Thailand’s New Land and Building Tax Act 2020 - Tax assessment Notice?

[patrick228]

Not sure if this topic has been discussed elsewhere.

 

I have a condo in Bangkok but I am currently in overseas and not able to visit Bangkok these few months. Some background: I am a foreigner, I have the blue house book, sole owner, property value much less than 50M Baht.

 

I just came across this new Tax Act and the requirements, knowing that the deadline for filing is end of this month, August 2020. 

 

Various sites indicate that tax assessment letter/notices should be issued to the taxpayers in June 2020. 

 

Questions:

1. Did the Thai government issue this particular "tax assessment" to the owner of each house or condo according to the property address and regardless they are locals or foreigners?  as I have no idea if it exists, it is in my mailbox or not.

 

2. Do the taxpayers have to complete this designated tax assessment or tax return? whether the owner is exempted from paying the tax, or liable for taxes? 

 

3. Can the owner file another format of the tax report / return, rather than the received tax assessment, if it is ever issued to each owner to the property address?

 

Thank you. 

 

 

 

 

[GrahamJ]

Hi, you should have received a letter in June stating the classification of your property which is either "Stay" or "Other".

Stay means it's your main place of residence, your family home and is free of tax.

However, if its marked as Other then it's classified as a second property, rental, holiday home and will be taxed at 0.02% per million up to 50m which is due by the end of August.

Because of covid 19 the government has given all property owners a 90% discount this year.

So basically if this condo is your place of residence then you will not pay any tax and have nothing to worry about. Even so you should get someone to open your letterbox and check the letter to ensure the property is classified correctly.

 

 

 

 

 

 

 

 

[OneZero]

11 hours ago, GrahamJ said:

Hi, you should have received a letter in June stating the classification of your property which is either "Stay" or "Other".

Stay means it's your main place of residence, your family home and is free of tax.

However, if its marked as Other then it's classified as a second property, rental, holiday home and will be taxed at 0.02% per million up to 50m which is due by the end of August.

Because of covid 19 the government has given all property owners a 90% discount this year.

So basically if this condo is your place of residence then you will not pay any tax and have nothing to worry about. Even so you should get someone to open your letterbox and check the letter to ensure the property is classified correctly.

 

 

 

 

 

 

 

 

By default what does the June letter typically show, "Stay or Other" (I can't read Thai).

I don't intend to do it, but some could claim "Stay" on multiple condos, at least in different jurisdictions / province.

 

Do you think there is a nationwide computer system to prevent that?

In response to my own question I assume that Yellow Book registration is computer accessible nationwide, and a Yellow Book or Certificate of Residence May be necessary to prove "Stay" to local tax officials.

 

[OneZero]

Sorry, I'm having trouble with the Edit function, so am posting an additional assumption as follows:

 

Upon sale of  property the seller will probably now also have to get a letter from tax office that there are no outstanding taxes due (like condo no debts letter) before Land Office will process the transfer. 

[Captain Monday]

On 8/20/2020 at 12:20 AM, GrahamJ said:

Hi, you should have received a letter in June stating the classification of your property which is either "Stay" or "Other".

Stay means it's your main place of residence, your family home and is free of tax.

However, if its marked as Other then it's classified as a second property, rental, holiday home and will be taxed at 0.02% per million up to 50m which is due by the end of August.

Because of covid 19 the government has given all property owners a 90% discount this year.

So basically if this condo is your place of residence then you will not pay any tax and have nothing to worry about. Even so you should get someone to open your letterbox and check the letter to ensure the property is classified correctly.

 

 

 

 

 

 

 

 

Notified yesterday by Juristic person email all owners have received assessment letters. Told to pay this new tax by August or there will be a penalty and surcharge!  Well its almost September hand I have been unable to return due to covid. The screws tighten, the pot boils.

 

How is the value assessed?  Sale price or some assessed value? 

 

 

[patrick228]

On 8/19/2020 at 11:20 PM, GrahamJ said:

Hi, you should have received a letter in June stating the classification of your property which is either "Stay" or "Other".

