Selling Thai property is not just finding a buyer. Before accepting an irreversible deposit, a foreign owner needs one workable chain: a person with authority to sell, a transferable title or right, an eligible buyer, a contract that allocates risk, a registrable closing, vacant or agreed possession, and a bank route for the proceeds.
This guide is a preparation framework, not a tax calculation or legal opinion. The responsible Land Office, revenue treatment, juristic person, mortgagee, and authorised bank decide the documents for the actual facts.
What must be confirmed before the property is marketed?
Start with six questions:
- What is being sold? A foreign-name condominium freehold, a building with separate land rights, an assigned lease, shares in a property-owning company, an inherited interest, or an off-plan contractual right are different transactions.
- Who can sign? Match the passport or company name to the title, contract, and bank account. Check co-owners, spouse rights, estate authority, directors, signing conditions, and any required resolution.
- What burdens the asset? Obtain a current title copy and identify mortgages, leases, usufruct, superficies, servitudes, court restrictions, tenants, and unpaid common charges.
- Can the buyer take the right offered? A foreign condo buyer needs a route that satisfies the Condominium Act and quota/evidence requirements. A foreigner generally cannot receive land merely because the seller once held an indirect structure.
- What must happen simultaneously? Mortgage discharge, receipt of the balance, registration, release of originals, and handover should be one controlled sequence.
- How will the money move? Confirm the receiving account, payee names, exchange route, evidence of source, and outward-remittance file with the bank before the contract fixes an impossible payment route.
Do not promise that permits, extensions, furniture, rental income, or unregistered rights transfer unless the documents say so.
Which seller identity and authority documents should be ready?
An individual seller normally prepares the original title or condominium certificate, passport and name-change evidence, acquisition documents, and any marriage, divorce, co-ownership, estate, or court records relevant to authority. A Thai company normally needs a current company affidavit and shareholder material, director identification, the correct board or shareholder approval under its articles and law, and the company seal where its signing conditions require one.
If the seller will be abroad, use the Department of Lands form for that asset: the Department publishes separate power-of-attorney forms for title deeds and condominium units. A document signed abroad may need notarisation and further authentication; the exact chain depends on origin and the receiving office. Send a draft and supporting passport copy to that Land Office for confirmation before execution. Do not sign blank forms or give powers beyond the identified transaction.
All registered co-owners must participate or validly appoint a representative. Spouse consent and whether an asset is personal or marital property are fact questions, not assumptions based on whose name appears on the title. An executor or heir must first have authority and a registrable interest; see Inheritance of Thai property by foreign heirs — what actually happens.
What property file should the seller assemble?
- current official title or condominium certificate and prior transfer instrument
- title search showing mortgages and other registered rights
- building permit, house registration, plans, and evidence of building ownership where a house is separate from land rights
- lease, sublease, usufruct, superficies, service, rental-management, and occupant agreements
- mortgage payoff statement and lender’s written closing instructions
- condominium juristic-person balance, required debt-free certificate, and any ownership/quota document needed for the buyer
- receipts or status for Land and Building Tax, common-area charges, sinking fund, utilities, and local charges; ask the relevant office which evidence it requires
- inventory with serials or photographs, exclusions, defects, keys, access devices, and meter readings
- permits, warranties, insurance and service records that the contract says will pass
A clear file prevents the contract from promising clean title or vacant possession when a bank, tenant, co-owner, or registered right still controls the outcome.
How should reservation, deposit, and sale terms be controlled?
A reservation is not a substitute for the sale and purchase agreement. Before any non-refundable amount, identify the exact asset, parties, price, deposit holder, due-diligence period, refund triggers, and deadline for the full agreement.
The sale agreement should state:
- title identifiers and every right, building, fixture, and inventory item included
- price, currency, account/payee, deposit, balance, and proof of payment
- conditions precedent: satisfactory title, buyer eligibility, lender cooperation, clearances, corporate/spouse/estate authority, and documents required for registration
- a fixed closing date or objective window, notice, cure period, default consequences, deposit return or forfeiture, and treatment of delay outside either party’s control
- who funds each tax, fee, mortgage-release cost, professional cost, agent fee, bank fee, and currency difference
- whether possession is vacant or subject to disclosed occupants; move-out, rent/deposit transfer, keys, meters, utilities, damage, and risk of loss
- representations limited to facts the seller can prove, plus survival and remedy terms
- a closing-document list and rule that originals, payment, mortgage release, and registration are exchanged together
Market convention is not law. A fee commonly borne by sellers can still be reallocated economically by contract, but the Land Office and Revenue Department still classify and assess it under law.
