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Buying & Selling Land Taxes & Fees

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My girlfriend bought 6 Rai land 4 years ago for 2.2mil bht she is now selling 3 rai for 2.2 mil bht

1 How much tax will she have to pay on the sale

2 How much fees will she have to pay on the sale

3 Will she have to pay income tax later ( she has no income at the moment)

Thanks in advance for your comments.

The land office can work out the taxes exactly.

What did buyer and seller agree to concerning who pays which taxes?

Here are required fees and taxes due at transfer.

Government transfer fee - 2%

Stamp duty is exempt if Business tax paid - 0.5%

Business tax only due if owned less than 5 years - 3.3%

Withholding tax - tax at progressive rate

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What did buyer and seller agree to concerning who pays which taxes?

Here are required fees and taxes due at transfer.

Government transfer fee - 2%

Stamp duty is exempt if Business tax paid - 0.5%

Business tax only due if owned less than 5 years - 3.3%

Withholding tax - tax at progressive rate

Thanks ballbreaker

Seller agreed to pay taxes

So as she owns the land less than 5 years

that should be 2% + 3.3% = 5.3%

Can you explain : Withholding tax - tax at progessive rate ?

I would assume by Witholding Tax he means Income Tax or Capital Gains Tax.

If Income Tax is payable the rate of tax (%) is progressive from 0% to something like 37% although at the higher income levels the % has reduced for income derived from 1/1/13.

For example prior to 2013 income was taxed as follows (all numbers annual income) -

0 - 150,000 baht 0%

150,001 - 500,000 baht 10%

500,001 - 1,000,000 baht 20%

1,000,001 - 4,000,000 baht 30%

4,000,000 + 37%

The Revenue Department may assume that your GF/Wife has received income (profit) and income tax is payable. You need to check with accountant.

Taxable income being the sales value less cost and maybe expenses.

So -

2.2m sale price - 1.1m (cost) - (transfer fee + business tax + stamp duty) = taxable income

Witholding tax could also be the 1% payable at transfer time!

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