Stay means it's your main place of residence, your family home and is free of tax.

However, if its marked as Other then it's classified as a second property, rental, holiday home and will be taxed at 0.02% per million up to 50m which is due by the end of August.

Because of covid 19 the government has given all property owners a 90% discount this year.

So basically if this condo is your place of residence then you will not pay any tax and have nothing to worry about. Even so you should get someone to open your letterbox and check the letter to ensure the property is classified correctly.

 

 

 

 

 

 

 

 

Thanks for info. The condo juristic office told me that they received the tax notices and distributed to the units' mailbox. Of course, the office can't say whether every unit or just some units have received the tax notice. OK, the next point is to open my mailbox to find out, which I am unable to do so. Even I can, and have found the tax notice, I have then to arrange for payment.  Does anyone who has received this tax notice locate a "QR code" inside the tax notice and is it possible to make online payment, internet bank transfer, or something like that based on this QR code?

 

I read from a non-reliable source, saying that the tax authority has concluded the foreigners' owned units are considered as residential home. But to be exempt from tax as the first residential home under the scheme, the owner (including the foreign owner) has to be registered in the yellow house book. Without the registration, the foreigner's owned unit will not be exempt from this tax.

 

Back to my case, I would just assume that the tax notice has arrived into my condo mailbox which is beyond my reach in these few months. Now I assess the implication. Assuming the appraised property value is 10 million, the 0.2% tax rate will generate 2,000 baht tax liability before 90% discount or 200 baht net of discount. In addition, I read somewhere that the overdue penalty charge is progressively going up to 40%, or 80 baht in my example. With the above analysis, I will just let it be till I am able to travel to Bangkok to make the payment plus overdue penalty.

 

 

 

 

 

[patrick228]

32 minutes ago, patrick228 said:

Thanks for info. The condo juristic office told me that they received the tax notices and distributed to the units' mailbox. Of course, the office can't say whether every unit or just some units have received the tax notice. OK, the next point is to open my mailbox to find out, which I am unable to do so. Even I can, and have found the tax notice, I have then to arrange for payment.  Does anyone who has received this tax notice locate a "QR code" inside the tax notice and is it possible to make online payment, internet bank transfer, or something like that based on this QR code?

 

I read from a non-reliable source, saying that the tax authority has concluded the foreigners' owned units are considered as residential home. But to be exempt from tax as the first residential home under the scheme, the owner (including the foreign owner) has to be registered in the yellow house book. Without the registration, the foreigner's owned unit will not be exempt from this tax.

 

Back to my case, I would just assume that the tax notice has arrived into my condo mailbox which is beyond my reach in these few months. Now I assess the implication. Assuming the appraised property value is 10 million, the 0.2% tax rate will generate 2,000 baht tax liability before 90% discount or 200 baht net of discount. In addition, I read somewhere that the overdue penalty charge is progressively going up to 40%, or 80 baht in my example. With the above analysis, I will just let it be till I am able to travel to Bangkok to make the payment plus overdue penalty.

 

 

 

 

 

After I posted the above message, I realised I might have mistaken the condition for 90% discount in context of overdue. What I read elsewhere was that the discount is only applicable if the taxpayer settles the payment before 31 Aug 2020. That implies in case of the overdue, the original liable tax amount, or 2,000 baht will be used as a base for penalty calculation, i.e. (40% of 2,000) or 800 baht! 

[holy cow cm]

1 hour ago, patrick228 said:

Other then it's classified as a second property, rental, holiday home and will be taxed at 0.02% per million up to 50m which is due by the end of August.

Because of covid 19 the government has given all property owners a 90% discount this year.

This Regime is sure out to make everyone bend over and take a fat one between the cheeks.

[Captain Monday]

Maybe if it is a land tax the assessed value is a proportion of the value of the 

land condo is based on? 

