Property Tax

[phuketlen]

Kata, I will give you a chance to maybe rephrase that and figure out what you are actually saying or asking there before I reply.

And what "real world" do you live in? My bet is its one where you think you have been here a long time and "know the score" and you pay stuff you have know idea (not really) if and how you should (read, perfect door for cooruption) and you post a lot on this forum and so you and others think that what you say must be true. But I say to you, sorry but please do not tell me to disrespect the rule of law here in Thailand, I do believe in that AND guess what I have been here too....for a long time, and I actually know what I am talking about, and if you know the law, the rule of law does pretty much work here. Its just all the idiots who read what someone who was ignorant (with all due respect) posted or told them at a bar do without checking or asking someone who acutally knows that end up paying and "drop the laws". I know.

hehehehe, I like to have a drink in a bar now and then, but there are subjects I never discuss in bars, like money, laws, taxes, property. Spoils the fun

I m done.

Waiting for your list of tax collectors accepting other payments than cash, and the "law" supporting valid reciept and/or transfer can be issued for such payment

I will pay tax in cash today at DLT and recive an official reciept. Makes them accept transfer of ownership

Dey Kata, could you kindly please rephrase as what you wrote here is not clear to me. Please note, a transfer of immovable property at the land office has nothing to do whatsoever with any tax liabiltiy for later ownership of a house here. So come on Kata, please, do let us all know.

And, by the way, even though I have not posted on this gossip forum as much as you, yes, one can pay the (relevant government office)...since you are now mixing two totally different offices....in other and ligitiment means than cash

But let's get back to the OP's question Kata..what is that tax? What law? ARE you REALLY telling the OP to just pay, in cash, that that you think you know about without really knowing about it? Really? I would say that is, well not reasonable.

[LivinginKata]

most land owners would require a clause in lease stating "all taxes to be paid be lessee", including annual income tax and tessabaan rental tax and any other present or future tax applicable. and an additional clause "if taxes not paid when due, lessee accepts to leave property and hand it back to lessor without any claim" or something similar.

really? and what idiot lessee would agree to that? (lets put aside the issue that you clearly do not understand what taxes are legally payable by whom and when...lets just put that aside)...what idiot lessee would agree to to that?

Ok, I'll bite on that. Which part are you talking about ? "all taxes to be paid be lessee" and/or "if taxes not paid when due, lessee accepts to leave property and hand it back to lessor without any claim"

Now I (as you say, I must be an idiot lessee) did agree to the tax part when I made a 30 year lease contract. This is a very standard lease contract clause. Can't comment on the second part of your argument as I never saw that clause. Might be true, but any responsible lessee would pay the taxes as per the agreement.

What's your point this time ??? Waiting waiting ....

[LivinginKata]

hehehehe, I like to have a drink in a bar now and then, but there are subjects I never discuss in bars, like money, laws, taxes, property. Spoils the fun

I m done.

Waiting for your list of tax collectors accepting other payments than cash, and the "law" supporting valid reciept and/or transfer can be issued for such payment

I will pay tax in cash today at DLT and recive an official reciept. Makes them accept transfer of ownership

Dey Kata, could you kindly please rephrase as what you wrote here is not clear to me. Please note, a transfer of immovable property at the land office has nothing to do whatsoever with any tax liabiltiy for later ownership of a house here. So come on Kata, please, do let us all know.

And, by the way, even though I have not posted on this gossip forum as much as you, yes, one can pay the (relevant government office)...since you are now mixing two totally different offices....in other and ligitiment means than cash

But let's get back to the OP's question Kata..what is that tax? What law? ARE you REALLY telling the OP to just pay, in cash, that that you think you know about without really knowing about it? Really? I would say that is, well not reasonable.

Oh dear, I'm biting even more. Just about everything that phuketlen writes here is not clear to me. So where did KBB write "a transfer of immovable property at the land office has nothing to do whatsoever with any tax liabiltiy for later ownership of a house here". Must be another post you are talking about cos I don't see that in the quoted post.

[katabeachbum]

Kata, I will give you a chance to maybe rephrase that and figure out what you are actually saying or asking there before I reply.

