19 minutes ago, MIke B Bad said:

This is the "million-baht question" for many foreign-Thai couples. In 2026, with the government’s heightened focus on nominee structures and illegal landholding, the authorities are looking closer at the "money trail.

Whilst the system has always recognised this transfer of wealth as being within the family the authorities could argue that your wife is acting as a "nominee" to bypass the prohibition against foreigners owning land. Even though you are married, if they classify it as a nominee arrangement rather than a legitimate purchase by a Thai spouse, it becomes an illegal landholding under the Land Code.

So this isn't about what has always been the case, what the precedent has been, what people understand the situation to be............it's about Anutin and how the Thai authorities may try to interpret the law to their own ends.

Ultimately I think it will be kept as surgical intervention against specific individuals rather than a sweeping action taken against ordinary folk.

No it doesn't. You both sign an agreement stating that she is 100% the owner and the foreigner has zero ownership. Money trail is a non-issue. Simply state it was 100% your money - it doesn't matter in the least. If you don't do anything illegal as in a side contract or mentioning to "your" lawyer that you have an agreement, it is 100% legal.

There are many things the government could do but that has always been the case. They could freeze all foreign funds in the banks even though it is legal for us to have money in the bank. This isn't going to happen but probably more likely than declaring property that Thais bought legally isn't their property.

I hope this doesn't turn into one of those weird tax threads :)

Edited June 22Jun 22 by atpeace

Yes, my thoughts exactly.......I can't imagine a purge would get down to our/my level........but it just might in certain areas, or if someone upsets the wrong person!

I think she's safe regardless. And you're probably safe unless she decides to divorce you.

What I'm not reading here is a discussion of the rights that you've given up as a function of Thai law that doesn't favor the foreigner. That's something all foreigners should consider before pulling the trigger.

I'm also curious how a mortgage would work. I suspect that most of the guys moving (and marrying) into Thailand are "older" and have a nest egg already. So they buy with cash. I'm curious how a younger couple with one of them being a foreigner would even apply for a mortgage. Not a loaded question- I'm genuinely curious...

52 minutes ago, atpeace said:

NO, it can be your money as long as it was gifted to your wife. It really isn't complicated.

The Sin Suan Tua you mentioned above is confirmation that it isn't joint marital property. Who is telling you this?

Below is how it is handled legally:

The Mandatory Process: The "Letter of Confirmation"

When your wife goes to register the land title, both of you must sign an official Land Department document called a Letter of Confirmation.

By signing this, you and your wife jointly declare under oath that:

• The money used to buy the property belongs exclusively to your wife as her personal asset (Sin Suan Tua).

• The money is not joint marital property (Sin Somros).

• You, the foreign spouse, have no legal or beneficial claim to the land.

Because you are declaring the funds are completely hers, transferring the money to her account to make the purchase fits cleanly within this legal framework.

And if I am not wrong, you can gift your wife up to 20 million baht a year tax free in Thailand. The Sin Suan Tua form is there for this purpose at the Land Office, and it is perfectly legal with no consequences unless it is part of fraud.

52 minutes ago, MIke B Bad said:

I'm certainly not losing any sleep as I'm the the freeloader......my wife worked for the British MoD for 13 years, paid for everything we have and has, as they say, all the receipts.

With this in mind, it now feels more like a wind up and a bait thread than a serious warning.

14 minutes ago, Hummin said:

And if I am not wrong, you can gift your wife up to 20 million baht a year tax free in Thailand. The Sin Suan Tua form is there for this purpose at the Land Office, and it is perfectly legal with no consequences unless it is part of fraud.

It is 10 mi I think and even if more it isn't an ownership issue but there would be tax consequences. Buying a house for your wife is completely legal and for that matter, buying your GF a house is also legal. In the latter you don't even have to sign anything. She is by default the owner.

The OP is confusing illegal gifting ( not a gift -555) with legal gifting. Or maybe he mentioned to his lawyer that he and his wife have a side agreement ( written or spoken) that the proceeds upon selling the property will be divided. This is illegal.

8 minutes ago, atpeace said:

It is 10 mi I think and even if more it isn't an ownership issue but there would be tax consequences. Buying a house for your wife is completely legal and for that matter, buying your GF a house is also legal. In the latter you don't even have to sign anything. She is by default the owner.

The OP is confusing illegal gifting ( not a gift -555) with legal gifting. Or maybe he mentioned to his lawyer that he and his wife have a side agreement ( written or spoken) that the proceeds upon selling the property will be divided. This is illegal.

If you want to gift your Thai wife money for a house or land, the cleanest way is to transfer the money from abroad directly into her Thai account, not first into your own account. If you transfer it to your own account first, it may create a tax issue, or at least a more complicated paper trail.

That also fits better with the land office form, where both confirm the money belongs to her as her personal property.