[Bender Rodriguez]

On 8/19/2020 at 4:40 PM, patrick228 said:

I am a foreigner, I have the blue house book,

mhhh, condo's have yellow books, so ... ghost writer ?

[Captain Monday]

33 minutes ago, Bender Rodriguez said:

mhhh, condo's have yellow books, so ... ghost writer ?

I have the previous Thai owners Blue Book, usual.

 

[jojothai]

1 hour ago, Bender Rodriguez said:

mhhh, condo's have yellow books, so ... ghost writer ?

No. You only get a yellow book if you specifically want it and provide all the documents they need from you.
otherwise you get a blue book and as a foreigner it will not have your name in it.

Most agents tell you that you need the book to sell the property.

[jojothai]

42 minutes ago, Captain Monday said:

I have the previous Thai owners Blue Book, usual.

 

Then check if it has a name in it.

If it has one, the condo is registered as theirs and not yours.

If so, go to the land office and get it changed. Take your proof of purchase document as well as the original chanote.

If you are a foreigner they will give you a new blue book. It will not have your name.

 

If you want a yellow book you have to ask what documents they will need.

They can be awkward, Check TV for posts on what is required.

Note:

If there is no name in the blue book and/or the thai name has been cancelled, then the book may have already been updated for you during the purchase process. You may need somebody who can read thai to tell you what is in the book.

[chilly07]

Yes we received a notice from City Hall a couple of months ago. No estimated value or assessed liability yet. If it's anything like the previous property tax eventually they will search chanotes at the land office and anything quoting a rent will be assumed to be a second home and taxed. Lots of second homes will be transferred to relatives and no tax collected. As always farang will be an easy target.

[hansnl]

21 hours ago, holy cow cm said:

This Regime is sure out to make everyone bend over and take a fat one between the cheeks.

Rather a strange comment.

Our tax, in fact, on the land has gone down, on the second house has gone down and on the first house has remained nil, all excluding any discount.

[bradiston]

I believe the assessment is made on square meterage

[patrick228]

4 hours ago, jojothai said:

No. You only get a yellow book if you specifically want it and provide all the documents they need from you.
otherwise you get a blue book and as a foreigner it will not have your name in it.

Most agents tell you that you need the book to sell the property.

That's correct. I bought the condo unit direct from the developer few years ago and I went to the Land Office with the developer to do the transfer on the spot. I got the chanote, and the blue book which didn't have my name inside. I went to a local bank to open a bank account. I got help from the bank staff, as an independent person, to verbally translate the chanote and the blue book content to me to ensure everything is in order. 

 

There are few links from internet to look for information about blue or yellow house book, including this:

https://www.thailandlawonline.com/article-older-archive/thai-house-registration-and-resident-book  

[teutonian]

After receiving the generic notice with the QR code but no specific bill, I asked for clarification from our building management. 
 

“

I am writing this to clarify the Land and Building Tax Assessment, as we have contacted with Vadhana District and concluded that Vadhana District already stopped sending the letter. In case the letter hasn't been received, please directly contact with the Vadhana District Office and make a payment (In cash only). 

 

For Owners; 

1. Copy of owner passport/identification card 
2. Copy of title deed 

 

For representatives; 

1. Copy of owner passport/identification card 
2. Copy of representative passport/identification card 
3. The proxy letters 
4. Copy of title deed 

You can also bring related documents if there is any. 

  

Address: Liberty Plaza Building, Klong Tan Nuea, Vadhana district, Bangkok 10110 Thailand 

Open Hours: 08:00 AM - 4:00 PM (Monday - Friday) 

Phone Number: 02 381 8930 

E-mail: [email protected] 

 ”

 

what a gem.  Foreigners can’t travel to Thailand, the city wants cash only (even though official notifications said Krunthai bank) and there is just a hotmail email address. 
 

so it’s looking like a scam to me now. 

[statman78]

2 hours ago, teutonian said:

After receiving the generic notice with the QR code but no specific bill, I asked for clarification from our building management. 
 

