law (made in the late 80's) a Thai who was married to a foreigner could not buy land at all. (This is also the reason why many Thais are still thinking that registering a marriage will not allow them to own land). As this was thought of as discrimination a change was made so that it was still possible for the married to a foreigner Thai to buy land. The change was to make the foreigner sign a document declaring that the land is under 'Sin Suan Tuan' of the Thai partner. Thailand has an 'automatic' pre-nuptial meaning anything that was owned before marriage can not be split up upon divorce. This solves the 'foreigner can not own land' law. The same applies to condominiums. Thais will have 51% and foreigners 49%. The underlying law is again that foreigners can not own the land on which the condominium is built. A much more desirable change for foreigners would have been to divide the Sin Somros into 51% Thai and 49% Foreign. This would also prevent foreigners from owning the land but the 2% difference is much more palatable then when it is 100%/0% which it is now. For more enjoyment read about 'Khongman'. :) Still handling a divorce is not the duty of the land office, so a judge can decide differently what is 'Sin Somros' and 'Sin Suan Tuan'. For some more reading: Thailand Family/Marriage laws
  9. Believe that and you are in for a suprise! Why do you think you have to sign that document? It is to state that all the money to buy that property is from your wife (through a gift, or her private capital 'Sin Suan Tua' before marriage) and by doing that you specifically declare that it is not 'Sin Somros'! If you specifically do not want to lie about that, then don't sign the document. (Make it impossible to buy the land on your wifes name). Google 'Sin Somros', 'Sin Suan Tua' and get informed!
  10. This is just to cover their asses. (This is the main reason why lots of things are difficult in Thailand, employees have no protection against wrong mistakes so the easiest way for them to stay out of problem when they are not 100% sure is to just say 'Mai dai'. Ask for someone who can make the decision, often the employees manager or even the head of the department). No it is not. That is the specific purpose of the document, to prevent this from happening. A judge however can ignore this and decide otherwise, as such always good to have documentation where the money actually came from (transfers/building material bills etc). The land office is not part of the judicial system, they just have to comply with the landownership laws.
  11. It is pretty easy, if you start a real estate agency and you stay within the law you would only be able to sell a condo. You would be without a living income very soon. Hence the 'twisted solutions', it keeps them alive because so many foreigners just really have to have their own land/house, no matter what. A lawyer just fulfills those wishes the best they can, while keeping quiet about the details and consequences that will occur later. 'Later' is not their problem, they have income now.
  12. Mrboasts, all the things you just said are in fact illegal when a foreigner is involved. That you got away with it is just luck. Especially in places like Phuket or Huahin you have to be much more careful. You can drive through a red light hundreds of time without problem, that does not make it safe.
  13. Don't be intimidated by neighbours. Do what needs to be done. Police, Puyai Bahn (Village Headman), some money and it will be solved. If you not show some backbone then some people will just walk all over you.