Investment Property


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purchase property for business

Thai Law Firm for land and property purchase by foreigners in Bangkok, Pattaya, Koh Samui, Koh Chang, Chiang Mai. Home Business Guide Publications FAQs Links Meet Us Contact Us Careers --- Proud Sponsor: Thailand Law Forum USA Visa Thailand LAND PURCHASE Buying land or purchasing property in Thailand is attractive for a variety of reasons. Some buy land to build a vacation or retirement home in Thailand while others purchase property for business and investment purposes. Our licensed attorneys have been supervising land purchases in Thailand for over 20 years. We specialize in protecting foreigners' rights in Thailand. Can a foreigner buy land or purchase property in Thailand? Thai law, in general, prohibits non-Thai citizens from buying land or purchasing property in Thailand. However, there are various exceptions to the law, as well as methods for foreigners who want to buy land or purchase property to acquire rights to land and property in Thailand legally. What are the options available for buying land or property in Thailand? For a foreigner wishing to buy land or purchase property in Thailand, there are mainly four options worth exploring. These include using investment, leasing, owning a company and marrying a Thai spouse. Investing/BOI : With significant investment of funds, foreigners may be allowed to own a limited amount of land under Thai property law. Some foreign companies seek and obtain the approval of the Board of Investment (BOI) to purchase land for a limited period. This option, however, is not available to the vast majority of non-Thai nationals seeking to obtain a second home, retirement home or investment in Thailand because of the legal restrictions involved. As a result, other options must be examined. Leasing : Thai property law allows a foreigner to lease land for a maximum of 30 years, with lease renewal options of 30 years. Many foreigners choose this method to secure land or property ownership. In comparison to setting up a company, land leasing is easier and requires less maintenance. (More information on land leasing in Thailand can be found here) Owning a company : A foreigner may use a Thailand-registered company to obtain property rights or land interest in Thailand. This "Thai" company must be at least 51% owned by Thai shareholders, while the remaining 49% or less may be held by foreigners. (Some law firms are still using the old law and recommending 39% foreign ownership.) Marrying a Thai spouse : A recent revision of Thai law has provided the opportunity for a Thai with a foreign spouse to buy land or property in Thailand. Prior to registering the land parcel at the Land Department, the couple may be asked to sign declarations, declaring that the funds for the property came solely from the Thai spouse. This may, in effect, result in the non-Thai spouse waiving his/her rights on the land or property. Such declarations may become problematic in a divorce case as the non-Thai spouse may have difficulties proving that the land was marital property. To prepare for such an event, a skillfully-drafted prenuptial agreement may be useful. How useful is a limited liability company for a foreigner who wishes to buy land or purchase property? This is one of the most popular methods employed by foreign investors who want to buy land or purchase property in Thailand. Although Thai law generally requires Thai nationals to own a majority interest in a company in order to legally purchase land or property, various legal documents and procedures can be used to provide greater protection for foreign minority shareholders. I am an American who owns 100 per cent of a Thailand-registered company under the Amity Treaty. Am I able to use this Amity Treaty company to buy land or purchase property? Unfortunately, an Amity Treaty company only allows Americans to transact in certain types of businesses. Under the Treaty, Americans can own a majority share in a Thai company but they are not granted the right to buy or purchase land in Thailand. How many types of title deeds are available for private land ownership? There are mainly three types of title deeds for private land ownership in Thailand. The best title deed for land ownership is the Chanot (Nor Sor 4), which must be registered at the Land Department in the province in which the land is located. Although it is possible for a land parcel to be commonly held by several individuals, only the person whose name is indicated on a Chanot has all the legal rights to that land. The deed can act as evidence