Confusion as condo owners told they must have a work permit to rent out units

[Peterw42]

2 minutes ago, pokerface1 said:

I'm thinking to rent out my condo for 30 days plus and to just issues the rent agreements in my Thai wife's name as I don't have a WP. She can legally declare the income less the expenses and so I can't see any problems doing it this way.She owns her own home and therefore it would be seen as a business income for her.

Have I missed anything?

 

[pokerface1]

10 minutes ago, Peterw42 said:

 

Yes I missed that post Thanks...... however I think if you ask 5 different Thai officials the same question you will get conflicting replies and that's where it's a risky business

[micmichd]

4 hours ago, Peterw42 said:

 

Guess that's OK.

Your wife as a Thai doesn't need a WP, and the contract between you and your Thai wife is a matter of trust between two grown-up people.

Make sure you fulfill the requirements for staying in Thailand somehow (depending on your age, your marriage status and your income and/or assets in Thailand) 

[mcfish]

4 hours ago, Peterw42 said:

 

 

4 hours ago, pokerface1 said:

Yes I missed that post Thanks...... however I think if you ask 5 different Thai officials the same question you will get conflicting replies and that's where it's a risky business

this is a nonsense thread whipped into a frenzy by a few poor renters. since then the labour minister has responded to false info provided by clarifying there is no need for a work permit. there is a thread on tv about it including his officially realesed statement

 

[theguyfromanotherforum]

I think there will be a work permit rule coming really soon.

 

Canadian government just imposed a racist 15% tax on all foreign real estate purchases, so a work permit to rent a condo doesn't seem like a drastic idea. Anyway, the most likely scenario is that renting your own condo will have to be done through a Thai property management agency if you do not have one.

 

I think most Fanang should be lucky that there is no special racist foreign tax on property in Thailand like the one  Canada introduced last month.

 

 

[mcfish]

I think there will be a work permit rule coming really soon.

 

Canadian government just imposed a racist 15% tax on all foreign real estate purchases, so a work permit to rent a condo doesn't seem like a drastic idea. Anyway, the most likely scenario is that renting your own condo will have to be done through a Thai property management agency if you do not have one.

 

I think most Fanang should be lucky that there is no special racist foreign tax on property in Thailand like the one  Canada introduced last month.

 

 

Don't worry to much it will be at least a thousand years before thailand the catches up with Canada [emoji1]

Sent from my SC-01D using Tapatalk

[DrDave]

9 hours ago, theguyfromanotherforum said:

I think there will be a work permit rule coming really soon.

 

Canadian government just imposed a racist 15% tax on all foreign real estate purchases, so a work permit to rent a condo doesn't seem like a drastic idea. Anyway, the most likely scenario is that renting your own condo will have to be done through a Thai property management agency if you do not have one.

 

I think most Fanang should be lucky that there is no special racist foreign tax on property in Thailand like the one  Canada introduced last month.

 

 

How is a tax that is applicable to people of all races, "racist"?

[Mangostin]

7 minutes ago, DrDave said:

How is a tax that is applicable to people of all races, "racist"?

It's "foreignicist" ! 

[theguyfromanotherforum]

8 hours ago, DrDave said:

How is a tax that is applicable to people of all races, "racist"?

 

Would you ask the same question is Thailand imposed the same tax?

 

Of course not. Farang would cry racism.

 

Quite hypocritical.... and yes, it's racist. It's dual pricing of the worst kind.

 

 

[DrDave]

5 minutes ago, theguyfromanotherforum said:

 

Would you ask the same question is Thailand imposed the same tax?

 

Of course not. Farang would cry racism.

 

Quite hypocritical.... and yes, it's racist. It's dual pricing of the worst kind.

 

 

You're confusing "nationality" with "race". Not the same thing.

[theguyfromanotherforum]

35 minutes ago, DrDave said:

You're confusing "nationality" with "race". Not the same thing.

 

 

The tax is aimed at Chinese nationals. The government can spin it any way they wish, but it is what it is.

[aquario33]

On 7/9/2016 at 5:05 PM, newnative said:

Bring on the enforcement. Short-termers should be in hotels, not residential condos.

Short termers are now forced into spending their holidays where others decide to.no free choice anymore. just pay and shut up.

...ummmm, thats the begin of the end i fear.

[Xircal]

But I see many of condos to rent short term i.e. 7 days on AirBnB even though the owner is a foreigner. Here's a typical example. Neither of the individuals in the image appear to be Thai.

 

So what's the deal there? Are these poor souls simply not aware that the goalposts have been moved yet again and they're now putting themselves at risk by conducting a business without a WP?

 

[LannaGuy]

7 hours ago, Xircal said:

But I see many of condos to rent short term i.e. 7 days on AirBnB even though the owner is a foreigner. Here's a typical example. Neither of the individuals in the image appear to be Thai.

 

So what's the deal there? Are these poor souls simply not aware that the goalposts have been moved yet again and they're now putting themselves at risk by conducting a business without a WP?

 

 

Yes but this is considered a 'hotel' and they are just fortunate that the authorities have not focussed on it (yet). I own condos and can see, clearly, this is breaking the law and I would not dream of renting for short term as I value my visa more than breaking the law. Less than one month is classed as renting as a 'hotel;' and, therefore, taking away business from Thais so do so at your peril!  you only need a vindictive Thai report you and you have a very large problem. My advice is conform to the LAW. Stay safe you are in a foreign country and the law is clear.

