Buying property in Thailand

Published by Luxury Koh Samui. Sources checked 22 September 2026. Use this checklist to prepare questions for independent Thai legal and tax advisers before signing or paying a deposit.

Ownership options for foreigners

First establish exactly what is offered: land, a building, a condominium unit or lease rights. Ask your lawyer to confirm your eligibility and the documents required. For a lease, have the term, registration, assignment and any renewal promise reviewed separately.

The foreign-ownership quota for a registered condominium is up to 49% of its total unit floor area, not 49% of its units. Confirm the available quota and your eligibility. Thailand government guidance.

BOI permission to own land applies to promoted investment projects under specific conditions. It should not be presented as a routine way to buy a holiday home. BOI land procedures.

Title and property documents

Request the title document and have your lawyer check the seller's authority, registered rights and encumbrances, boundaries, legal access and building permissions. Do this for the particular property; a portfolio description does not verify its title.

Transfer and registration fees

Request a current Land Office calculation for the proposed transaction. Agree in writing which party will pay each fee and tax before signing.

Withholding tax

The Revenue Department's property-sale guidance lists income tax withheld at source for both individual and company sellers. Ask your adviser to calculate the relevant amount and explain the payment obligations. Revenue Department guidance.

Specific business tax and stamp duty

Have an adviser establish whether the sale falls within the specific business tax rules. The stamp-duty schedule exempts receipts subject to specific business tax. Do not rely on a holding-period rule alone. Revenue Code, Section 91/2; stamp-duty schedule, item 28.

Annual property tax

Ask the local authority for the current Land and Building Tax assessment and whether the planned use changes the treatment. For a rental, ask a tax adviser about income-tax filing and allowable expenses. Revenue Department: rental income and personal income tax.

A complete cost estimate

Request separate amounts for the purchase or lease, registration, applicable taxes, legal work and recurring charges. Include insurance, utilities, maintenance and any management or common-area fees. An itemised estimate is more useful than an unsupported total percentage.

Independent legal advice

Choose an independent Thai property lawyer to review the documents, proposed contract and payment arrangements before you commit. LKS can provide the listing information you request; this page is general information and does not replace legal or tax advice.