of ownership, and it can be used to engage in legal acts upon that land as allowed by the law. The second and third best title deeds are the Nor Sor 3 Gor and the Nor Sor 3. For Nor Sor 3 title deeds, the Land Department does not utilize official markers to designate land boundaries. As a result, these title deeds have less specific land demarcation than the Chanot. Foreigners who intend to buy land should also be aware of the problematic "possessory right". This land-ownership right is not substantiated by a title at the Land Department but it is shown using tax payments. Title Deed Definition Chanot (Nor Sor 4) Full title deed Nor Sor 3 Gor Second best title deed. Used while awaiting measurement for a Chanot . Nor Sor 3 Third best title deed. Ownership may be established; Less specific boundary demarcation than a Chanot . Possessory Right One of the weakest land rights. Normally an inherited land right proven by tax payments at the local administrative office. Can you tell me more about land mortgages in Thailand? An application made in writing, followed by a registration at the Land Department of Thailand are two necessary procedures for land mortgages in Thailand. Buildings built on the land after the mortgage date will be not covered unless they were agreed upon prior to the signing of the mortgage documents. Such buildings and other immovable structures should be mortgaged and registered separately at the Land Department or local Amphur (province). I would like to know the pros and cons of utilizing company formation to own land in Thailand. With this approach, foreigners are able to acquire ownership interest in a freehold land in Thailand. This ownership is deemed permanent if the company stays in operation and does not sell or transfer the land. Company formation for the purpose of owning land would be suitable for people considering setting up businesses in Thailand; people with intentions of holding land for investment or for long duration; and as inheritance for future heirs. One other advantage of this type of ownership is the possibility of mortgaging and/or subdividing the land for resale purposes. This is a right normally conferred by land leases. For a Thailand-registered company to buy land legally, it must consist of Thai shareholders. Some foreigners hire Thai nationals to act as nominees of their company but this may be risky in the long run. These Thai nominees will become legal shareholders of the company and therefore, legally ow n the company. Even if there are ways of reducing shareholders' control in the company, it is still a risky approach to undertake for a foreigner. Another disadvantage is the need to maintain regulatory compliance of the company. The law requires a Thailand-registered company to file annual balance sheets and to maintain a company address. Moreover, companies that are not operating may be de-listed. It would, therefore, be wise to use an active company to purchase land or buy property in Thailand. If I hire a Thai national to buy land or purchase property on my behalf, can this person execute an agreement stating that the land belongs to me? In principle, it is illegal for a Thai national to buy land or purchase property on behalf of a foreigner. Therefore, the agreement carried out would be considered illegal and not put into effect. Which is a better alternative for buying land outside of Bangkok - hiring a local law firm from the province or a Bangkok-based law firm? A dearth of qualified law firms in provinces outside of Bangkok often poses problems for foreigners seeking a firm to handle all their legal needs. Before you hire a local law firm, do check that there is no pre-existing working relationship between the seller/Land Department officials and the local law firm. This is to prevent any biased assessments during the process of buying land. On the other hand, foreigners are able to find many qualified law firms in Bangkok. Bangkok-based law firms are able to commute to the provinces to execute the land transaction. Many foreigners feel more comfortable with this approach as these law firms operate independently and in full interests of the client (buyer). (Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied. Before taking any legal action, persons are advised to seek the advice of an attorney qualified in the area of law concerned.) www www.sgalegal.com Siam Global Associates Co., Ltd. Suite 606, 6th Flr., Nai Lert Building 87 Sukhumvit Road, Klongtoey, Vadhana Bangkok 10110 Thailand Tel: (662) 650 3510 (-12) Fax: (662) 655 0655 E-mail: sgalegal@cscoms.com © 2001-2005 Siam Global Associates Co., Ltd.