Which Thai taxes and fees must be priced into the sale?
As checked on 23 July 2026, the Department of Lands’ official fees, taxes and duties guide states the ordinary fee for a registered ownership transfer is 2% of official appraised value. It also describes Specific Business Tax at an effective 3.3% of the higher of appraised value or stated consideration when applicable, and the separate bases for withholding and stamp duty. Temporary statutory reductions can apply only if the transaction meets their current conditions; verify the rate for the scheduled date rather than writing a reduced rate into the contract as a certainty.
That 2% ownership-transfer fee is not a universal charge for every structure in this guide. Lease registration or assignment, company-share sales, and off-plan contractual assignments follow the rules for their own instruments. For the current lease registration and stamp-duty treatment, use 30-year leasehold in Thailand — registration, renewal, and what to negotiate rather than borrowing the ownership-transfer rate.
How does withholding tax differ by seller?
For an individual, Land Office withholding is not a flat seller percentage. It uses official appraised value, how the property was acquired, deemed holding years, statutory expense deductions, and progressive personal-income-tax rates. The Revenue Department’s sale-of-immovable-property guidance and annual return guidance control the actual treatment. See Withholding tax on property sale in Thailand — how the Land Office calculates it and Capital gains on property sale in Thailand — what foreigners actually pay, but obtain a transaction-specific calculation before fixing the net proceeds.
For a Thai company or partnership, the Revenue Department states that the buyer withholds 1% of the higher of sale price or official appraised value when ownership or possessory rights transfer; that is corporate withholding, not the company’s final profit tax. See the official juristic-person withholding guidance.
When do Specific Business Tax and stamp duty apply?
The Revenue Code sets Specific Business Tax at 3.0%, with municipal tax producing the commonly collected effective 3.3% for a taxable immovable-property sale. The base is generally the higher of stated price and official appraised value. The Revenue Department explains the rules and individual exemptions in its property-sale SBT guidance; holding period, acquisition method, house-registration facts, and seller type matter, so “under five years always pays” is not a complete test.
The Revenue Department’s stamp-duty schedule charges 1 baht per 200 baht or fraction for a registered immovable-property receipt—effectively 0.5%—and exempts a receipt that is subject to Specific Business Tax. Therefore SBT and this sale receipt duty are alternatives for the same receipt, not two amounts to add automatically.
What other costs belong in the net-proceeds sheet?
Include agreed transfer-fee share, mortgage payoff and discharge, condominium or estate clearance charges, arrears, repairs or retention, agent commission if contracted, legal and translation costs, company accounting/tax work, bank and SWIFT charges, and currency spread. These are contract, service, or bank costs—not additional government “taxes.” Ask for written quotations and keep them separate from statutory charges.
There is no honest universal seller total. Property transfer fees in Thailand — the 2% rule and the Thai-only stimulus explains the components, but the signed allocation and the facts on registration day determine the cash each party brings.
How do the main sale structures differ?
| Structure | What actually transfers | Seller control points |
|---|---|---|
| Foreign-name condo freehold | Registered condominium ownership | Buyer’s eligibility and foreign-quota evidence, debt-free certificate, title burdens, payment and registration |
| Villa or house with land rights | Building ownership plus the actual land right or contract | Do not describe land freehold if the foreign seller owns only a building, lease, superficies, or company interest; align every component |
| Leasehold | Assignment or new grant of lease rights | Lease permits, lessor consent, remaining term, registered burdens, registration and tax/stamp treatment; see 30-year leasehold in Thailand — registration, renewal, and what to negotiate |
| Thai-company-held asset | The company sells the property, or shareholders sell shares | Proper corporate authority, company taxes, accounts, liabilities and beneficial-ownership compliance; a share deal is not a Land Office property transfer |
| Inherited property | The estate/heir transfers a registrable inherited interest | Executor/heir authority, completed estate registration where required, foreign ownership limits and any disposal duty |
| Off-plan assignment | Contractual purchase rights before title exists | Developer/seller consent, assignment restriction and fee, buyer substitution, paid instalments, refund/default rights, and future registration eligibility |
Do not switch from an asset sale to a company-share or nominee arrangement merely to avoid a fee. That changes what the buyer acquires and the liabilities retained.
