Paying Rent On Commercial Property

[BrassMonkey]

If I rent a commercial property do I have to deduct tax at 5% from the rent and pay this to the government each month? Is there a threshold of say 30,000 baht a month before this tax applies?

Many Thanks

Brass

[Digger]

Depends how your contract is structured with the landlord. If agreement is in company name to company yes you should be declaring with holding tax. If its an individual to an individual then no withholding tax applies.

[BrassMonkey]

Depends how your contract is structured with the landlord.  If agreement is in company name to company yes you should be declaring with holding tax.  If its an individual to an individual then no withholding tax applies.

<{POST_SNAPBACK}>

What if landlord is an individual and I am a company?

[~G~]

Depends how your contract is structured with the landlord.  If agreement is in company name to company yes you should be declaring with holding tax.  If its an individual to an individual then no withholding tax applies.

<{POST_SNAPBACK}>

What if landlord is an individual and I am a company?

<{POST_SNAPBACK}>

I have a related question: My landlord (a company) refuses to let me deduct the 5% on my private residence, saying they gave me a low price since they did not know my company will pay for that (and will request an invoice, deduction, etc).

That's B.S. At the first payment I did not deduct, not knowing that this is required at all, but nevertheless asked for an invoice straight away, to the name of my company (which took them some time to provide... I think they did not intend to report this income or pay vat).

Now they want to charge me extra 5% if I want to deduct it.

As far as I understand it's my responsibility as a company to deduct this sum and pay it to the revenue department. Can they refuse to deduct it?

[Digger]

Depends how your contract is structured with the landlord.  If agreement is in company name to company yes you should be declaring with holding tax.  If its an individual to an individual then no withholding tax applies.

<{POST_SNAPBACK}>

What if landlord is an individual and I am a company?

<{POST_SNAPBACK}>

Do you not have an accountant? The answer is yes, you deduct witholding tax if you want to include these expenses in your accounts.

[Digger]

Depends how your contract is structured with the landlord.  If agreement is in company name to company yes you should be declaring with holding tax.  If its an individual to an individual then no withholding tax applies.

<{POST_SNAPBACK}>

What if landlord is an individual and I am a company?

<{POST_SNAPBACK}>

I have a related question: My landlord (a company) refuses to let me deduct the 5% on my private residence, saying they gave me a low price since they did not know my company will pay for that (and will request an invoice, deduction, etc).

That's B.S. At the first payment I did not deduct, not knowing that this is required at all, but nevertheless asked for an invoice straight away, to the name of my company (which took them some time to provide... I think they did not intend to report this income or pay vat).

Now they want to charge me extra 5% if I want to deduct it.

As far as I understand it's my responsibility as a company to deduct this sum and pay it to the revenue department. Can they refuse to deduct it?

<{POST_SNAPBACK}>

If your contract is between an individual (you) and a company, you do not withold tax. If your contract is between a company and a company, you do and if your contract is a company to an individual you do, however in reality you will have a hard time including it in your company accounts as a legitimate expense as its a residence, not a company expense. This then potentially opens you up to be charged as a form of benefit in kind, which is basically taxed at normal individual rates from what I understand and you are liable to pay income tax on that amount.