You can gift your lawful Thai wife up to 20 million baht per tax year tax free, if it is treated as a genuine gift, maintenance, or support between spouses.

Anything above 20 million baht in that tax year can be taxed at 5% on the excess, or included in normal personal income tax calculation. The Thai Revenue Code section on personal income tax says the 5% option applies to gifts or maintenance from ascendants, descendants, or spouse for the portion exceeding 20 million baht.   PwC also lists maintenance income or gifts from ascendants, descendants, or spouse as exempt up to 20 million baht throughout a tax year.

Source

https://taxsummaries.pwc.com/thailand/individual/income-determination?utm_source=chatgpt.com

1 hour ago, MIke B Bad said:

Seriously....or are you poking fun?

100% accurate, I've known her for years, she told me last week without even mentioning

1 hour ago, Hummin said:

And for what reason did her client transfer it? You cannot trust every story or every reason given second hand.

If I believed everything a Western expat or a Thai woman told me, where would that leave me? I would never have done anything in Thailand. Zero, nothing. I would have lived alone in a rented condo, if I ever made a move to Thailand at all.

100% accurate and that's just with my cleaner. He wanted to close the dodgy thai company

My lawyer friend wants to buy a shop townhouse, I've said wait there will be some hot deals soon when panic sets in

8 minutes ago, scubascuba3 said:

My lawyer friend wants to buy a shop townhouse, I've said wait there will be some hot deals soon when panic sets in

I feel terrible for some of the owners that thought they weren't risking anything. Some good people might lose their homes but I'm still hopeful the government will provide a solution that will at least give them time to sell the properties. If this were America, they would be in a world of hurt. I doubt there would be much compromise and most would lose everything.

You are approx. 3 people discussing a what if, that is not at all in line with any risks. Grow up!

21 hours ago, MIke B Bad said:

Just been looking into this proxy, fake Thai ownership malarky and wondered how far it could go.

There's 'talk' of luxury villa ownership being investigated after all these businesses have been closed down and land and property could possibly be seized.

I was thinking I'm safe......everything is in my Thai wife's name anyway......house, farmland, bar, restaurant........my name doesn't appear on any documents.

I asked Siam Legal to give some assurances and they said ................."unless your wife has evidence of previous earnings, inheritance, lottery win even, that show the funds to purchase came from her and not me, then the property is technically still at risk of seizure.

Hand on heart, I don't see anything coming of it, but it makes you realise how fragile things could become with Anutin running riot

20m THB a year gift allowance, funds transferred overseas to wife.... no need for taxes, or tax declarations, thats the law on gift, and she spent the gifts on your (her) assets.

8 minutes ago, Jenkins9039 said:

20m THB a year gift allowance, funds transferred overseas to wife.... no need for taxes, or tax declarations, thats the law on gift, and she spent the gifts on your (her) assets.

It may (and I stress may) work as long as you don't plan on living in the house, if you do then you're recieving a direct benefit from the "Gift", so it's not a "Gift".

Under Thai law, a gift is defined as any property or money voluntarily transferred to another person without the expectation of receiving anything tangible in return. Governed by the Civil and Commercial Code (Sections 521 to 536), genuine gifts require a clear donative intent, delivery of the property, and acceptance by the recipient

https://silklegal.com/law-on-gifts-in-thailand/

22 hours ago, MIke B Bad said:

Just been looking into this proxy, fake Thai ownership malarky and wondered how far it could go.

There's 'talk' of luxury villa ownership being investigated after all these businesses have been closed down and land and property could possibly be seized.

I was thinking I'm safe......everything is in my Thai wife's name anyway......house, farmland, bar, restaurant........my name doesn't appear on any documents.

I asked Siam Legal to give some assurances and they said ................."unless your wife has evidence of previous earnings, inheritance, lottery win even, that show the funds to purchase came from her and not me, then the property is technically still at risk of seizure.

Hand on heart, I don't see anything coming of it, but it makes you realise how fragile things could become with Anutin running riot

You are allowed to purchase and gift things to your wife!

26 minutes ago, SamSpade said:

It may (and I stress may) work as long as you don't plan on living in the house, if you do then you're recieving a direct benefit from the "Gift", so it's not a "Gift".

Under Thai law, a gift is defined as any property or money voluntarily transferred to another person without the expectation of receiving anything tangible in return. Governed by the Civil and Commercial Code (Sections 521 to 536), genuine gifts require a clear donative intent, delivery of the property, and acceptance by the recipient

https://silklegal.com/law-on-gifts-in-thailand/

I agree,

But I think they would be on thin ice trying to prove he hasn't gifted just because he stays there now and again.

It comes under ' support between spouses '

Edited June 23Jun 23 by Scouse123

18 hours ago, atpeace said:

It is 10 mi I think and even if more it isn't an ownership issue but there would be tax consequences. Buying a house for your wife is completely legal and for that matter, buying your GF a house is also legal. In the latter you don't even have to sign anything. She is by default the owner.