And what "real world" do you live in? My bet is its one where you think you have been here a long time and "know the score" and you pay stuff you have know idea (not really) if and how you should (read, perfect door for cooruption) and you post a lot on this forum and so you and others think that what you say must be true. But I say to you, sorry but please do not tell me to disrespect the rule of law here in Thailand, I do believe in that AND guess what I have been here too....for a long time, and I actually know what I am talking about, and if you know the law, the rule of law does pretty much work here. Its just all the idiots who read what someone who was ignorant (with all due respect) posted or told them at a bar do without checking or asking someone who acutally knows that end up paying and "drop the laws". I know.

hehehehe, I like to have a drink in a bar now and then, but there are subjects I never discuss in bars, like money, laws, taxes, property. Spoils the fun

I m done.

Waiting for your list of tax collectors accepting other payments than cash, and the "law" supporting valid reciept and/or transfer can be issued for such payment

I will pay tax in cash today at DLT and recive an official reciept. Makes them accept transfer of ownership

Dey Kata, could you kindly please rephrase as what you wrote here is not clear to me. Please note, a transfer of immovable property at the land office has nothing to do whatsoever with any tax liabiltiy for later ownership of a house here. So come on Kata, please, do let us all know.

And, by the way, even though I have not posted on this gossip forum as much as you, yes, one can pay the (relevant government office)...since you are now mixing two totally different offices....in other and ligitiment means than cash

But let's get back to the OP's question Kata..what is that tax? What law? ARE you REALLY telling the OP to just pay, in cash, that that you think you know about without really knowing about it? Really? I would say that is, well not reasonable.

i thought I was done, but

for a lease there are presently 3 taxes applicable by law, and if you need the codes, please find them yourself

1. tax at land office to accept the lease registered in Chanote/NS3G

2. Owners income tax

3. Tessabaan rental tax

4. one more tax is on the table, but so far none has asked anyone I know about it, and I am not updated if the law has passed

3 offices, no pay cash, no lease registered in Chanote. No complete tax reciept issued

I am in no way telling OP to pay, he should pay when tax is according to law and as agreed on in lease

Reasonable, please adapt to reality and what has been agreed on

[steelepulse]

I saw this from the RE forum from a poster that seemed to know a bit about law.

The duties of "The Hirer", as it is referred to in the Civil and Commercial Code, are defined in sections 552 - 563 of the said law. Non of these sections puts the hirer in burden of the land taxes. Hence, if nothing is mentioned in the lease/hire contract the onus of paying the land taxes lies with the owner, "The Letter" as it is referred to in the CCC.

So phuketlen, please advise if the above is correct or not.

[katabeachbum]

I saw this from the RE forum from a poster that seemed to know a bit about law.

The duties of "The Hirer", as it is referred to in the Civil and Commercial Code, are defined in sections 552 - 563 of the said law. Non of these sections puts the hirer in burden of the land taxes. Hence, if nothing is mentioned in the lease/hire contract the onus of paying the land taxes lies with the owner, "The Letter" as it is referred to in the CCC.

So phuketlen, please advise if the above is correct or not.

and as a 30 year lease (or a 3 x 30 year lease agreement) is often agreed on cause the "buyer" is unable to own freehold, any sensible "seller" would require all applicable taxes to be paid by lessee and one agrees on consequenses on not paying in time

[phuketlen]

i thought I was done, but

for a lease there are presently 3 taxes applicable by law, and if you need the codes, please find them yourself

1. tax at land office to accept the lease registered in Chanote/NS3G

2. Owners income tax

3. Tessabaan rental tax

4. one more tax is on the table, but so far none has asked anyone I know about it, and I am not updated if the law has passed

3 offices, no pay cash, no lease registered in Chanote. No complete tax reciept issued

I am in no way telling OP to pay, he should pay when tax is according to law and as agreed on in lease

Reasonable, please adapt to reality and what has been agreed on

1. is not a tax . do you know who's legal liablility it is to pay that anyway?

2. yes, that is a tax associated with the lease.