Buy Property

Buying Property in France Web TransitionsAbroad.com Home Work Study Travel Living As seen in Transitions Abroad Magazine March/April 2000 Related Topics Living Abroad Related Articles Legal Living in France Moving to France Buying a Home in France Property in France How to Find It, Buy It, And Live in It By Phyllis Cohen Buying property in France is not just for movie stars and celebrities. Ordinary people with a passable knowledge of French (or a friend who speaks it) and a lot of patience can acquire a bit of magic too. But before you attempt it, arm yourself with knowledge of how to find your special place, how to buy it, and how to live in it. Finding the Place As you look for what you want, here are several things to bear in mind: Don’t expect American state-of-the-art appliances, floor layouts, or conveniences. Part of the charm of old buildings is that they are old, and that includes the kitchens and plumbing. Decide if you want a pied-à-terre (a small place where you can comfortably stay for several weeks or months at a time) or a year-round residence. Generally, an apartment is sold with an empty kitchen—four walls and a water outlet. There are stores that will help you design and install your own kitchen, ranging from pre-fabricated cabinets at IKEA to a kitchen created by cuisinistes . Get at least three estimates as well as references before selecting your vendor. If you will be in a city, decide whether or not you will have a car. Parking in Paris is difficult; having a parking place can greatly increase the resale value of your place. France offers a wide variety of locales. Before you go to the effort of buying something, you really need to explore. Paris itself is divided into 20 arrondissements , each with its own character. If you are willing to live in the banlieue , or suburbs, prices drop dramatically. Properties in the countryside are considerably cheaper. Finding the right house or flat is more complicated than in the U.S. There is no such thing as Multiple Listings in France. Only 30 percent of real estate transactions occur with the help of realtors; the rest are directly between buyer and seller. As a foreigner, you might be more comfortable working through an agent, or agent immobilier , who knows the laws of France. Getting Started Let’s say you’ve decided to buy an appartement in Paris. Walk the streets to find an area you like, then hunt down some agencies that look promising. You can also check out the listings and realtors in various magazines, newspapers, and on the Internet. There is relatively little new construction in Paris. Those apartment complexes that are being developed are usually sold when ground is first broken; in other words, you basically buy an apartment two years before it is completed. Occasionally, you will find almost-completed apartments listed in newspapers and real estate magazines.If you are truly brave, you can buy a place at auction. Notices appear in newspapers such as Le Figaro and the International Herald Tribune. Let the buyer beware. At least take an architect with you when you go to look at the offering. Reading Listings No matter where you find your listings, they will all be posted as À Louer (For Rent) and À Vendre (To Buy). They will also tell you what arrondissement (if in Paris) or département (if in the rest of the country) the property is located in. Perhaps most importantly, they will give you the size in square meters and the number of rooms. Most apartments in Paris are small. Studios are 100-200 square feet, some smaller. Three-bedroom apartments are frequently under 1,000 square feet. Listings will tell you how many rooms there are other than the kitchen. A studio is one room. A one-bedroom apartment will have two pièces, or two rooms, plus the kitchen. Bedrooms are almost uniformly small, while the living rooms are comparatively large. Bear in mind that the French follow the European convention of counting the first floor as the ground floor (Rez-de-Chauseé or RdC); the second floor in American terminology is the first floor in Europe. Generally, the higher the floor, the more expensive the property. Closing the Deal Once you have decided on a place you like at a mutually-agreed upon price, you and the seller sign a document known as a promesse de vente . This is a legally binding document that confirms that the seller must sell the property to the buyer. The buyer, however, has 11 days to change his mind. The seller must also provide to the buyer an accurate floor plan of the apartment or house. All sales in France are conducted with notaires. Both the buyer and seller has his own notaire and they confirm that all aspects of the sale are done according to law. If you are buying a condominium, there will be a set of rules that govern the building. As an owner, you are a co-proprietaire and are bound by the laws of the building. Owners collectively determine such things as whether you are allowed to install a satellite antenna on your balcony, whether the building as a whole will subscribe to cable TV, how often and how much money will be spent on repainting the walls, etc. Do not make the mistake (as we did) of not personally reading all regulations before you sign. As a foreigner, it is advisable to hire an avocat , or lawyer, who specializes in real estate. In case of a disagreement, you are far better off having someone who knows the law and knows how to speak French. Tax