Is there a tax when you inherit a condominium?

When foreigner dies and leaves his condo to his children do they have to pay any Inheritance Tax.
Category: Other questions
Asked 9 years ago
Rob

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There is no inheritance tax in Thailand but he transfer of ownership of a condominium apartment is subject to taxes and a transfer fee. The minimum amounts are based on the government's assessed value of the condominium unit.

There is a problem with registration of ownership of a condo to a foreign heir. Some argue that a foreign heir, pursuant sections 1599 and 1600 civil and commercial code (when a person dies his or her estate shall devolve to his or her heirs), obtains all the testator's or deceased person's rights, duties, and liabilities, except those which by law or by their nature are purely personal to the testator. Therefore they argue this (section 1599 and 1600) includes the right of foreign ownership of the testator under section 19 of the condominium act. However pursuant to section 19 of the Thailand condominium act (which applies) any foreign heir must personally qualify for foreign ownership (section 19 paragraph 7) which generally means for the foreigner having transferred and exchanged foreign currency in Thailand, in this case an amount at least equal to the government assessed value of the unit. It would mean they have to submit for foreign ownership registration a Foreign Exchange Transaction form and in this case, in addition to the transfer fees, income tax and stamp duty is calculated by the land office at the time of ownership transfer to the foreign heir.

It will probably be a matter of negotiation with the land office official whether a FET form must be submitted and the amount of fees and taxes that must be paid by the foreign heir.

General rule

Only foreigner heirs who qualify under section 19 of the Condominium Act are eligible for foreign ownership registration within the 49% foreign ownership quota of a condominium (as specified in section 19/2 of the Condominium Act B.E.2522). Ineligible foreign heirs (who not qualify under section 19 first paragraph) must dispose of the unit acquired with a period of 1 year from the date of acquisition by inheritance (section 19). Upon transfer of ownership taxes and fees associate with conveyancing must be paid (reference link below).

See also

Answered 9 years ago
Consultant

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