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Current thinking on lease, company,usufruct, etc

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We now have our house up for sale. We have a 30 + lease agreement. Thais buying is simple.

Should foreigners be interested I know the lease may be transferred but would that be the best way?

Thanks.

It's a bit unclear.

You lease it from your wife? And you want to know how to help a foreigner purchase it?

You could let the foreigner that may be interested figure this one out. That would be the best way. If a foreigner cannot figure out how to hold land here, he probably shouldn't be buying.

Transfering the lease will need permission of the leaseholder if it is not written into the current lease.

A new lease will have to be registered at the local Land Office if it is 3 years or longer. This opens the door for the tax man to greet you.

Sit down with a lawyer and/or accountant to review the tax implications.

If you re-assign the lease you may get less money than you hoped depending on how many of the 30 years remain.

It's a diminishing asset.

  • Author

We are aware of requirements regarding transfer, extension, liabilities of 30+ year leases. I was asking if that is the optimum option for a foreign buyer or should they be considering setting up a company, usufruct combination route, superficies etc?

Chances are the eventual sale will involve someone with a Thai partner which makes the rest irrelevant but we are just trying to be prepared.

Usufruct seems to be coming more into favour it is a "real" right and beats the lease on the the tax side.

It was actually recommended me by the head of Mae Rim land office.

Sent from my iPad using ThaiVisa app

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