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.

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Real estate price index, annually. 1981=100 - Statistics Sweden Find: A-Z Content Search Find more on the website --------------------------- Agriculture, forestry and fishery Business activities Citizen influence Culture and leisure Education and research Energy Environment Financial markets Health and medical care Household finances Housing and construction Information technology Judicial system Labour market Living conditions National accounts Population Prices and Consumption Public finances Social insurance Social services Trade in goods and services Transport and communications --------------------------- Use Sweden's Statistical Database Maps About Sweden's Statistical Database --------------------------- Publication plan Publications About the publications --------------------------- International statistics Information and Library Economic statistics Regional statistics Methodology --------------------------- Information services Statistics Sweden's Business Register SCB International Consulting Order international statistics Order Swedish statistics --------------------------- Swedish Statistics Net Other statistical sources Housing and construction Real estate prices and registrations of title Real estate price index Annual figures. Index 1981=100. As a comparison the consumer price development is also shown Download Data and graphs for printing out (101 kb) Comments The graph shows the development of prices for one- and two-dwelling buildings for permanent living, buildings for seasonal and secondary use and multi-dwelling and commercial buildings. The price level is expressed as an index, with base year 1981=100. The graph for one- or two dwelling buildings and buildings for seasonal and secondary use are the official real estate price index, while the graph for multi-dwelling and commercial buildings is the purchase-price coefficient transformed into a graph. The development of consumer prices has been included in the graph to further illustrate the development of prices. The late 1980s was a period with very rapid price increases. The downturn of the economy in the early 1990s ended this and the price level decreased for three years. During the latter half of the 1990s, price increases have again been considerable. For the whole period, consumer prices have increased at a much slower pace than real estate prices. Press information Statistical Databases More graphs on real estate prices Real estate price index, annual changes To Economic statistics To Business cycle indicators Top of page Updated: 2005-06-01

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buy property with the

Advice for buying and reselling for a profit. - Oct. 14, 2004 Web CNN/Money Buying & Selling Investment Property Home Improvement Million $ Life Financing Best Places The art of the flip A new reality television show will follow real estate speculators as they buy, fix and "flip." October 14, 2004: 2:24 PM EDT By Sarah Max, CNN/Money senior writer SALEM, Ore. (CNN/Money) It's one thing to buy a house to call home. It's quite another to buy property with the sole purpose of turning around and reselling for a profit. It's called flipping, and in the coming months, a dozen aspiring real estate investors experience this firsthand -- on camera, no less -- as they attempt to buy, remodel and sell property within a period of six months. Flipping is the subject of an upcoming reality television series with the working title "Property Ladder," scheduled to appear on The Learning Channel in May 2005. "Everyone you talk to seems to know someone who has tried to flip property," said Char Serwa, the show's executive producer. In California, where most of show's subjects are buying, 2.6 percent of all houses sold during the month of May were owned for less than six months, according to DataQuick Information Systems, up from 1.9 percent the previous year. There are several varieties of flipping, said William Bronchick, author of "Flipping Properties." One is rehabbing, which is the focus of the show. Other flippers buy property that's in foreclosure or under construction and try to resell the property to other investors. "We're not advocating that people do this," added Serwa, explaining that each homeowner's story will be told in an individual episode, detailing the experience from purchase to sale. "This is truly an observational documentary," she said. "It's real life." Indeed, the homeowners featured on the show are not only footing the bill for the property and the cost of renovations, they're managing the projects on their own. Unlike other TLC makeover shows, seasoned carpenters and designers won't be pitching in to help. QUICK VOTE Have you ever bought real estate solely as an investment, and not to have a place to live? Yes No View results What the show's subjects do get is advice from host Kirsten Kemp, an actress, real estate agent and seasoned property investor. Whether the homeowners actually take that advice is another story. Viewers, meanwhile, may likely learn a few lessons as well, namely that buying, remodeling and selling property is hard work particularly when done in a matter of months. "A lot of things can go wrong," said Kemp. It's also financially risky. A slowdown in real estate means little to a homeowner settled in for several years, but it can be devastating if you're banking on selling for a quick profit. Buy it, fix it and sell it. Kristen Kemp, host of TLC's 'Property Ladder,' shares tips on flipping properties. Play video (Real or Windows Media) Factor in the transaction and renovation costs and there may be little profit at all. Any profit you do make, mind you, will be taxed at ordinary income if you sell in less than a year, noted Ron Phipps, of Phipps Realty in Warwick, RI. In seven years, Kemp flipped 40 properties, not always successfully. "I made money about 70 percent of the time, and 30 percent of the time I broke even or lost money." Here's a sneak preview of some of the lessons Kemp hopes to bring home. Leave your emotions at the front door When shopping for investment property, you want to find a house that tugs at you emotionally, said Kemp. If a house rouses your emotions, chances are it will do the same for future buyers will as well. When it's time to make an offer, however, your emotions cannot get the best of you. "You make money flipping in part by buying low," she said. "The people who say 'I just have to have this house' are the ones who overpay.'" Don't overdo it when renovating See the average cost for 15 common projects and how much they can add to the value of your home. Type of project: Bathroom Remodel - Mid-Range Bathroom Remodel - Upscale Bathroom Addition - Mid-Range Bathroom Addition - Upscale Maj. Kitch. Remod. - Mid-Range Maj. Kitch. Remod. - Upscale Master Suite - Mid-Range Master Suite - Upscale Family Room - Mid-Range Deck - Mid-Range Basement Remodel - Mid-Range Siding Replacement - Mid-Range Window Replacement - Mid-Range Window Replacement - Upscale Attic Bedroom - Mid-Range Average job cost (2003 Natl Avg): $ What will you get back? % Cost recovered % Value at sale $ Get your local results from Remodeling Online's 2003 Cost vs. Value Report "This is not the time to create your dream house," said Kemp. "You don't want to fix the property to a level that is not necessary." This is a dilemma many first-time flippers struggle with. On the one hand, they want to do a good job on the renovation. On the other hand, they don't want to put money in expensive light fixtures or elaborate built-ins if they aren't going to recoup the time or money they spent. That said, you don't want to cover up serious problems with a new coat of paint or a well-placed picture. "You want to attack anything thing that would be a red flag at closing," said Kemp. DIY when it makes sense The more work you can do yourself, the more money you'll make on the flip, said Kemp. Still, even do-it-yourselfers need help sometimes. Develop a list of reliable contractors, plumbers, electricians, drywallers and other experts to call on. Kemp, for one, says she has her own contractor to thank for getting her through many projects. While you're at it, find a good real estate agent, she said. "They can help you understand what is selling and what's not," she said. "They'll do a good job because if they do, they know you are going to list the property with them when you're ready to sell." Price the property to sell You give your blood, sweat and tears to a house, but it's no excuse to overprice it. "I encourage people not to get greedy," Kemp said. In fact, she recommends pricing property a little under market value. "Every day your house is on the market you're losing money." What if "Property Ladder" homes don't sell in time for prime time? That's just part of the story. And in real estate, sometimes that's the reality. --* Disclaimer Try an issue of MONEY magazine - FREE! More on REAL ESTATE • How to buy and build on rural land • Most overvalued housing markets • When booms go bust... TODAY'S TOP STORIES • Most overvalued housing markets • Risks to the economy in 2006 • Which was the worst ad of all in 2005? 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