“

I am writing this to clarify the Land and Building Tax Assessment, as we have contacted with Vadhana District and concluded that Vadhana District already stopped sending the letter. In case the letter hasn't been received, please directly contact with the Vadhana District Office and make a payment (In cash only). 

 

For Owners; 

1. Copy of owner passport/identification card 
2. Copy of title deed 

 

For representatives; 

1. Copy of owner passport/identification card 
2. Copy of representative passport/identification card 
3. The proxy letters 
4. Copy of title deed 

You can also bring related documents if there is any. 

  

Address: Liberty Plaza Building, Klong Tan Nuea, Vadhana district, Bangkok 10110 Thailand 

Open Hours: 08:00 AM - 4:00 PM (Monday - Friday) 

Phone Number: 02 381 8930 

E-mail: [email protected] 

 ”

 

what a gem.  Foreigners can’t travel to Thailand, the city wants cash only (even though official notifications said Krunthai bank) and there is just a hotmail email address. 
 

so it’s looking like a scam to me now. 

We live in Chiang Rai and also have a condo in Bangkok which we had to pay tax.  My wife was able to go to a Krunthai Bank branch in Chiang Rai to make the payment.  Unfortunately that still doesn’t help anyone who is not in Thailand.

[patrick228]

18 hours ago, teutonian said:

  

Address: Liberty Plaza Building, Klong Tan Nuea, Vadhana district, Bangkok 10110 Thailand 

Open Hours: 08:00 AM - 4:00 PM (Monday - Friday) 

Phone Number: 02 381 8930 

E-mail: [email protected] 

 ”

My condo is also located in the Vadhana, or Wattana district. The above address and phone number is correct, though I don't know about the email.

 

I start this thread and I have found the solution of my own questions today.

 

I managed to get someone to open my mailbox and find the notice from Tax Office. Inside shows a statement of the unit details. There is no tax amount shown. The person also called to the Wattana Land Office and they replied that if I stay in the unit and do not rent out, I don't need to pay this building tax. Therefore, I believe that's!

 

 

[statman78]

2 hours ago, patrick228 said:

My condo is also located in the Vadhana, or Wattana district. The above address and phone number is correct, though I don't know about the email.

 

I start this thread and I have found the solution of my own questions today.

 

I managed to get someone to open my mailbox and find the notice from Tax Office. Inside shows a statement of the unit details. There is no tax amount shown. The person also called to the Wattana Land Office and they replied that if I stay in the unit and do not rent out, I don't need to pay this building tax. Therefore, I believe that's!

 

 

It’s great that you could find somebody who could help and everything turned out well!

[Pferdlkrantz]

My visit to the City Hall today, Monday 24.08.2020.

I deal quite extensively with some co-owners in my condo and prepared a list of questions that I thought relevant and that would cover.  There was quite a crowd there, but I weaselled through and looked for an official, who parked me with one of the back-office workers.  Her English was limited but she was very willing to assist, so I presented her with the list as below.  Note that the answers to the questions are in italics and there is a short analysis at the end. 

I represent several co-owners in a condominium in Pattaya.

Some received a letter of notification regarding the new Land Tax in the early part of the year, others have not. 

We have heard that we may have to pay the tax either by the end of August or the end of September, but none of us have received any form of tax demand or invoice.

In the interests of paying on time there is certain information we would be interested in receiving:

·         How is the tax amount calculated? .02% of the Land Office evaluation

·         Is it based on sale price or an assessment by the Land Office? Or is it based on the size of the apartment?  Land Office evaluation.

·         Is there a table that can be consulted? No.  It depends on the Land Office evaluation.

·         In the case of a person owning more than one apartment, how is the tax calculated? The total of the Land Office evaluations is combined and there is a tax on the total.

 

·         In the case of two apartments combined into one, is the tax demand based on the apartment now being a single apartment or still calculated as two apartments and thus subject to a higher tax demand? The total of the Land Office evaluations is combined and there is a tax on the total, the rooms are not considered separately or jointly.

