Real Estate Ownership Options For Foreigners In Thailand-matlab 等高线�

Foreigners in Thailand do not have the same investment options in Thai real estate as Thai nationals have. Their options and return on investment depends on the type of Thai property and ownership structure they have chosen and if the investment is made with an expectation of profit on a future resale or with the purpose of deriving in.e (rental in.e) and personal enjoyment from the real estate property in Thailand. Types of real estate properties in Thailand are: 1. Apartments registered under the Condominium Act of Thailand; 2. Apartments NOT registered under the Condominium Act; 3. Land 4. House 5. Land and house Types of real estate ownership for foreigners or rights of use and possession structures are: a) Freehold ownership of a condominium unit registered under the Condominium Act within the foreign 49% ownership ratio of such a condominium b) Ownership over a building separate from its land c) A registered leasehold of up to 30 years of: o a condominium unit registered under the condominium act o an apartment unit not registered under the Condominium Act (as part of a building) o land and/ or house o ownership over a building separate from its land d) Right of superficies (alienation by the owner of the surface of soil of all rights necessary for building on the surface) e) Right of usufruct f) Right of habitation g) Controlling shares in a .pany that owns real estate From an investors point of view: Leasehold: Lease agreement contracts in Thailand are governed by the section ‘hire of property’ in the Civil and .mercial Code. Proper drafting and registration of the lease agreement is essential. A lease agreement includes a variety of options and often aim to give confidence to the investor for future resale, purchase and renewal beyond the original registered lease term. If you make a leasehold investment with the purpose of making a profit on a future sale or assignment of the leasehold an agreement must be reached with the owner of the property. If no agreement can be reached a leasehold is a diminishing asset. It is possible to sublease the property if agreed in the lease agreement and to gain in.e from the property. During the lease term in.e can be received from renting out the property. House ownership: A house can be owned freehold by a foreigner in Thailand. In any long term leasehold structure freehold ownership over the house is re.mended, however the right to own a building on land owned by another relates directly to the right to use the land (lease, superficies). When the right to use the land expires the house must be removed or renewal to use the land must be agreed. Usufruct: A usufruct ends at death of the person granted the right of usufruct. It can"t be passed on to the heirs. In theory a second usufruct could continue if registration is allowed by the local land office. A .mon argument for a usufruct is that the person granted the usufruct is allowed to lease out the property in this way extend the use of the property beyond the usufruct, however, in case of a foreigners as the usufructuary management is not allowed (e.g. the required registration of the lease). A usufruct can"t be sold or transferred therefore for investment purposes not suitable. Superficies: The right of superficies (the registered right on the land to use the surface to construct and own a building) can be passed on your heirs. The right of superficies can be registered as a separate right or in .bination with a land lease (not a usufruct), lease and superficies .plement each other. A correctly structured land lease and superficies can passed on to the heirs. The lease can even be structured beyond a normal lease based on supreme court judgments giving greater rights to you and your heirs than in a normal lease or hire of property relation. The main element if such a structure is freehold ownership over the building. Thai .pany: The only vehicle available for foreigners to actually invest and control a real estate (i.e. land and house) in Thailand is a foreign controlled majority Thai owned Thai limited .pany. Up till 2006 this was popular method among foreign investors, since 2006 the government is restricting this option and this ownership is likely to be scrutinized under a new policy. Condominiums in Thailand: Only condominiums in Thailand offer direct and full ownership for foreigners in Thailand. 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