Considerations Before buying property in France, you should know that the Government of France has very specific inheritance laws. By law, on your death your property is divided equally between your spouse and your surviving children. There are some steps you can take to ensure that the surviving spouse can continue to live in the house or flat. Speak with a lawyer about this before you buy the property. You will pay between 8 and10 percent in taxes and fees. If you buy an apartment less than five years old, however, you will pay only 3 to 5 percent or less. Ask also about property taxes, which tend to be less in Paris than in the country. Generally, you will be responsible for both a land and a habitation tax. A larger question is your residency status. If you reside in France full time and earn a living here, you will become part of the French social system. The taxes are extraordinarily high (more than 50 percent). Again, you should seek the advice of a tax attorney who is familiar with both the American and French taxation systems. You can get a list of attorneys from the U.S. Consulate. Financing If you are able to pay cash for your new home, you will not need a mortgage, and many properties for sale in the country might well be within reach of your savings kitty. If you need a mortgage, things become a bit more complicated. A French bank will issue a mortgage to expats as long as you can show regular income. By French law the total of all of your mortgage payments worldwide cannot be more than 30 percent of your total income.Lastly, you must have mortgage insurance for a large mortgage and a physical examination at the bank’s expense. If you do not fall neatly into an income category (e.g., you are retired without a fixed income), Banque Woolwich is a good resource. The staff are used to dealing with expats and speak excellent English (Banque Woolwich, 9, rue Boudreau, 75009 Paris; 011-331-42-684-221, fax 011-331-474- 203-23; www.woolwich.co.uk ). Mary Fort is branch manager.The good news is that mortgages in France currently have excellent rates. Most mortgages (or “prets”) are for 15 years and currently run 4.5 percent annually. Once you are here in France, an excellent book to read is At Home in Paris , published by the Junior Service League of Paris. It gives all sorts of hints on differences of living in the States versus France (like how to make sure your laundry pipes don’t clog up with deposits). Living in France is a free publication, in English, that gives useful information on housing, employment, banking, insurance, etc. It can be found at various establishments around Paris that cater to foreigners. To absorb the flavor of a buying experience, read Peter Mayle’s A Year in Provence or Francis Mayes’ Under the Tuscan Sun. Both give agonizingly accurate pictures of the adventure of buying property abroad. All in all, buying property in France might seem like a daunting experience, but it is not an unpleasant one. Contrary to France’s reputation of being inhospitable to foreigners, we have found the opposite to be true. With the notable exception of a few surly cab drivers, we have found the French to be polite and helpful. And as we take our evening walks across the Alexander III bridge we can’t help but be amazed that a small part of this City of Lights belongs to us! Real Estate Listings De Particulier A Particulier (From Buyer to Seller), published weekly on Thursdays, is the most popular nationwide resource. L’Hebdo Immobilier (Weekly Realtor), published weekly on Wednesdays, also has an Internet site at www.immobilierenfrance.com . Demeures de France, a bi-monthly publication that specializes in upscale offerings, is in English and in French and also has an Internet site at www.demeures.com . Demeures de Charme is similar to Demeures de France, and is also in English and in French. FUSAC , a bi-weekly free publication for English-speaking residents of Paris, has advertisements for rentals, purchases, and agencies which can help you do either. FUSAC is available at many locations around the city including W.H. Smith and Brentano’s, two English-language bookstores. PHYLLIS COHEN and her husband Bob have taken a year off from their software company, packed their bags, and moved to Paris (See " Moving to France " in the January February Issue of Transitions Abroad Magazine). Web TransitionsAbroad.com Home Work Study Travel Living Disclaimer ©Transitions Abroad



Rental Property How much

Selling Your Rental Property Intuit Home Intuit Products Support | Order Status | Shopping Cart Home Online Products Desktop Products Business Tips & Resources Sign In Automatic Renewal My Downloads Tax Tips & Topics Business Taxes Education & Taxes Employment Taxes Family & Taxes Homeowners & Taxes Investments & Taxes Retirement & Estate Taxes Tax Law & the IRS Tax Planning & Savings Tax Prep & Filing E-mail this Print this Selling Your Rental Property How much money am I going to make, after taxes, when I sell my rental property? Are you finally selling your rental property? Was dealing with that last tenant just more than you can stand to go through again? Did you just hear that the vacant land next to your property will be developed into a state college causing your rental property to realize a 10-fold increase in value? Are you approaching retirement and eager to liquidate your investment in order to travel the world, or just relax and take it easy? After finding a buyer and discussing a price, you may wonder what the sale will cost you in taxes and what your after-tax cash flow will be. Before you close the sale, then, you should figure out how much of your proceeds will go to Uncle Sam and how much you will be able to keep. You want to know how much cash you can expect to flow through your hands, after paying fees, costs, and taxes. How can I figure my gain ? Is my gain taxed as ordinary income or capital gain ? How do I report the sale ? What is my after-tax cash flow ? How Can I Figure My Gain? The amount you get for your rental property is the gross sales price. The first step in calculating your taxable gain is to figure out your net sales price. 