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ballbreaker

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Posts posted by ballbreaker

  1. A lot depends on her current situation.

    Does she currently have health insurance that will cover her when out of country of residence?

    Travel insurance can be obtained that covers medical and personal property.

    Be aware that most travel insurance policies only cover short trips out of home country not extended trips for 9 months. I've used BUPA Thailand in the past for travel medical insurance and the max time out of country was 90 days on a trip.

    Make sure any policy you obtain has medical repatriation back to home country in case of serious medical problems.

    Moderator this thread might be better in insurance forum.

  2. Talking with lady in Soi Cowboy and she said crackdown would only last through August. According to her it was prompted by Chuwit Kamolvisit charges of gambling dens being operated by several high ranking police officers. The national police chief has taken it one step further and also ordered crackdown on nightclubs operating outside of law.

    Will wait till September to see if she was right.

  3. OP do not listen to people who say you cannot bargain down the MSRP of a new car. How much of a discount you can get will depend on the price of the car and extra's you want.

    In the last eight years I have purchased two cars and obtained a discount from the MSPR on both. I also received the extra's I desired. The first was a car I ordered and the second was one off the lot. I found it work just like the US where the sales person will say cannot do but you must insist he talk with the sales manager before saying cannot do. In both cases I was getting ready to walk out the door and they said wait and the deal happened.

  4. Never a problem with replacement cards for Visa or MasterCard being sent to Thailand from US. American Express on the other hand will not send replacement card but will arrange for one to be ready for pickup at AmEx in Bangkok when I need replacement.

  5. The following is from IATA Travel Centre.

    Passport validity

    If there is no specific mention of validity, passports are simply required to be valid on entry. However, most countries do have a specific requirement and where this is published, is the actual practice of the immigration officials at airports. Please note that when consulting embassies on passport validity, more often than not the advice given will usually be validity of 6 months. This is quoted, as this is the minimum requirement for a visa issuing authority when issuing a visa in a passport.

    Soruce: http://www.iatatravelcentre.com/page/terms/P.htm

  6. I am not sure if verbal agreements will stand up in court but the following is translation of Thai law for people allowed habitation.

    HABITATION (arsai)

    Section1402. A person who has been granted a right of habitation (arsai) in a building is entitled to occupy such building as a dwelling place without paying rent.

    Section1403. A right of habitation may be created either for a period of time or for the life of the grantee.

    If no time has been fixed, such right may be terminated at any time by giving reasonable notice to the grantee.

    If it is granted for a period of time, the period may not exceed thirty years; if a longer period is stipulated, it shall be reduced to thirty years. The grant may be renewed for a period not exceeding thirty years from the time of renewal.

    Section1404. The right of habitation is not transferable even by way of inheritance.

    Section1405. Unless the right of habitation is expressly limited to be for the benefit of the grantee personally, the members of his family and his household may dwell with him.

    Section1406. Unless expressly forbidden by the grantor, the grantee may take such natural fruits or products of the land as are necessary for the needs of his household.

    Section1407. The grantor is not bound to maintain the property in a good state of repair.

    The grantee cannot claim reimbursement of expenses made by him for improvements to the property.

    Section1408. When the right of habitation comes to an end the grantee must return the property to the grantor.

    Section1409. The provisions of this Code concerning Duties and Liabilities of the Hirer, as specified in Sections 552, 555, 558, 562 and 563 shall apply mutatis mutandis.

    (above can be found at thailawonline.com)

  7. Should the child die you would most likely be granted ownership but would have 1 year to sell or transfer ownership to Thai person because foreigners cannot own land.

    I heard (and lawyer confirmed) that if I inherit land as a foreigner, it is possible to keep 1 Rai or less of land in my name, even beyond 1 year, if I am using it for residential purposes and after getting permission from somewhere (ministry of foreign affairs if I remember correctly).

    Two lawyers I talk with say it will not be approved.

    Below (thailawonline.com) pretty much sums it up. It talks about inheritance from spouse but I assume same applies if from child. You can check web site for more info. I asked these question of two lawyers before wife made her will.

    Inheritance of land by foreigners

    Foreigners are not allowed to own land in Thailand and foreigners cannot inherit ownership in land in Thailand. Foreigners married to a Thai national could be confused by the wording in section 93 of the Land Code Act: 'A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87'.

    Section 93 (upon permission of the Minister of Interior) must be read only in relation to section 86 of the Land Code Act, foreign ownership under a treaty, and not in relation to foreigners inheriting land from their Thai spouse as a statutory heir. The over 50- year old section refers to statutory heirs of foreigners who acquired land by virtue of the provisions of a treaty (section 86). The last treaty was terminated in 1970 and there is currently no treaty with any country allowing the Minister of interior to grant permission to foreigners to acquire and own land in the Kingdom of Thailand.

    A foreigner married to a Thai national can inherit land, but will not be given permission by the Minister of Interior to register ownership. Therefore, any foreigner who inherits land as a statutory must dispose of the land within a period not less than 6 months and up to 1 year. If the foreigner fails to dispose of the land the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before any deductions or taxes.

    Note that it is only since 1999 (ministerial regulation) that a Thai national married to a foreigner is allowed to own land after is made sure that the foreigner does not obtain ownership rights in the land (letter of confirmation). Also upon death of the Thai spouse the foreigner will not be give permission to register ownership over land.

    I think your best option would be buy the land in name of child. Since child is underage and cannot manage his own affairs you would petition the court to approve usufruct in your name good till your end of life. Regardless of who may inherit the property you have total possession until your death.

  8. The papers for a usufruct must be signed by the grantor and grantee. Since you are not Thai any matters concerning the land must be approved by the court (Commercial and Civil code of Thailand Section 1574). If court does approve they will probably grant usufruct only till child reaches sui juris.

    Should the child die you would most likely be granted ownership but would have 1 year to sell or transfer ownership to Thai person because foreigners cannot own land.

  9. Previously posted by board member "stgrhe"

    There are four items:

    1. Transfer fee = 2% of the registered value of the property

    2. Stamp duty = 0.5% of registered value. Only payable if exempt from business tax

    3. Withholding tax = 1% of the appraised value of the property

    4. Business tax = 3.3% of the appraised value of the property if selling within 5 years. This applies to both individuals and companies

    The transfer fee is the only one that normally should be payed by the buyer. The stamp duty and the taxes should be carried by the seller.

    Above are the fees when you have a buyer and seller.

    Which ones are applicable when someone inherits land and house in a will?

  10. If you don't have the cash right now then say so and let the chips fall where they may.

    I do not understand why so many expats even consider much less give in to request for large sums of money.

    My wife's parents were dirt poor rice farmers and they never asked for money but we did help out by sending 100 USD every three months. My wife thought it was the responsibility of all her brothers and sisters to help take care of parents and she made sure they paid their share.

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