Initial advice from legal FYI for anyone following thread
Below are our initial observations based on your notes
1. Individual / Company Structure
Individual ownership (via your wife) is more simplified.
However, if multiple villas are sold over time, the Revenue Department may treat this as a business, triggering Specific Business Tax (3.3%), withholding tax, and income tax, even though held in indiviudal’s name.
Company ownership allows better tax planning, especially for recurring sales.
You can deduct actual expenses (landscaping, build cost, interest, etc.), and only pay corporate income tax (20%) on net profits.
However, annual accounting, audits, and compliance costs (approx. THB 50,000 per year) must be factored in.
2. Tax Efficiency and Sale Strategy
Regardless of structure, some cost efficiency can be achieved by structuring sale contracts to allocate transfer taxes and duties to the buyer (common in the property market).
We can advise on how best to draft these terms to remain enforceable and market-acceptable.
If this is a one-off sale, selling under your wife’s name may suffice.
If you aim to sell multiple units over time, establishing a Thai company early on (before subdivision or construction) is likely to result in better long-term efficiency and fewer tax risks.