1. Subtract All Your Selling Costs from the Gross Sales Price. You'll need a copy of your closing or settlement statement at hand to help you identify the costs involved in selling the property. But don't just assume that all costs on your closing statement can be considered selling costs . Pull out any rental expenses. Your closing statement may include items that were prepaid by you, such as property taxes, insurance, or homeowner's association fees. It may also include items that remain unpaid by you as of the sale date, such as rental deposits or property management fees. These items are ordinary and necessary rental expenses that you should report as part of your rental income or loss on Schedule E rather than as part of your property sale. After filtering out the rental items, add up all the selling costs; such as: Commissions on the sale Document recording costs Legal fees related to the sale Survey fees Title fees or costs Transfer fees Now, subtract your total selling costs from your gross sales price. The result is your net sales price. For example, if you have a total selling cost of $25,400, and your gross sales price is $550,000, your net sales price is $524,600. But how much of the net sales price is your profit, or taxable gain? 2. Subtract the Cost of the Property from the Net Sales Price. To figure your profit, or taxable gain on the sale, you need to subtract the cost of the property from the net sales price. But, naturally, adding up all your costs can take a little work. You need to know how much the property has cost you, starting way back when you bought it, and proceeding through the years as you made improvements (costing your more money), or took deductions for depreciation over the years (reducing your cost). The result is called your adjusted basis, because it has been heavily adjusted over the years, and it forms the basis of any calculation of profit or loss. (For more details, see The Tax Aspects of Selling Your Home . Subtract your adjusted basis in the property from the net sales price, to get your taxable gain. Example: Sally owns a rental property that she originally purchased for $320,000 (of which the portion allocable to land is $100,000), and over the years she has taken depreciation deductions of $115,667 for this property. She is considering an offer to sell the property for $450,000. She estimates that the selling costs will include real estate commissions of 6 percent and other costs of 1 percent of the sales price. Sally's net gain on the sale would be $214,167, calculated as follows: Gross sales price $450,000 Less selling costs at 7 percent 31,500 Net sales price $418,500 Less adjusted basis: Cost basis $320,000 Less depreciation allowed 115,667 Adjusted Basis 204,333 Net gain $214,167 Is My Gain Taxed as Ordinary Income or as a Capital Gain? When you sell a property you've owned for more than a year, the gain (the selling price less your selling costs and your adjusted basis in the property) is taxed at capital gains rates, which are lower than the regular income tax rates. The particular capital gains rate that's used depends on several factors. Most capital gains on sales of rental property are taxed at 15 percent but any gains due to depreciation you have already taken are taxed at 25 percent. Ordinary income, on the other hand, can be taxed with rates as high as 35 percent in 2004. Therefore, it's important to understand how much of your gain will be taxed at ordinary income tax rates and how much will be taxed at capital gains rates. Note: The tax rates addressed here are federal taxes rates only. Any state taxes that may also be due are in addition to the federal taxes. For Property Purchased in 1987 or Later If your property was purchased in 1987 or later: all of your gain will be considered capital gain, but there's a catch: while most long-term capital gains are taxed at a maximum rate of 15 percent, any portion of your gain that's attributed to any depreciation taken on your property is taxed at a special maximum rate of 25 percent. This applies to all depreciation taken on the property. (Note: Beginning in 1987, the only kind of depreciation you could take on the property was the straight-line method). Example: Continuing our example in the last section, Sally placed her rental property into service as a rental in 1988. She decided to depreciate her property on the straight-line basis over 27.5 years, so her total depreciation deductions from 1988 through 2003 amounted to $115,667. Of her $214,167 gain, $115,667 would be taxed up to the special 25 percent capital gains rate for depreciation and $98,500 would be taxed at the 15% capital gains tax rate. For Property Purchased Before 1987 If you acquired the property before 1987, the