 

·         Is this information available on-line in English or any other foreign language? No

·         Will we receive a tax requirement or an invoice? Should be between 01-30 September 2020

·         Will other co-owners who have not received a Land Tax notice be informed in the near future? Not answered.

 

·         What is the due date for payment?  30 September 2020

·         What are the fines for non-payment or late payment? If not paid by the due date, 10% of the valuation, increasing monthly by 10%

 

·         How are demands sent to co-owners who do not live in the condominium?  Please note that post is not forwarded from the condominium to local or international addresses. They are  sent only to the condominium.

.

______________

Analysis:

For every 1,000,000 of the evaluation, a Tax of 200Bt is payable.  There is no lower limit, as was mooted in the original information.

If you have more than one apartment, you are taxed on the total value of the apartments, there is no extra tax.  This applies whether the apartments are in separate locations or not, or if two apartments have been knocked into 1.  (Good advantage here, as the Land Office doesn’t take into account the increased value of this type of apartment).

The evaluation from the Land Office is below the sale value of the apartment.

The question regarding non-receipt of the notice was very vaguely answered but I would assume not.   That also went for the question of the Tax Demand/Invoice, but my feeling is that you should get there and pay if you can.  

They seem not to be interested in how persons who don’t live in Thailand or can’t get back to Thailand will be informed or be expected to pay the Land Tax

Personal experience:
As I was only there to ask for information, I had brought no docs except for my passport, which was not requested.  She asked for my address and Sshe accessed the Land Office database and was able to call up my apartment including the LO evaluation.  I asked if I could pay it now.  She said yes, and there was a 90% (nine zero %) discount IF PAID BEFORE 31 AUGUST.   

There was an interesting side question that might depend on personalities/locations - I'm in Pattaya, but I also asked if I could pay for other people and she replied "Sure, just bring me a table with the names and room numbers and you can pay them all." 

The rest of the episode passed very quickly and easily, I paid and was gone.  Including chat and waiting time it was less than an hour.

 

Regards P.

 

 

 

[Captain Monday]

On 8/22/2020 at 9:42 PM, jojothai said:

Then check if it has a name in it.

If it has one, the condo is registered as theirs and not yours.

If so, go to the land office and get it changed. Take your proof of purchase document as well as the original chanote.

If you are a foreigner they will give you a new blue book. It will not have your name.

 

If you want a yellow book you have to ask what documents they will need.

They can be awkward, Check TV for posts on what is required.

Note:

If there is no name in the blue book and/or the thai name has been cancelled, then the book may have already been updated for you during the purchase process. You may need somebody who can read thai to tell you what is in the book.

I have everything, updated properly. The ownership is properly registered in m name.

[HampiK]

On 8/23/2020 at 11:42 AM, jojothai said:

Then check if it has a name in it.

If it has one, the condo is registered as theirs and not yours.

If so, go to the land office and get it changed. Take your proof of purchase document as well as the original chanote.

If you are a foreigner they will give you a new blue book. It will not have your name.

 

If you want a yellow book you have to ask what documents they will need.

They can be awkward, Check TV for posts on what is required.

Note:

If there is no name in the blue book and/or the thai name has been cancelled, then the book may have already been updated for you during the purchase process. You may need somebody who can read thai to tell you what is in the book.

Sorry the blue book not say who the condo owns. It's only describe who stay in the condo!

 

The Chanote the big paper (bigger than A4 is the ownership document).

But if you not named in the yellow book (as a foreigner or non Thai Resident/Citizen) then the condo normally not count as your main residence and then you should pay property tax even for your first condo.

And unfortunatelly many received a Invoice even for the first propertey, which can be solved in the land office.

[YT3k72Em]

On 8/24/2020 at 3:03 PM, Pferdlkrantz said:

My visit to the City Hall today, Monday 24.08.2020.

 

Did you ask them about the primary residence exemption?  If you live there (registered in yellow book) then there is no fee I thought. (see post #2)

 

Since most foreigners will only own a single place, they shouldn't need to pay anything and wont have to worry about it.

