Buying Offshore and Rental Income | Siam Legal International

 

Rental and Offshore Buying

for US Citizens

Rental Income in Thailand

If you plan on using your Thai condo as an investment, don't forget to factor in taxes on rental income. All rental properties are subject to a House and Land Tax, which is 12.5% of the annual rental income. On top of that, the rental income is taxable, and owners will have to pay Thai income taxes on the money. Thai income taxes are calculated using a progressive scale ranging from 0-37%.

The final issue is withholding tax. If you rent the property to a company, that company will deduct 5% of their rent and pay it directly to the government as prepayment of your income tax. This will apply if your developer offers a rental guarantee. If the rental income is being sent offshore, a 15% withholding tax will apply.

Offshore Ownership

Some foreign condo buyers choose to set up an offshore corporation to own their condo. There are two major benefits to this.

When you sell the condo, you can avoid paying the transfer taxes. Instead of selling the condo, you will selling the shares of your company to the condo buyer. Because the company is incorporated outside of Thailand, the sale will not be subject to Thai taxation.

The property will be easier to pass on in the event of your death. If you own the property as an individual, you will need to write a Thai will to pass the property on to your heirs. Shares in an offshore company, on the other hand, are considered movable property and will be passed on according to your primary will.

Notable Drawback in Owning a Condo Through a Corporation

The condo will be subject to an annual House and Land tax. This will apply whether or not you rent out the property, and is calculated on 12.5% of the actual or estimated annual rental income, whichever is higher.

You will also have to pay corporate maintenance fees. Setting up a corporation isn't free, and you will have to pay taxes every year to keep it going, even if the company isn't making a profit.

Property in Thailand for US Citizens
Buying a Condo Buying Offplan Property
Leasing Property Offshore Income
Thai Property Taxes Condo Management
Renting Thai Property Superficies
Condo Title Deed Property Title Deeds
Property Transfer Taxes Rental Income
Local Office Numbers:
Bangkok: 02-254-8900
Phuket: 084-021-9800
Chiang Mai: 053-818-306
Pattaya: 084-021-9800
International Numbers:
US: 1 (702) 966-2764
(323)-482-1525
Thailand: +66 2 254-8900
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