Jeg vil lige komme med et indspark til ejerskab af jord/lejligheder.
I de ti år jeg har arbejdet med Thailand, har jeg hørt utallige forklaringer/tolkninger på lovgivningen - alt efter hvem jeg taler med, og ikke mindst hvad de sælger ( egen interesse).
Min egen holdning er klart at taler vi lejligheder - så køb i Foreign Ownership ( ikke selskab ).
Køber du villa ( med et stykke jord), så køb via Leasingmetoden.
Hertil kommer at det jo ikke er gratis at stifte selskab - ligesom der er årlige omkostninger til revisor.
I alle kontrakter er der ligeledes mulighed for at "flytte" boligen over i selskabsnavn, og hvis man er usikker, hvorfor så ikke vente længst muligt - og slippe for disse udgifter.
Men uanset, så kommer her en forklaring fra en af bygherrerne ( som har mange lejligheder tilbage i selskabsnavn - og dermed stor interesse i fortolkningen).
Dear All,
I get a lot of questions recently from clients who are anxious about buying a condominium in Thai Company Name. At the moment we still have quite an amount of Thai company ownership available in our projects. The reason I send you this message is to ask to convince your customers to buy in Thai Company Name.
If a client pays the price in the price list, without any discount given, we (xxxxxxx) will assist the client for a 100% in setting up the company. The costs are for the client of course.
I got several clients who say they will never buy a condo in a Thai company name because they think it is illegal.
They say it is illegal because:
- It is illegal to set up a Thai company with the main reason to own property in Thailand (similar to what they do to own land!) just to circumvent the Thai law.
- It is illegal to set up a Thai company that does not work or do business or pay taxes.
- It is illegal to set up a Thai company with nominee shareholders who do not work in the company and have not paid for their shares.
Why would it be illegal if the Thai law system allows to do it like this?
I believe, they might be just scared to have the feeling of having Thai shareholders in the company.
Buying in Foreign ownership is actually more dangerous, let me explain why.
If you get into an accident and a Thai person dies they will demand money and can go to court and take your condo. If it is in a company name they cannot touch this asset.
A few reasons why people buy in company name:
First you are setting up a holding company for the purpose of buying a home. You cannot use this company to do business, put another house or condo in or any other active matters in a company.
Secondly, When you want to sell your condominium, you can just change from director, which is a very inexpensive process.
You are also protected under the World Trade Organization. So international laws will apply to your company and if there is a major Coup or war and you have to leave Thailand you will be able to still control your company and retain it through your local Thailand Embassy.
Everyone is concerned about the 51% owned by Thais, and the 49% by a Farang. What people don’t tell you is…
All of the Thai shareholders must sign a power of attorney to you. They must submit their ID card and House Papers and they must sign over their shares to you. If for some reason you have a problem with a share holder (which usually only happens when you put your friends or loved ones in) you may take them out without them being present. You have all of the papers necessary to remove them and add another shareholder.
So, to answer the questions above:
1.) No, it's not illegal, it is the Law.
2.) No, in every country you can set up a business. If there's no income, you don't pay taxes. Why would it be different here.
3.) No, it's not illegal. According to the Thai Law a company can't be fully owned by a foreigner. Only Americans can.
So, absolutely no problem and no illegal activities. It might be just fear of clients. Thailand is one of the safest countries in this region to buy property.