[Captain Monday]

This might be interesting to the "Yellow Books are useless" crowd.

[jojothai]

On 8/24/2020 at 3:03 PM, Pferdlkrantz said:

My visit to the City Hall today, Monday 24.08.2020.

..........

      ·         Will we receive a tax requirement or an invoice? Should be between 01-30 September 2020

·         Will other co-owners who have not received a Land Tax notice be informed in the near future? Not answered.

    ·         What is the due date for payment?  30 September 2020

Update FYI.
The post by Pfrdlkrantz was excellent and alerted me to a number of issues thanks.

I'm surprised this matter does not have a lot more interest on TV , considering that the 31 August is fast approaching and there is Chaos now in the city Halls.

Two days ago My Thai wife went to the relevant office in Hua HIn where we have an apartment and asked what to do because there was no notices issued for the tax. (Same situation as a condo I have in Jomtien).
She was told to ignore it if there was no letter.
However yesterday all hell seems to have broken out as there were broadcasts on tv and / or radio reminding people to pay the tax before 31 august. It seems the Hua hin office has been swamped the last day or two and you cannot get through by telephone.
Today the authorities have realised the problem that the letters had not been issued and therefore everybody has to go to the Town Hall. This has made an enormous number of people angry ???? ???? ????
Not least the staff trying to deal with the avalanche who are not sufficient for it.
It seems that this has invoked some common sense,
and my wife told me a few hours ago that there has been announcements made that the deadline would be extended to the end of September. (just as Pfrdlkrantz reported from Pattaya thanks).
Hopefully it has quelled the issue , but we will still have to see what happens before the next deadline. ????
I suggest those that may need to pay at town hall or need to find out go early. 

[donx]

I asked my wife about this tax a few days ago. She said she never heard about it and none of her Thai friends or relatives have discussed it. I explained to her that there is this new tax that needs to be paid by the end of August (perhaps the deadline has been extended as mentioned above). Anyway, she agreed to contact her brother to find out about it.

 

My wife owns a townhouse in Krabi but she never received a blue book (thambean baan?) for it but we do have the chanote. She also owns vacant land in the Tha Sala district of Nakhon Si Thammarat that in the past she declared as farm land since it has a few coconut trees on it and paid a minimal tax on it. My wife is listed on her brother's house register (in Phatthalung province) as this was her parents' house. So she asked her brother to contact the government office in Tha Sala to pay the tax. He was told the land needs to be surveyed again in order to assess the taxes that are due. The term "surveyed" is what my wife told me, but it probably doesn't mean what we Westerners would refer to as a land survey. My wife said she will call to office tonight (morning in Thailand as we live in the US). Now I'm thinking that I just kicked a sleeping dog and should tell her not to bother them. Then again, I want to pay any tax that we owe in order to avoid any additional fees.

 

As far as my wife knows, no notice was ever sent to her for either the townhouse or the vacant land. I'm hoping that the Krabi government office assumes her townhouse is exempt and thus no tax is due. But I don't understand why there wasn't a notice for the vacant land. And what about all the farm land that her friends and family own? Isn't there a new tax on that as well? I find it very strange that of all the Thais my wife knows in the US and in Thailand that this topic about the new tax hasn't been discussed.

[Digitalbanana]

On 8/24/2020 at 1:35 PM, statman78 said:

It’s great that you could find somebody who could help and everything turned out well!

Thanks, that's good to know. I have the exact same format letter as you and a yellow book so my take on it all was I have nothing to pay also.

[easyridercc]

I didn't receive any tax letter for my Bangkok Condo, so the Condo office said to speak with Vadhana District office.  When my wife called Vadhana they said to visit local amphur office.  We went down there with my yellow tabian baan book, they checked on the system and printed a receipt saying 0 tax due.  We are living in the condo and only own one condo, but we wanted to double check as new law and to avoid any late payment fees.  It would be easier if they sent everyone a letter, even for cases where 0 tax is due.   Next year we'll know now.