3. no, there is no such thing as that, but yes there is a tax that that local authority in certain areas is empowered to collect...now, what do you really know about that tax? because, that of course is what the OP wants to know about.

4. well if its "on the table"...its not really a tax is it? and btw its not, anymore.

why do you all try to tell people who are honestly and sincerely looking for advice about subjects that are quite technical and if incorrect could completely screw them when you all said know that you are not compentent to give said advice? Is it some satisfaction to just say something and others will read it and think you are brillant??

[phuketlen]

I saw this from the RE forum from a poster that seemed to know a bit about law.

The duties of "The Hirer", as it is referred to in the Civil and Commercial Code, are defined in sections 552 - 563 of the said law. Non of these sections puts the hirer in burden of the land taxes. Hence, if nothing is mentioned in the lease/hire contract the onus of paying the land taxes lies with the owner, "The Letter" as it is referred to in the CCC.

So phuketlen, please advise if the above is correct or not.

You tell me. Does the said Civil and Commericial Code create all liabilities the lessee or lessor might have to each other or the goverrnment? Is it possible one or more laws might also?

[LivinginKata]

<snip>

3. Tessabaan rental tax <snip>

<snip>

3. no, there is no such thing as that, but yes there is a tax that that local authority in certain areas is empowered to collect...now, what do you really know about that tax? because, that of course is what the OP wants to know about.

<snip>

Actually I know quite a lot about that tax as we (company and wife) pay quite a big chunk of money on that tax. I'll say this quite clearly, there is a rental tax imposed by the Tessiban on rental properties. Don't know why you drag the OP into this as it's now clear that he is not renting his property but seems to be liable for the rental tax on the lease with the owners. Over to you ....

[LivinginKata]

I saw this from the RE forum from a poster that seemed to know a bit about law.

The duties of "The Hirer", as it is referred to in the Civil and Commercial Code, are defined in sections 552 - 563 of the said law. Non of these sections puts the hirer in burden of the land taxes. Hence, if nothing is mentioned in the lease/hire contract the onus of paying the land taxes lies with the owner, "The Letter" as it is referred to in the CCC.

So phuketlen, please advise if the above is correct or not.

You tell me. Does the said Civil and Commericial Code create all liabilities the lessee or lessor might have to each other or the goverrnment? Is it possible one or more laws might also?

steelepulse asked you if his post was 'correct or not'. And he gets a rhetorical answer from you..... mmmm

[phuketlen]

<snip>

3. Tessabaan rental tax <snip>

<snip>

3. no, there is no such thing as that, but yes there is a tax that that local authority in certain areas is empowered to collect...now, what do you really know about that tax? because, that of course is what the OP wants to know about.

<snip>

Actually I know quite a lot about that tax as we (company and wife) pay quite a big chunk of money on that tax. I'll say this quite clearly, there is a rental tax imposed by the Tessiban on rental properties. Don't know why you drag the OP into this as it's now clear that he is not renting his property but seems to be liable for the rental tax on the lease with the owners. Over to you ....

I think you might grant me that knowing about it does not = understanding it. Wait though I disagree, was not this very tax the second half of the OP's question? Not sure what you mean then about the "dragging". But I will tell you, that if you know the law and understand it, it is possible, quite possible, for the OP to live there and be subject to that tax. Again, you are most welcome.

[phuketlen]

I saw this from the RE forum from a poster that seemed to know a bit about law.

The duties of "The Hirer", as it is referred to in the Civil and Commercial Code, are defined in sections 552 - 563 of the said law. Non of these sections puts the hirer in burden of the land taxes. Hence, if nothing is mentioned in the lease/hire contract the onus of paying the land taxes lies with the owner, "The Letter" as it is referred to in the CCC.

So phuketlen, please advise if the above is correct or not.

