Land Title Transfer Fees

[kamalabob2]

Today the daughters and sons of my Thai Father in Law went to the local "Government Land Office" to have ownership title changed on several parcels of farm land in Buriram Province. One Grand daughter was also the recipient of land from my Father in Law. All children and the Grand daughter are over 18 years of age but not all are active farmers. My Wife is married to a US citizen and used her married name for this transaction. I did not go to the land office, I did not sign any paperwork for the land office. However my US passport copy was placed in the file. This whole transaction with seven parcels of land took less than two hours. All the land parcels were a gift from my Father in Law to his heirs while he is alive and in good health.

All but one parcel of this land was inherited many years ago by my Father in Law from his Father. One parcel, which titled changed today to a grand daughter was purchased over twenty years ago from a non family member by my Father in Law. All land titles are CHANOTT TI DIN. There were no delinquent land use taxes due.

In all three of the attached transaction receipts on pdf format, a 5 baht fee for submitting paperwork is listed.

The land office staff set the "value" of the rural farmland and the family did not quibble on this figure.

I questioned why there is a 2.5% charge of 1928 baht for what my wife has translated to "income tax".

I understand the "stamp" fee of 0.5% on each receipt.

The excellent news is that perhaps other Thai Visa members had previously paid for land in a Mother in Law name or Father in Law name. If they had considered placing the land in the name of the Thai spouse, or adult child with Thai citizenship these attached receipts might be helpful. Your appraised land costs and experience at a local land office MIGHT very well be different.

If any Thai visa members in the real estate field can answer why what might be an "income tax" of 2.5% was charged on farm land long held in my Father in laws name I would appreciate the answer.

No bribe or "speed up" money was requested even in the most subtle manner by the new manager of this local land office.

Land_Title_Transfer_payment_receipts008.pdf

[thatguy]

This sounds like the typical land transfer fee based on value.

I paid it twice when we bought land(1), then my wife leased it to me and my name was put on the chanote(2)

[Goinghomesoon]

I think the transfer fee depends on the type of title on the land?

My FIL's land is Sor Por Kor (land granted to them by the government many moons ago). Apparently SPK land cannot be sold and must be handed on to the descendents of the original grant recipient. They have now subdivided for the 7 children and MIL was complaining recently about the high cost of the fees aat the Land Office. It was 200 baht per package (total 1,400 baht)!

Edited June 9, 2009 by Goinghomesoon

[coventry]

I think the transfer fee depends on the type of title on the land?

My FIL's land is Sor Por Kor (land granted to them by the government many moons ago). Apparently SPK land cannot be sold and must be handed on to the descendents of the original grant recipient. They have now subdivided for the 7 children and MIL was complaining recently about the high cost of the fees aat the Land Office. It was 200 baht per package (total 1,400 baht)!

I agree with you 'goinghomesoon' in that "Sor Por Kor land apparently cannot be sold and ................", but it is where I live. I'm yet to find out how they flout the law ?

[Lite Beer]

My Wife tells me Sor Por Kor cannot be sold.

Can be sold between agreeing parties but not legal or ratified by the land Office.

[coventry]

My Wife tells me Sor Por Kor cannot be sold.

Can be sold between agreeing parties but not legal or ratified by the land Office.

I've just been reading the "The National" in politics, dated June 10, 2009. It states "Sor Por Kor land can't be bought". I believe the quote comes from the 'Agriculture Land Reform Office'. So this makes me wonder how all these people, on this forum, claim to have bought 'Sor Por Kor' land ? Edited June 10, 2009 by coventry

[farmerjo]

I thought i read somewhere that if you hold the chanote and pay the yearly rates for ten years without complaint from the owner it can be changed.

[coventry]

I thought i read somewhere that if you hold the chanote and pay the yearly rates for ten years without complaint from the owner it can be changed.

You should read The National story about it. The name on the Sor Por Kor title deeds can only be changed up on the named persons death.

I've been told that Thai people know this but still buy SPK land. So basically if a SPK land becomes Chanote at a later date then there's nothing that can be legally done if the person on the title papers refuses to sign the papers over. So I believe.

[thatguy]

from ethailand:

True title deeds (Chanott ti din) are indeed only to be found in the most and longest developed parts of the Thailand and account in total for only a very small proportion of all the land in the country.

Chanott titles , issued by the Provincial office of the Thai Land Department, are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground

It is the long term goal of the Land Department, that all land in Thailand will be covered under the Chanott title system, but with currently available funds, manpower and resources this process will take several decades to complete.

Most "titles" in rural Thailand are however of the Nor. Sor. Sam or Nor Sor. Sam Kor. (N.S.3.) variety and are in the strictest interpretation "land exploration testimonial deeds". They are to all practical purposes land title deeds (issued and maintained by the Ampher , the District land office) in as much as clear records of ownership are maintained, and that they may be sold, leased, used as mortgage collateral etc. In the case of the Nor. Sor. Sam. (but not the more recently issued Nor. Sor. Sam. Kor.) There is however a requirement that 30 days public notice is necessary before any change of status over the land can be registered.