The OP is confusing illegal gifting ( not a gift -555) with legal gifting. Or maybe he mentioned to his lawyer that he and his wife have a side agreement ( written or spoken) that the proceeds upon selling the property will be divided. This is illegal.

Reading replies from AN members the past few years, anything they can get, they deserve, for putting up with some of the folks here.

Along with, the wife over the past 20 yrs, has probably saved me as much as I've spent living here, if I was to be renting and dealing with all things without her. Due to building, selling past homes, I've lived here basically rent free for 25+ years.

If I died, or we divorced tomorrow, she deserves anything we have in her name, which is everything. Besides, she would need it, and I wouldn't.

The dog stays with me, and all I care about. Oh yea, camera & drone bags

I could probably just add a bedroom to the Greenhouse. Already has an 'outhouse' on the lot, just run a cable over to use the solar, as plenty of excess.

22 hours ago, SAFETY FIRST said:

Perhaps it's best not to get married.

Never been married in Thailand, all property in kids names. 😊

and you never read stories about kids that did not want to wait to inherit it and help the family member a bit faster to the next world ?

before my divorce I gave 45% each to my 2 kids that I trusted with my life.

Ex was psycho that terrorized everybody.

I knew divorce was looming, so I gave away 90% of my assets before the court send papers to start the divorce. Totally legal time to do it before.

I got shared custody but my ex did not even care to visit the kids or they did not want to go with her, so we all gave the finger.

Years later, she somehow managed get back into their lives, first visiting at school, kids skipping a day.

Found out, by accident, the kids and ex were planning to do a runner with my 90% fund and there would have been nothing I could have done to get my millions back.

So far for trusting kids when there are DOLLAR SIGNS in their eyes

they could have never have to work a day in their lives with that kind of money...

23 hours ago, MIke B Bad said:

Just been looking into this proxy, fake Thai ownership malarky and wondered how far it could go.

There's 'talk' of luxury villa ownership being investigated after all these businesses have been closed down and land and property could possibly be seized.

I was thinking I'm safe......everything is in my Thai wife's name anyway......house, farmland, bar, restaurant........my name doesn't appear on any documents.

I asked Siam Legal to give some assurances and they said ................."unless your wife has evidence of previous earnings, inheritance, lottery win even, that show the funds to purchase came from her and not me, then the property is technically still at risk of seizure.

Hand on heart, I don't see anything coming of it, but it makes you realise how fragile things could become with Anutin running riot

If the tax laws are true and correct you can give your wife up to 20M baht per year, so funds were a gift… Your home is not a business and they are not hunting for married couples living a normal life with property in the wife’s name….

21 hours ago, atpeace said:

NO, it can be your money as long as it was gifted to your wife. It really isn't complicated.

The Sin Suan Tua you mentioned above is confirmation that it isn't joint marital property. Who is telling you this?

Below is how it is handled legally:

The Mandatory Process: The "Letter of Confirmation"

When your wife goes to register the land title, both of you must sign an official Land Department document called a Letter of Confirmation.

By signing this, you and your wife jointly declare under oath that:

• The money used to buy the property belongs exclusively to your wife as her personal asset (Sin Suan Tua).

• The money is not joint marital property (Sin Somros).

• You, the foreign spouse, have no legal or beneficial claim to the land.

Because you are declaring the funds are completely hers, transferring the money to her account to make the purchase fits cleanly within this legal framework.

The Mandatory Process: The "Letter of Confirmation

How long has that been in operation?

Two pieces of land in quite separate parts of the province, so two separate land offices. The purchase and exchange of the land was an agreement between two Thia people. I was not involved other than to transfer the funds, away from the land office.

I paid for all the building work on both plots via funds transferred from my UK bank. I really don't see I have anything to lose sleep over?

1 hour ago, SamSpade said:

It may (and I stress may) work as long as you don't plan on living in the house, if you do then you're recieving a direct benefit from the "Gift", so it's not a "Gift".

Under Thai law, a gift is defined as any property or money voluntarily transferred to another person without the expectation of receiving anything tangible in return. Governed by the Civil and Commercial Code (Sections 521 to 536), genuine gifts require a clear donative intent, delivery of the property, and acceptance by the recipient

https://silklegal.com/law-on-gifts-in-thailand/

That Silk Legal link is about gift law and tax. It does not prove that a foreign husband cannot live in a house owned by his Thai wife. If the money is legally hers and she buys the land and builds the house, it is hers. The foreign husband has no ownership claim, but he can still live there with his wife.

The problem is only if it is a fake gift or nominee setup, where the foreigner is still the real owner behind the scenes.

12 hours ago, Gottfrid said:

You are approx. 3 people discussing a what if, that is not at all in line with any risks. Grow up!

