According to Section 86 of the Land Code, a foreigner may purchase land in Thailand only by virtue of the provision of a treaty providing him with the right to own immovable property. Obtaining such acquisition is subject to the provision of the Land Code and the Ministerial Regulations issued under the Code, and the permission must be obtained from the Ministry of Interior. Before the termination of the treaty which was made on February 27th, 1970, there were 16 countries bided to the treaty ; USA, England, Switzerland, Germany, Denmark, Norway, the Netherlands, France, India, Belgium, Sweden, Italy, Japan, Burma, Portuguese, and Pakistan. Since then, Thailand has no longer made any treaty with any country to allow an alien to acquire land in Thailand by virtue of a treaty.

However, the Land Code has been amended with Section 96 bis providing that since January 19, 2002, a foreigner is allowed to purchase land in Thailand for residential purpose and the land to be purchased shall be not more than one rai in area, and the following rules and conditions must be met:

1. Bringing money not less than Baht forty million into the Kingdom for investment and maintaining the investment not less than five years;

2. Permission must be obtained from the Minister of Ministry of Interior;

3. Money brought into the Kingdom shall be invested in one of the following businesses or activities;

3.1 To purchase bonds of Thai Government, bonds of Thai National Bank, bonds of State Enterprise or bonds which the Ministry of Finance secures the capital or interest,

3.2 An investment in a property mutual fund, a property mutual fund or a mutual fund for resolving financial institution problems established under the law on Securities and Stock Exchange,

3.3 An investment in share capital of a juristic person, who is granted permission of investment under the law on promotion of investment,

3.4 An investment in an activity as declared by the Board of Investment to be an activity eligible to be granted promotion of investment under the law on promotion of investment;

4. The land to be purchased shall be located in Bangkok Metropolis, Pattaya City, or Tessaban (Municipality), or in the area specified as residential zone according to the law on Town and Country Planning and shall not be located in a military safety zone according to the law on Military Safety Zone;

5. A foreigner, who is granted permission, shall utilize the land only for residence for his/herself and the family in a way that is not contrary to the local custom or good living of the local community;

6. If a foreigner, who is granted permission to purchase such land, does not comply with the rules and conditions specified, he/she shall disposes of such land in the portion of his/her possession within the period of time specified by the Director General of the Department of Lands which shall be not less than one hundred eighty days and not more than one year. If the time limit elapses, the Director General shall have the power to dispose of such land;

7. If a foreigner, who is granted permission to purchase such land, does not utilize the land for residence within two years as from the day the registration for land acquisition is made, the Director General shall have the power to dispose of such land.

Besides the aforementioned rules and conditions, a foreigner may purchase land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already purchased shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household.

A foreigner whose spouse is a Thai national either legitimate or illegitimate, that Thai national can purchase land but the foreigner spouse of that Thai national must give a joint written confirmation that the money which that Thai national will expend on purchasing the land is wholly the separate property or personal effects of that Thai national and not the Sin Somros or jointly acquired property.

Contact MSNA for land acquisition in Thailand questions.

A factory means a building, place or vehicle which uses a machine from five horse powers or an equivalent thereof or more or which employs seven workers or more with or without any machine for manufacturing, producing, assembling, filling, repairing, maintaining, testing, improving, altering, transporting, keeping, or destroying anything in accordance with the type or kind of factory as provided for in a ministerial rule.

Establishing a factory in Thailand is governed by Factory Act, B.E. 2535 (1992). Under this Act, factory is categorized into 3 types:

1. The first type of factory can operate or manufacture any time upon desire of the manufacturer. However, the manufacturer has to follow the regulation under ministerial regulations.
2. The second type of factory can start manufacturing after the manufacturer has notified to the officer. The manufacturer has to follow the regulation under ministerial regulations.
3. The third type of factory has to get an approval or permit from the officer before operating a factory.

Eventually, the total amount of horse power and the total amount of employees are all required in order to be able to determine the type of factory business in Thailand.

All types of factory can be established anywhere except in the restricted places such as residential areas and near public places such as schools, temples, hospitals, etc.

Under the Thai laws, the aliens or foreigners who may own or buy a condominium in Thailand are as follows:

1. Aliens permitted to have residence in the Kingdom under the immigration law;
2. Aliens permitted to enter into the Kingdom under the investment promotion law;
3. Juristic persons as provided in Section 97 and 98 of the Land Code and registered as juristic persons under Thai law;
4. Juristic persons which are aliens under the Announcement of the National Executive Council No.281 dated November 24, B.E. 2515 and have obtained promotion certificate under investment promotion law;
5. Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdraw money from Thai baht account of the person who has residence outside the Kingdom or withdraw money from a foreign currency account.

When assets or spare parts were damaged in accidents, their salvage value can be treated as deductible expenses upon sale or disposal. If they are sold, the seller is responsible to collect VAT from the buyer based on the actual selling price, and include the VAT in the monthly VAT computation.

In the event that assets or spare parts are lost and such loss is not covered by insurance or a protection agreement, a company can claim the remaining book value of the lost assets or spare parts as an operational loss. The full amount of the claimed loss can be treated as deductible expenses only if the company is able to provide credible proof of the loss. However, any displacement of assets or spare parts is considered equivalent to a sale of such asset or spare parts, and therefore, VAT must be paid based on market value.

Contact MSNA, Thailand Accounting firm for your accounting and tax questions.

In order to improve the work permit and immigration processes, the Board of Investment (BOI) has recently introduced the e-Expert System. This system allows for online processing of expatriate work permits and immigration formalities, including review and approval, through the Thailand BOI’s website whereas a user ID and password will be provided to BOI promoted companies for access and uploading of supporting documents.

This initiative towards an online environment is aimed to lessen the lead time at the One Stop Service Center and minimize paperwork. However, once approval is granted, the expatriate is still required to be physically present at the One Stop Service Center to collect and sign for the work permit and attend a short interview with the Immigration officer.

Furthermore, the benefits of this initiative can be summarized as follows:

1. Greater transparency in the consideration process for work permit and visa extension
2. Real time tracking of the status of applications
3. Reduced time spent by expatriates at the One Stop Service Center

The twist is that users will need to have knowledge of the relevant BOI, work permit and immigration regulations.

MSNA team has broad range of experience assisting clients to understand the complex rules and regulations involved as well as dealing with the relevant officials. Contact us for more information and expert advice.