Dual Nationality.

[Spalpeen]

I can't find a clear answer to these questions in previous discussions on the subject.

1. Is there any problem for a Thai with dual nationality owning land in Thailand?

2. Can Thai/Farang children inherit land here?

3. If the Thai spouse dies first and the farang has not signed a form at the land office to say that the land was bought with the Thai's own money, where does ownership of the land go?

Clear information rather than speculation would be useful. It may be that these and other similar scenarios are not fully thought out in Thai law.

[Bel Mondo]

Interesting legal issues --

You indicated that you would like "Clear information rather than speculation..."

Just a thought -- Consult a lawyer and pay the consultation fee for this information.................

[momosan]

I can't find a clear answer to these questions in previous discussions on the subject.

1. Is there any problem for a Thai with dual nationality owning land in Thailand?

None whatsoever, I've had my new house for 2 months now. Everything was very easy.

2. Can Thai/Farang children inherit land here?

Yes I don't see why not. Again, if you can buy land then you can inherit it.

3. If the Thai spouse dies first and the farang has not signed a form at the land office to say that the land was bought with the Thai's own money, where does ownership of the land go?

Clear information rather than speculation would be useful. It may be that these and other similar scenarios are not fully thought out in Thai law.

Check out this.

Edited May 6, 2009 by momosan

[Spalpeen]

Interesting legal issues --

You indicated that you would like "Clear information rather than speculation..."

Just a thought -- Consult a lawyer and pay the consultation fee for this information.................

....and if I had a legal problem with any of this I would. But I don't. Just curious for future reference.

In my experience in Thailand, even more so than most countries, what the law says and how it is applied in practice can vary quite a lot. From what I hear, advice given by Thai lawyers does not score high on the reliability scale. I'm interested in what TV members real experiences in this area are.

The link at the end of the post by Momosan is very useful.

[jcon]

I can't find a clear answer to these questions in previous discussions on the subject.

1. Is there any problem for a Thai with dual nationality owning land in Thailand? No, as long as you pay your land taxes

2. Can Thai/Farang children inherit land here?Yes, as long as they pay their land taxes and/or applicable tax from the country of their other nationality (i.e. "Inheritance" tax - but really, I don't know any dual-nationals that have declared their inherited land to their "second" country...))

3. If the Thai spouse dies first and the farang has not signed a form at the land office to say that the land was bought with the Thai's own money, where does ownership of the land go? If the Thai got the land title in the first place, there would be no need to have that form (is there even one?), since it would have had to been taken care of before receiving the land title. Even without "Will", the land auto-reverts to the kid (who is considered Thai in Thailand, regardless of their "second" nationality)

Clear information rather than speculation would be useful. It may be that these and other similar scenarios are not fully thought out in Thai law.

That is how I understand it, though I'm not a lawyer. I am, however, a land-owning dual-national with parents who are also both land-owning dual-nationals.

I'm 99% certain as to the info re: the ownership of the land itself (like I said, a dual-national is a "Thai" in Thailand, regardless)... but the tax implication is where it gets murky for me, i.e. I don't want to inherit any land because of the potential tax implications with my "other" country when the final sale arrives... I'd rather have my parents sell it all before they die and spend it all on themselves.... or else, as I tell them, I will just plant 2 trees on on each of the various lands for them and make all plots into public parks, for all of eternity... but of course I'd still have to pay the land tax every year

[Mario2008]

A person who holds also another nationality beside Thai nationality is still in every way a Thai person and as has the same rights as evry other Thai, including to land ownership and inheritence.

[jcon]

Forgot to add this little gem... I encountered it today, actually... trying to get money out of Thailand, they've really tightened up the laws over the past few years (thanks to the money-laundering criminal-genius #1, I'm guessing). So that's another thing to consider if the beneficiary decides to sell and move the funds out... even done in the most legal manner, a Thai National can only transfer 1 million USD PER YEAR out of the country (I said, if done legally)... so if it's a lot of land, then it's a royal PITA to move money as a Thai national... especially now.