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SamuiRes

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Posts posted by SamuiRes

  1. I miss peoples inability to understand the word "pavement" whenever they set foot in Lamai .... :D

    Yep, I know what you mean :o Mind you most of the time its because there are no pavements.

    I dont miss a thing here - I even found Walkers Salt and Vinegar crisps in Lotus the other day - Wow, the real thing as well, 24 baht a packet so I bought 5!!!!

    I got the other five packets!! and a Smokey Bacon. All that is left is Cheese and Onion!

    Can't agree re the Indian Food comment in an earlier post. Noori on the Soi nearly opposite Poppies is pretty good.

  2. As a foreigner I was advised that you cannot get one of these repatriation certificates if you plan to buy land or a house using a Thai company and that only when you buy certain condos (local govt approved) can you get this certficate?

    This is one of the main problems I have with investingin Thailand is that these rules/laws for foreigners are not made clear. When it is my hard earned money that Im investing this lack of clarity makes things a lot more risky.

    All I can say from practical experience is that I have not had a problem sending money out with the TD3 certificate on behalf of clients. Nor have we ever had a problem getting the certificates. Suggest you ask whoever gave you this advice what experience they have had in this respect. Rumour is one thing. Fact is another and my comments are based on fact and actual application.

  3. I still dont get why anyone would want to invest in property or land in Thailand if repatriating money (getting their money out of Thailand and back to their homeland) is so difficult. This limiting factor will therefore always restrict the profitability of investments and until I get an answer Im not putting any of my money into Thailand until someone tells me a clear and easy way of how to get it back out again should I need to.

    Provided you brought the funds into Thailand correctly, ie throught the banking system and obtained a Tor Dor Sam certificate from the bank, you can repatriate those funds without any difficulty. The funds must come in in foreign currency and be converted to Thai Baht here and you must state that the funds are for investment in Thailand. As and when you wish to send the funds back you simply go to the bank with the Tor Dor Sam and make the transfer. I have done this for clients on more than one occassion and know it works.

    Now, assuming your investment has been wise and you have actually made a profit, you would expect to pay tax on that profit and if you provide the Tax Certificate from the Revenue Department you can freely repatriate those funds as well.

  4. You can get most things here although consistency of supply can be a problem. TOPS in the night market area has many things that TESCO does not have although a little more expensive. The only thing I cannot find here which I miss is Colemans Mustard in bottles - you can get the powder but it's not the same. We even had Walkers Crisps in TESCO last week! Decent cheese is hard to find - lots of packaged stuff but again the problem is supply - TESCO were without cheese for three weeks before Christmas.

  5. Driving on Samui has become something of a trial. The number of vehicles has increased so dramatically over the last four years that high speed crashes are a rarity as no one (except mini-bus drivers and lorry drivers who have their own set of rules) can drive that fast any more!

    The mud on the road at the southern end of Cheweng beach was always a fun trip in the jeep. Its been long paved since then, so its just another street. Although its been five years since I've been there, the more I think of Koh Samui the more I think of a Joni Mitchell song lyric," they've paved paradise and put in a parking lot"

    It is all good fun again now that the recent rains have washed all the sand off the hills and it has set like concrete over the actual concrete except where the water is still lying where it is just a slushy dangerous mess.

  6. "Mai Pen Die" is my phrase for describing Thai driving attitudes.  :o

    I did a "Thai Driving Test" a couple years ago that sums up my thoughts.

    http://www.thaivisa.com/forum/index.php?showtopic=6820

    cv

    I did the test to get my Thai Licence and the differences between what we are taught in the UK and here explain (maybe!) a lot.

    One example is that if you are on a main road and there is a road joining from the left and a car approaching you on the main road is signalling to turn right into that road - who has right of way? I would have said I do, but no, the Thai Highway Code gives him right of way. I got this wrong when I took the test and went back to the book to check that it really did say that. Clear as day with a picture to confirm it.

    What I do enjoy though is, when they flash their lights to signal they are taking right of way, I flash back immediately and keep going. Not something to do at high speed and I am ready to stop if need be, but it doesn't half confuse them!

    Driving on Samui has become something of a trial. The number of vehicles has increased so dramatically over the last four years that high speed crashes are a rarity as no one (except mini-bus drivers and lorry drivers who have their own set of rules) can drive that fast any more!

  7. I've been watching prices for land/property in the south area like samoui and phuket ,and it seems like there is a lot of building going on and the prices is rising.

    A good landslot is about 6-8 mill bath now and when i first started looking at these propertys the price was about 2-4 mill bath.Is there a change going on or what?

    I've asked in this forum before but nobody seemed recognize this.................

    So i've been looking at beachland in Cambodia to but the prices are pretty high there also.......about 2,5 - 3000 bth pr sqm land.

    Am i too late for some shopping ? :o

    I can only speak for Samui. land prices here have risen dramatically over the last couple of years. Four years ago one rai on the beach in Talig Ngam sold for Baht 2m. Today that would sell for Baht 8m or more easily.