You tell me. Does the said Civil and Commericial Code create all liabilities the lessee or lessor might have to each other or the goverrnment? Is it possible one or more laws might also?

steelepulse asked you if his post was 'correct or not'. And he gets a rhetorical answer from you..... mmmm

Look I applaude Steelpluse checking the law...very good, I mean that. NOW we are getting somewhere, somewhere that is not normal barstool and this commercial webchat forum's chat and quite often totally wrong about legal issues. Steelpluse went to the law, excellent, finally! Now, I throw you and Steelpulse golden nuggets on your way to the truth and you consider that a "wrong" or "suspect" answer?? For shame

[LivinginKata]

steelepulse asked you if his post was 'correct or not'. And he gets a rhetorical answer from you..... mmmm

Look I applaude Steelpluse checking the law...very good, I mean that. NOW we are getting somewhere, somewhere that is not normal barstool and this commercial webchat forum's chat and quite often totally wrong about legal issues. Steelpluse went to the law, excellent, finally! Now, I throw you and Steelpulse golden nuggets on your way to the truth and you consider that a "wrong" or "suspect" answer?? For shame

You obviously don't understand the subtlety of the word 'rhetorical'. I never mentioned the words 'wrong' or 'suspect'.

[GiantFan]

I was just watching "An Idiot Abroad" and I must say, I get more laughs out of the Phuketien vs. Katabeachbum wars. Keep it up boys!!!

I checked my receipt when I registered my lease 5 years ago. 30 years, 1 million. It was in Thai, so I can't tell you exactly the translation. 1% fee for lease registration and 0.1% for witholding. Total 1.1% (i.e. 11,015 baht)

I live in the house full time and don't rent it out. I have thought about renting it out, but the tax payable on rental income is high. Don't quote me, but something like 12.5% of annual rental income. So if you rent it 1 day a year, you pay on 365 days. As if anyone gets 365 days rental. If you do, good on you. But obviously, not many people pay this tax in full.

[phuketlen]

I was just watching "An Idiot Abroad" and I must say, I get more laughs out of the Phuketien vs. Katabeachbum wars. Keep it up boys!!!

I checked my receipt when I registered my lease 5 years ago. 30 years, 1 million. It was in Thai, so I can't tell you exactly the translation. 1% fee for lease registration and 0.1% for witholding. Total 1.1% (i.e. 11,015 baht)

I live in the house full time and don't rent it out. I have thought about renting it out, but the tax payable on rental income is high. Don't quote me, but something like 12.5% of annual rental income. So if you rent it 1 day a year, you pay on 365 days. As if anyone gets 365 days rental. If you do, good on you. But obviously, not many people pay this tax in full.

No "war" here, not on my end anyway.

No Giantfan my fake TV name is not "Phuketien"...maybe you saw that in your movie?

NO 0.1% was not for "withholding"...who told you that?

Again, you are somewhat right but completely confused as to your actual legal tax liablity on that house. Speaking of that, do YOU own it, yourself, in mean in your own personal name, legally?

You might want to be careful about saying who is such "idiot abroad". And you, are welcome.

[phuketlen]

steelepulse asked you if his post was 'correct or not'. And he gets a rhetorical answer from you..... mmmm

Look I applaude Steelpluse checking the law...very good, I mean that. NOW we are getting somewhere, somewhere that is not normal barstool and this commercial webchat forum's chat and quite often totally wrong about legal issues. Steelpluse went to the law, excellent, finally! Now, I throw you and Steelpulse golden nuggets on your way to the truth and you consider that a "wrong" or "suspect" answer?? For shame

You obviously don't understand the subtlety of the word 'rhetorical'. I never mentioned the words 'wrong' or 'suspect'.

And then I throw that back to you Livinginkata. Perhaps, I do not understand what "rehtorical" is. Please, enlighten me.

[GiantFan]

I was just watching "An Idiot Abroad" and I must say, I get more laughs out of the Phuketien vs. Katabeachbum wars. Keep it up boys!!!

I checked my receipt when I registered my lease 5 years ago. 30 years, 1 million. It was in Thai, so I can't tell you exactly the translation. 1% fee for lease registration and 0.1% for witholding. Total 1.1% (i.e. 11,015 baht)

I live in the house full time and don't rent it out. I have thought about renting it out, but the tax payable on rental income is high. Don't quote me, but something like 12.5% of annual rental income. So if you rent it 1 day a year, you pay on 365 days. As if anyone gets 365 days rental. If you do, good on you. But obviously, not many people pay this tax in full.

