Withholding Tax for Sale of Property with Co-Owners
According to Thai Revenue Department regulations1, when immovable property, such as land, with co-owners is sold, then payment of withholding tax when the transaction is registered at the Land Office shall apply as if the co-owners are engaged in an ordinary partnership according to Section 1012 of the Civil and Commercial Code2; in other words, […]
Operating as a Foreign Business in Thailand: Pros and Cons
When doing business in Thailand, one has the option of operating in a joint-venture with majority Thai ownership or as majority or solely foreign-owned firm. Although Thai law is restrictive of how foreigners are able to operate business, it nevertheless does allow majority foreign ownership of business and foreign entrepreneurs to engage in business in […]
Capitalization for Foreign Business in Thailand
The Foreign Business Act of 1999 restricts and regulations foreign business activity in Thailand in order to protect Thai businesses and one of the ways it does so is through specifying rules regarding the capitalization of foreign businesses in Thailand. Notably, although retail is restricted under (14) of Annex 3 of the Foreign Business Act, […]
Foreign Business: Wholesale and Retail Minimum Capital Requirements
The Foreign Business Act of 1999 restricts both wholesale and retail businesses from foreign investment, with exceptions depending on the amount of minimum capital. However, the conditions under which a foreign business may engage in either is not exactly the same and furthermore the issue is complicated by other minimum capital requirements in the Act. […]
Drafting an Employment Contract in Thailand
When drafting an employment contract, it is imperative to retain the services of a trained legal professional, rather than resorting to a template, such as one found online. An important consideration is that employment contracts are ultimately abstract legal rules and the application of those rules in real-life situations may lead to certain results that […]
Can a foreigner own land in Thailand?
Question: I am a foreigner who has retired in Thailand and I have recently married a Thai woman. We are currently considering the purchase of 1 rai of land in Phuket where we build our marital home. I will actually be paying for the full purchase price of the land with my own personal funds, […]
Thai Family Law: How to Parent with Child Custody
After a divorce in Thailand where there is mutual consent, the terms of divorce may be attached to the divorce certificate and has legal force according to Sections 1566(4) and 1520 paragraph 1 of the Civil and Commercial Code. If the couple have children, then the most important term that is agreed to by the […]
Foreign Business Act: Consignment Sales in Thailand
The Foreign Business Act of 1999 is the fundamental law in Thailand that serves to restrict foreign investment and foreign business activity within the country. The Act designates specific industries or types of business activities in which foreigners are either strictly prohibited from engaging in or may only engage in after applying for permission. It […]
Thai Criminal Procedure: Hearsay
As is the case in the criminal procedure laws of other jurisdictions, Thailand prohibits the use of hearsay evidence in criminal trials (Section 226/3 of the Criminal Procedure Code). Hearsay is generally defined as testimonial evidence of a statement not made before the Court which is meant to prove the assertion made in the statement […]
International Trade Without Distribution in Thailand
Aside from being a place to do business, foreign companies are also choosing Thailand as a jurisdiction to locate their businesses perhaps without actually doing business there. The reasons why a foreign company may want to locate themselves in Thailand while engaging in business somewhere else are varied and complex; it may have to to […]