    We are finding it harder and harder to put a value on any particular piece of land. There is no consistency in the market any more. One of the factors has been the buyer with significant funds who sees a plot of land he likes (particularly true of sea view close to the sea) and will pay what ever it takes to get that land. That is why we have seen some hillside/seaview land in the NE of the island selling for upwards of Baht 13m/rai. (Elsewhere 2.5 - 4.5 would be the norm) The philosophy seems to be, this is the location I want, I have the money, I will spend say Baht 15m on the land, another Baht 15m on the house, and have something worth maybe Baht 40m. In that sense the economics work, but only for very special land. There is a knock on effect of course in that everyone now thinks they can sell for Baht 15m/rai in that area, which is not necessarily true.

    The same philosophy seem to apply to beach land which is becoming scarcer and scarcer. However, from a personal point of view I really do not understand it as the limitations on what you can build on the beach restrict the ability to build a house of any size. I am not saying the restrictions are wrong, I applaud them, but strict size limitations, set backs, height restrictions, density restrictions - to me anway make the prices being paid for beach land unrealistic - but you cannot argue with the market - if someone will pay the price that is what it is worth.

    Arguing with myself here a bit - I slightly disagree with that though in as much I believe the true value is not what the highest bidder pays, but the what the second highest bidder would have paid.

    To answer the question - have you missed the boat? Well as my first boss said to me "You never miss the boat - there is a boat leaving every day - you just need to be on the right one!" Research the market, do not rush into anything, carry out good due diligence but be prepared to move quickly when a good opportunity presents itself because if you do not, someone else will.

  8. "The contents gave off a strong smell and Ms Sarapee fainted. She was taken to Khuan Khanun hospital and received 29 stitches."

    Can't be a true Thai then if she faints at the smell of dead fish! My wife has this bottle which she sneaks into the kitchen sometimes (normally it is forbidden in the house) in which she has the usual fermented dead fish sauce which would give Porton Down pause for thought. An essential ingredient for Pappaya Salad I am informed but how anyone gets near this toxic waste I have no idea! :o

  9. You say that you have built "on your wife's land". presumably therefore she already has title to it, whatever that title may be. If it is being upgraded to Chanot and has concrete pegs at each corner, it sounds as though it is Nor Sor Sam Gor. If that is the case you can register a lease now - provided your wife agrees of course!

    If on the other hand, reading between the lines, the land is still in the mother in laws name, then the presumtion is that the upgrade in title is part of the process of transferring the land to your wife. Registering a lease on the land should not prevent the upgrade and transfer of ownership but only you know the family politics as to whether it is best to wait until the land has been transferred if this is the case.

  10. I just had a look at my UK local newspaper website for yesterday - this is what I found

    Savage murderer has destroyed my family

    20 Dec: A grieving widow has told how her children were "robbed" of their father as his gunman killer was jailed for 30 years.

    Charges denied

    20 Dec: A 33-year-old man accused of carrying out two assaults has appeared in court.

    Not guilty plea

    20 Dec: A 61-year-old man accused of assaulting a woman, causing her actual bodily harm, has appeared in court.

    That is just one day - so lets keep this in proportion.

  11. To me this sounds like coming from a different place.

    Never experienced anything like this in he 6+ years that I live here.

    Also a bit strange that he drags a story into his story about two westerners being murdered which didn't even happen in Samui but sure gives the impression that it did happen on Samui.

    Uncohorent rambling in my humble opinion.

    I have been here for five years now and I have not experienced or seen anything like the situation described. Yes there are incidents here, mostly amongst the Thai community although on the odd occassion foreigners do get involved but then the same could be said of many towns and cities in the UK or USA. I read with some alarm the regular reports of murders and attacks in my home town in England and feel a hundred times safer here - even more so than in Bangkok where I lived for a year.

    1.2 million tourists are reported to have visited Samui last year and I think this has to be put in proportion. These days you are at risk anywhere you go in the world and the number of incidents I hear about here are very few in relation to the numbers.

    Yes, of course it was unfortunate for this particular individual to have this experience and it cannot be excused. Nor if the report is correct can the attitude of the Police - but we all know that a Thai smile can mean different things and cannot be taken at (excuse the pun) face value.

  12. I agree, I also do not feel there will be any attack on the Company structure. The only thing that may happen is more individual investigations into property purchase. Currently the Land Department has the ability to investigate any application for land purchase, with particular concern as to the Thai shareholders, and even has the power to look at their income and tax returns. In effect this rarely happens.

    My take is that if your Thai directors are legit and seen to have the means to participate as share holders then its ok.

    Beware of a lawyer who puts the downstairs noodle-seller lady and a tuk-tuk driver on as directors.

    As far as I am aware there is no requirement to have a Thai as a Director. However, the above post does raise another issue. Shareholders are shareholders and cannot be nominees - that is illegal. Therefore, why would they invest in your company? Presumably to gain income from investment. Therefore it may be prudent to pay a dividend (does not have to be large) to the shareholders each year. Just a thought.