[newnative]

Lanna is correct.  Renting a condo for less than a month is against the Thai Hotel Law so if you are doing it you  are breaking the hotel law and also working illegally.  Good advice from Lanna to play it safe and conform to the law. 

[madmitch]

A condo close to me is currently renting rooms to Chinese package groups. 8-10 tour buses in the car park every morning. I assume it's the building owners/developers letting out unsold units but if I were the owner of a condo in that development I would be mightily p!ssed off!

[Henryford]

2 hours ago, madmitch said:

A condo close to me is currently renting rooms to Chinese package groups. 8-10 tour buses in the car park every morning. I assume it's the building owners/developers letting out unsold units but if I were the owner of a condo in that development I would be mightily p!ssed off!

 

Surely this is against the law as i doubt the Chinese are staying for over 1 month. What is the condo committee doing about it. If it was my condo i would be making a big fuss.

[newnative]

I would be making a big fuss, too.  The resident owners need to get organized and demand some action from the condo committee.

[KarenBravo]

If this wasn't OK by the condo committee, then, you would have heard something by now.

Too much money involved for any other residents to make a difference.

 

Life just ain't fair......

[Peterw42]

 

24 minutes ago, newnative said:

I would be making a big fuss, too.  The resident owners need to get organized and demand some action from the condo committee.

 

Condo Committees can enforce Condo Bylaws, People doing short term rentals are in breech of the Hotel act, enforced by police.

 

[LannaGuy]

5 minutes ago, Peterw42 said:

 

 

Condo Committees can enforce Condo Bylaws, People doing short term rentals are in breech of the Hotel act, enforced by police.

 

 

assuming it is a farang, which i doubt very much, it is not against the law for the Thai developer or any other Thai only anti-farang 

[mcfish]

1 minute ago, LannaGuy said:

 

assuming it is a farang, which i doubt very much, it is not against the law for the Thai developer or any other Thai only anti-farang 

The law applies to everyone

[newnative]

The Hotel Law applies to everyone.  Sometimes a condo committee doesn't act because it is weak or has too few members to be representative of the condo as a whole.  Owner residents are usually the 'silent majority' and you often have a loud vocal minority that noisily wants the condo to break the law.

[Mangostin]

49 minutes ago, newnative said:

I would be making a big fuss, too.  The resident owners need to get organized and demand some action from the condo committee.

Don't be rude to our chinese cousins, what about some "kung fuss" instead? I mean, the condo committee could organize a big party for all where everyone would be feed prawns, delivered by some martial art move by the chef...if you can't beat them... 

[LannaGuy]

29 minutes ago, mcfish said:

The law applies to everyone

 

technically it does but TIT 

[madmitch]

We don't of course know the terms and conditions that owners signed up to. It could be that just one block is used for the tour groups (it's a big place), it's possible that many owners only use the place in high season and allow their rooms to be let out by the management company during low season. I'm not going to name the place but it still appears as a condo complex with units for sale, yet also appears on the major online booking websites and Tripadvisor as well as contracting with the Chinese groups. You'll also find individuals letting out units on Airbnb.

 

I think KB's post is probably the most accurate.

Edited September 11, 2016 by madmitch

[The Dark Lord]

First post so bear with me guys.

 

i was in the cusp of purchasing a condo -new development- and part of the sales pitch was  that they (The Thai Developers representatives) could rent out the unit when we were not using it . 

 

From what your informed contributors have imparted this has the possibility of me being fined, imprisoned, made into some gangsters "maier noi" in the monkey house and finally deported!

 

or could it be that they have hoteliers license which covers it?

 

or am I being fed a pile of .........?

 

i live in Khorat on retirement visa, existing property is in UK, property here is Wife's ( came with the wife) but to be honest Khorat has all the excitement of a graveyard at night so looking for escape from time to time. Plan was one in Hua Hin and one in Pattaya area.

[newnative]

If a condominium is registered at the Land Office as a condominium, short-term rentals of less than a month are illegal and in violation of the Hotel Law.  I think I can guess which condominium is being discussed and I don't know how they are getting around the law--perhaps the floors being used as a hotel were not registered as part of the condominium at the Land Office.  It's a mystery.   A condo developer can offer rentals but needs to follow the law.  The Base condo, for example, has an on-site rental office but I think their advertising makes it clear that the minimum rental is one month.  

[The Dark Lord]

5 minutes ago, newnative said:

If a condominium is registered at the Land Office as a condominium, short-term rentals of less than a month are illegal and in violation of the Hotel Law.  I think I can guess which condominium is being discussed and I don't know how they are getting around the law--perhaps the floors being used as a hotel were not registered as part of the condominium at the Land Office.  It's a mystery.   A condo developer can offer rentals but needs to follow the law.  The Base condo, for example, has an on-site rental office but I think their advertising makes it clear that the minimum rental is one month.  

Thanks for that. Going back there later this week and will test their honesty by asking. It was Arcadia if u r interested. 

 

To to be honest though I think new properties are waste of money now, best look for used ones at least they have been built...........

[ChrisY1]

Just change the ownership to a child back in the US, Oz etc.........

The xenophobia in this country is reaching ridiculous levels....!