Current thinking on lease, company,usufruct, etc

[Thailand]

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.

[Canada]

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.

[johnnyk]

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.

[Thailand]

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.

[cheeryble]

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.

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