  13. Hi All!

    I have been eavesdropping on your forum for a few weeks now, and I want to thank all of you for your very helpful information and tips, from bikes to banks to weather and doctors, you guys know it all!

    I will be arriving in Samui in January to live for a few years and was wondering who you guys use as cable and internet providers. Is it quite slow for everyone, or is there a quick option? I will have to do business with Canada and need the fastest connection (as does everyone!)

    Sorry to bore everyone with my mundane topic, there has been some really interesting threads latley, some even scary...... I think these are the types of things that are going on all over the world right now, they are not just hitting the south of Thailand. Crazy weather and crime are very serious issues that we all need to do our part and try to make a difference.

    Koh Samui is such a wonderful place, everyone who is lucky enough to live there should thank Buddha or whoever you look up to!

    Lovesun

    Provided you have a phone line you can get ADSL through TOT or TT&T and they have different options. The distance from their nearest switch may affect the speed though. We pay ca. Baht 1500/ month for unlimited access with TT&T and although the speed can be up and down, it is generally pretty good. If you want really high speed then you can get an account at the IT Centre in Lamai - which some of our clients have done and for the transmission of big files they go down there to do it. TT&T claim 256kb but we probably average around 180.

  14. If I'm understanding the last few posts correctly, Thai courts are not bound by precedent through case law and so what a judge decides in one case may not be followed in a similar case. I suppose that this applies only to case law that interprets statute law but it's still very significant. It presumably means also that if a law has been ignored for some years, a judge could still enforce it in a particular case even though the public had assumed it had fallen into disuse.

    Oh boy, am I glad that we didn't build our house on land that we bought through a mickey mouse company. Our Thai land belongs to my wife and there's no possibility that a court or tax man will be able to take it away from her. And there's no landowner to do that either :o

    I think that there have been a great many valid concerns stated in this thread and whilst some may feel secure in the land being in their Thai wifes name, that is really only as secure as the relationship. I would suggest that there are a significant number of failed marriages which would also result in the loss of the land as in order for a Thai wife of a foreigner to own land, the foreigner has to sign away all rights to that land. Is that really any more secure than the way I suggested earlier?

    Whilst I think we are all aware that logic is not at the top of our host countries thinking, I cannot see that the Authorities would take it upon themselves to seriously attack the company structure provided they were receiving tax revenue. To do so would destroy future investment in Thailand for years.

    What I suggest is more likely is that they will impose and enforce specific taxation on companies owning residential real estate which will benefit the country and why should we not pay for the privilidge of living here? After all that would be the equivalent of Council Tax in the UK and would help fund much of the sadly lacking infrastructure, particularly here on Samui.

    Another point that needs making is that we have seen a number of people set up legitimate Thai companies but with the foriegn element being held offshore. This I think is particularly dangerous as it is an obvious attempt to avoid tax and something I believe the Authorities will be looking at very soon as they did in Spain.

  15. And the rice always become lice :o

    Absolutely! My Thai wife and I were driving home one night and I had a Robbie Williams CD on with him singing the Nat King Cole standard "Straighten up and Fly Right!" In all seriousness she asked me "Why he sing about fried rice?" I had to stop the car until I coudl stop laughing and explain to her why. She took it in good part and we still joke about it - even sing that version when it comes on.

  16. Tempting to buy a house or Condo but the risk is huge.

    Some jacka** next door could open an all nite Karaoke, a motorcycle repair,  an auto body shop or metal recycler......

    It happens.

    This is probably as big an issue as any as planning controls do not seem to exist to prevent this. Looking for an investment and holiday home, this is as good a reason as any to buy on a managed development as opposed to going it alone.

    However, back on topic - it is perfectly legal to own the building as opposed to the land so the Thai company owns the land on which you pay rent, therefore the Thai company is trading and pays tax on the rent. You have leased the land in your own name which is also perfectly legal, the lease of the land is registered at the Land Office for 30 years plus two 30 year options. Your ownership of the building cannot be disputed - it is perfectly legal under Thai Law. The Thai company is trading so is also legitimate.

    The alternative is to lease the land from a third party and register the lease and the options at the Land Office. Again perfectly legal. My one concern here is exercising the options in 30 years time. If the original land owner cannot be found or has died and the family are reluctant to go to the Land Office to exercise the renewal or the land has changed hands etc. what do you do? I have not had a satisfactory answer to that apart from go to court and I am not aware of any legal precedents to help. If you control the Thai company as stated previously this issue cannot come about.

  17. Is tipping expected in a better restaurant, even when a 10 % service charge is part of the bill ?

    I like the way they do it at the Coco Blues Bar here in Samui. All the staff put the tips in a box and at the end of the evening two staff members empty the box and divide the tips between everyone (managers excepted) working that day including kitchen and cleaning staff. There is no Service Charge so it is up to the staff to provide good service - and they do.

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