Weird.......almost every single thread is a what if or what about or a prediction or theory......these are the backbone of the whole site......otherwise just go read a factual account of something or ask AI.

1 hour ago, KhunLA said:

Reading replies from AN members the past few years, anything they can get, they deserve, for putting up with some of the folks here.

Along with, the wife over the past 20 yrs, has probably saved me as much as I've spent living here, if I was to be renting and dealing with all things without her. Due to building, selling past homes, I've lived here basically rent free for 25+ years.

If I died, or we divorced tomorrow, she deserves anything we have in her name, which is everything. Besides, she would need it, and I wouldn't.

The dog stays with me, and all I care about. Oh yea, camera & drone bags

I could probably just add a bedroom to the Greenhouse. Already has an 'outhouse' on the lot, just run a cable over to use the solar, as plenty of excess.

I agree and I often make mistakes. I actually went through the scenario above 6 years ago. Seemed fair to me that she got all our properties and I got all our savings over the previous ~ 20 years. I didn't move into a guesthouse on the property but I did stay in a Condo she owned until she forced me to move out :) This forced me to move on and stop worrying about her mental health which was causing me anxiety and guilt. Best thing she ever did :) I bet she is doing fine or hope that is the case.

1 hour ago, Pilot3Boz said:

If the tax laws are true and correct you can give your wife up to 20M baht per year, so funds were a gift… Your home is not a business and they are not hunting for married couples living a normal life with property in the wife’s name….

Perfectly true, but if the money was a gift you have to give up your right to live there automatically and have no rights should you divorce.

To live there 'safely' you need to structure a separate agreement to stop being thrown out on your ear.

59 minutes ago, Hummin said:

That Silk Legal link is about gift law and tax. It does not prove that a foreign husband cannot live in a house owned by his Thai wife. If the money is legally hers and she buys the land and builds the house, it is hers. The foreign husband has no ownership claim, but he can still live there with his wife.

The problem is only if it is a fake gift or nominee setup, where the foreigner is still the real owner behind the scenes.

Wow- this is going to become like the silly tax threads. How he came to this conclusion is weird. Some just need the drama...

2 minutes ago, MIke B Bad said:

Perfectly true, but if the money was a gift you have to give up your right to live there automatically and have no rights should you divorce.

To live there 'safely' you need to structure a separate agreement to stop being thrown out on your ear.

That second agreement is where the legal contract you signed with the wife upon purchase become illegal. You can gift money but you can supply her money to purchase a house with a side contract stating you have a right to live in that house indefinitely. Now you have created a situation where both parties might lose the property.

If I died, or we divorced tomorrow, she deserves anything we have in her name, which is everything. Besides, she would need it, and I wouldn't.

I'm happy for you. But you're in a statistical minority.

Here's a little more fodder for the discussion, from a concurrent thread. Being the cynical sort, I'm wondering if they're just getting their ducks in a row to start the confiscating as soon as it passes and gets "Gazetted":

21 minutes ago, atpeace said:

28 minutes ago, atpeace said:

That second agreement is where the legal contract you signed with the wife upon purchase become illegal. You can gift money but you can supply her money to purchase a house with a side contract stating you have a right to live in that house indefinitely. Now you have created a situation where both parties might lose the property.

And remember, you cannot work on your wife’s land either. Do not cut the grass, paint, collect vegetables for dinner, or pick fruit. You must stay on the balcony only, and never ever walk out into the fields.

Soon we will need a work permit to water the flowers too.

28 minutes ago, impulse said:

I'm happy for you. But you're in a statistical minority.

Here's a little more fodder for the discussion, from a concurrent thread. Being the cynical sort, I'm wondering if they're just getting their ducks in a row to start the confiscating as soon as it passes and gets "Gazetted":

Spoils to the Victor ... I'm sure that's a big part of it. Why foreigners should be as incognito as possible, when involved in anything, especially businesses, whether legal or set up, not so above board.

Competitors will look for any edge to rid the competition. And if sitting on prime RE, even better.

Why I came here to retire, besides just being a LPOS, investing in foreign country, is mid to high risk ... IMHO, as many find out.

BKPost says they're at it in CM now.

2 hotels and 10 firms setting up nominee companies currently under investigation.

https://www.bangkokpost.com/thailand/general/3272781/proxy-business-crackdown-reaches-chiang-mai

Edited June 23Jun 23 by BritManToo

35 minutes ago, Hummin said:

And remember, you cannot work on your wife’s land either. Do not cut the grass, paint, collect vegetables for dinner, or pick fruit. You must stay on the balcony only, and never ever walk out into the fields.

Soon we will need a work permit to water the flowers too.

If only....just spent three days cutting grass and trimming hedges......I'll tell that's it, I'm done......her house, her land, she can do it all in future....555