It's a TV show on Astro w/ Ricky Gervais. You need to lighten up mate.

As I mentioned, I don't read Thai. The total was 1.1% to register the lease. After further checking, the 0.1% is stamp duty. Apologies if this caused you any undue anguish.

No "war" here, not on my end anyway.

No Giantfan my fake TV name is not "Phuketien"...maybe you saw that in your movie?

NO 0.1% was not for "withholding"...who told you that?

Again, you are somewhat right but completely confused as to your actual legal tax liablity on that house. Speaking of that, do YOU own it, yourself, in mean in your own personal name, legally?

You might want to be careful about saying who is such "idiot abroad". And you, are welcome.

[phuketlen]

I was just watching "An Idiot Abroad" and I must say, I get more laughs out of the Phuketien vs. Katabeachbum wars. Keep it up boys!!!

I checked my receipt when I registered my lease 5 years ago. 30 years, 1 million. It was in Thai, so I can't tell you exactly the translation. 1% fee for lease registration and 0.1% for witholding. Total 1.1% (i.e. 11,015 baht)

I live in the house full time and don't rent it out. I have thought about renting it out, but the tax payable on rental income is high. Don't quote me, but something like 12.5% of annual rental income. So if you rent it 1 day a year, you pay on 365 days. As if anyone gets 365 days rental. If you do, good on you. But obviously, not many people pay this tax in full.

It's a TV show on Astro w/ Ricky Gervais. You need to lighten up mate.

As I mentioned, I don't read Thai. The total was 1.1% to register the lease. After further checking, the 0.1% is stamp duty. Apologies if this caused you any undue anguish.

No "war" here, not on my end anyway.

No Giantfan my fake TV name is not "Phuketien"...maybe you saw that in your movie?

NO 0.1% was not for "withholding"...who told you that?

Again, you are somewhat right but completely confused as to your actual legal tax liablity on that house. Speaking of that, do YOU own it, yourself, in mean in your own personal name, legally?

You might want to be careful about saying who is such "idiot abroad". And you, are welcome.

I do not understand why you would think I "need to lighten up". I simply pointed out, for your edification, several inaccuracies in your post. I should think you would be grateful for that.

Oh, and BTW no idea who your Ricky is. But please, don't really want to know.

Also, this:

So if you rent it 1 day a year, you pay on 365 days. As if anyone gets 365 days rental.

is wrong.

and this:

But obviously, not many people pay this tax in full

is also not correct and legally irrelevant.

Anyway, I am done teaching on this thread.

[garrfeild]

Phuketlen, instead of perpetually irritating members with your non answers,why not ingratiate them and tell them what you and your thorough understanding of the law is on both of the threads that you have so generously posted in without supplying any answers. I'm sure if someone posted here about quantum physics and how it applies to nano technology, I could give the same answers as you.

simple Steel...why?...why? AGAIN what I am, really and I mean it, is trying to get this commercial webchat forum folks is to think, me just telling them the answer will not do that, they will continue to as lazy as they apparently feel they can be by relying in this wecbhat forum site and or those who post a bunch here and sponsor here and give "info". BUT if I point out and can back up that what is posted here is wrong, incorrect, then you all are on your own...you figure it out. Wait I thought you all came here to Thailand and you are adventures and have that spirit...you, YOU figure it out. What happened? Please note, no one so far has been able to disprove what I have said, only complain I do not just tell them the answer :jap:

Agreed, Phuketlen has hit the nail on the head. Why would anyone go away from this forum believing some of the answers given to post's If you can't answer from personal experience at the very least, and unless you are an ex-spert! on the subject matter, then all you do is perpetuate miss-information, which is not helpful. Which is what Phuketlen is pointing out. It's amaising how many people seem to have left thier brains in which ever country they came from.

My advice for what it's worth, is if you don't know go ask someone who does and don't forget to ask to be shown in writting where it says that. Everyone else needs to get a life. Time for a drink