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Inheritance Tax / Capital Gains Tax


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I am not familiar with the tax codes in Thailand although I have never overheard anyone talking about an inheritance tax. Now there are capital gains taxes, as those taxes, and the avoidance thereof, play a large part in the public notoriety of one Thaksin Shinawat. But a capital gain would only occur upon the sale of the house and not the inheritance of the house. If there is a capital gains tax on the sale, and I do not know if there is one, then the question becomes whether Thai law asses the cost basis of the house at the original purchase price or at the time of inheritance.

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Your question only reflects part of what you need to know about the law, both in Thailand and in your home country. This is really not the place to seek advice.

You absolutely need a Thai lawyer to explain what is involved in Thailand with inheritance (especially of property), when it involves a Thai and a foreigner, and to help you sort things out in court. You can understand much --- but not all --- about the law if you buy a copy of Thai Law for Foreigners, Paiboon Press. Regarding your home country, there may also be considerations you need to understand about taxes. It depends on the country.

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My understanding is a foreignor you can inherit but you have one year to sell, not sure if Capital Gains are chargeable

If a Thai inherits, then again no inheritance tax, but I think Capital Gains Tax is chargeable

The bottom line NO INHERITANCE TAX in Thailand, but gifts and inheritance is subject to Capital Gains Tax...not sure about tax rates

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I am curious to know the circumstances when a house can be inherited.

Inheriting a condo is well documented on the web–but no info . that I can find with respect to your topic.

Consider:

(I am presuming an all Farang transaction.)

Option 1 –The house and land are in a Company-so the beneficiary is inheriting a share of a Company-probably not a topic for this forum

Option 2 –The house is sited on Leased land. The lease dies with the house owner. Therefore no house to bequeath.

Are you thinking of some other scenario?

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