ordinary income portion of a gain on the sale of Section 1250 property consists of any additional depreciation taken on the property. Additional depreciation is accelerated depreciation that goes beyond what the depreciation would have been if it had been calculated using the straight line method. If your property was purchased before 1987 for residential rentals, additional depreciation on property acquired before 1987 is calculated for all years after 1975. For nonresidential rentals, additional depreciation is calculated for all years after 1969. The total additional depreciation (which is taxed at ordinary income tax rates) is deducted from the net gain in order to determine the amount of the gain subject to capital gains rates. This process is what's known as depreciation recapture. Essentially, because you were able to deduct depreciation expenses from ordinary income while you owned your rental property, you now pay the price at the time of sale: part of the gain on your property is taxed at ordinary income tax rates, in this case, your additional depreciation. Example: Joe purchased his rental property in 1985 for $320,000. He depreciated his property on an accelerated basis over 18 years, resulting in total depreciation deductions of $235,000. Had he used the straight-line method to calculate depreciation, his depreciation deduction would have been $229,000. Under the rules applicable to property purchased before 1987, his additional depreciation is $6,000. Assuming he sold his property for $418,500, of his $333,500 gain, $6,000 would be taxed at his ordinary tax rates and $327,500 would be taxed as capital gain. For more information see, FAQ on Capital Gains . Giving a Nod to Section 1231 Rental real estate, held for more than one year, falls under the definition of Internal Revenue Code Section 1231 and is therefore called Section 1231 property . A gain from the sale of section 1231 property can be either ordinary income to you (as a result of additional depreciation recapture if the property was purchased before 1987) or capital gain, or both. Section 1231 gains that are not subject to depreciation recapture (which is ordinary income) are long-term capital gains. Good news: If you have a loss on the sale of Section 1231 property, the loss is an ordinary loss, meaning that it reduces your ordinary income, not your capital gains income. Section 1231 gives you the best of both worlds, because gains are long-term capital gains (after depreciation recapture) and losses are non-capital, or ordinary, losses. How do I Report the Sale? You report the sale of a rental property on IRS form 4797: Sales of Business Property. The gross sales price, cost or other basis plus expenses of sale, depreciation allowed or allowable, adjusted basis, and total gain are all reported on Page 2, Part III, lines 20 through 24. If the property is Section 1250 property (which is just about any rental property), any ordinary income recapture is calculated on line 26. The capital gains portion of your gain is determined by subtracting the additional depreciation from the total gain. These amounts are carried to page 1 of Form 4797, where this capital portion is netted with other Section 1231 transactions. Transfer the net of Section 1231 transactions from page 1 of Form 4797 to Form 1040, Schedule D, Capital Gains and Losses. Put the ordinary income portion of your gain on line 14 of Form 1040, while your net capital gains from Schedule D are carried to line 13a of Form 1040. If your sale results in a loss, the entire loss is carried to line 14 on Form 1040 and is available to offset income from other sources. What is My After-Tax Cash Flow? Now that you have calculated your tax, you can calculate your net cash proceeds from the sale of the property. Enter your net sales price. Subtract any outstanding loan, to get a subtotal. Multiply the net gain (calculated in the previous example) by the capital gain rate of 25 percent on the part of the gain that represents depreciation and 15 percent on the rest of the gain. Subtract that figure from the subtotal, to see your net cash flow. Example: In our example, assume that Sally had decided she would not sell the rental property unless she could wind up with at least $200,000 cash after taxes and loan repayment. Assume she had an outstanding loan of $125,000 and other taxable income in her return. Her capital gains rates are affected by her other income. She calculates her after-tax cash flow as follows: Net sales price $418,500 Less repayment of the outstanding loan 125,000 Subtotal $293,500 Capital gains taxes at up to 25% & 15% $43,692 Net cash flow (before state taxes) $249,808 Based upon the above calculation, Sally would prefer to sell the rental property because her after-tax cash flow meets her requirements. Caution: Different states have different rules for taxing capital gains. Here, we have not considered the state tax impact. But, before making the sale, you should familiarize yourself with the state tax rules. If the property is located in a state other than your state of residence, it may be wise to study the rules of both the state in which the property is located and your state of residence, because both states may be very interested in your gain. For more on capital gains, see FAQ on Capital Gains . 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foreclosure property Top List

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