How does a Land Office closing work for the seller?
The seller, buyer, mortgagee and representatives should agree a written funds-and-documents sequence before attending Land Office transfer day in Thailand — fees, timeline, and documents. A practical closing order is:
- confirm identities, authority, originals, buyer eligibility, and final Land Office calculation
- verify cashier’s cheques or bank credit and the exact payees
- have the lender discharge the registered mortgage against its payoff amount, if applicable
- sign the official registration instruments only after the figures and conditions match the agreement
- pay taxes and fees and obtain official receipts
- register the buyer or assignee and inspect the updated title or registered instrument
- release the seller’s net proceeds and closing originals under the agreed simultaneous mechanism
- sign the inventory/possession record, deliver keys and access devices, and record meter readings
If a condition fails, use the contract’s adjournment and cure terms. Do not hand over the original title, keys, or an unconditional receipt merely because a transfer is “scheduled.”
What changes for a non-resident seller or power of attorney?
Remote closing is possible only if the Land Office, lender, juristic person, and bank accept the documents and signature route. Plan extra time for original courier delivery, translations, notarisation or authentication, lender forms, and bank KYC. The POA must cover the specific registrations and payment/receipt actions without becoming an unrestricted mandate.
A non-resident’s Thai transfer taxes are still determined by the Thai transaction rules. Separate home-country residence, reporting, capital-gains, estate, and foreign-tax-credit questions remain; Thailand’s Land Office receipt does not prove the home-country return is complete.
How should sale proceeds be received and remitted abroad?
Use an account and payment trail that match the contract and seller. Avoid unexplained third-party accounts and split payments. Before closing, show the bank the draft sale agreement and ask which originals it will require for the intended outward transfer.
The Bank of Thailand says foreign-exchange transactions must go through authorised providers and publishes the current exchange-control framework. The bank then applies KYC/AML and source-of-funds checks to the specific remittance. For example, an official bank’s outward SWIFT page asks foreign customers for source-of-income documents and applies transaction thresholds. This illustrates why the seller’s own bank must confirm the actual route; it is not a recommendation.
Prepare:
- passport and current bank KYC records
- signed sale agreement and Land Office registered instrument
- pre- and post-transfer title copies and official tax/fee receipts
- statement showing buyer funds and mortgage payoff
- original inbound-remittance confirmation or FET evidence where relevant
- written explanation and evidence for any gap between original inbound funds, price, debt payoff, and net proceeds
- overseas beneficiary, SWIFT/IBAN, currency, charges, and source/purpose wording
Exchange rate and correspondent charges can change the amount received. Decide whether to convert THB before sending, send an available foreign currency, or stage transfers only after the bank quotes the route. Never assume the original FET alone guarantees outward remittance of the entire sale price.
What preparation timeline reduces closing risk?
These are planning targets, not statutory deadlines:
- Before listing: verify title/authority, structure, occupants, mortgage, tax status, documents, and bank route; build the net-proceeds sheet.
- Before reservation: screen buyer eligibility and agree due diligence, refund, and exclusivity terms.
- Before the sale agreement: obtain title and corporate/estate checks, lender payoff route, clearances, tax estimate, inventory, and bank confirmation.
- Two to four weeks before closing: finalise POAs/authentication, corporate or spouse approvals, mortgage discharge, juristic-person documents, and payment instructions.
- Several business days before closing: recheck originals, names, cheque payees, Land Office estimate, buyer funds, key/meter plan, and bank contact.
- At closing: exchange registration, payoff, receipts, net proceeds, originals, and possession in the agreed order.
- After closing: remit through the confirmed bank route, retain the full file, complete Thai/company/home-country reporting, and notify utilities, juristic person, insurer, and occupants as applicable.
What should be on the seller document checklist?
- original title/condominium certificate and current search
- passport/name records; co-owner, spouse, estate, or court authority
- valid asset-specific POA and overseas authentication if used
- company affidavit, articles, approvals, directors, seal and tax/accounting file if applicable
- mortgage payoff and discharge appointment
- lease/occupant/management contracts and deposit statement
- building ownership, permit, plans, house registration and land-right documents
- juristic-person debt-free/other required certificates
- tax, common-fee, utility and local-charge evidence requested for the case
- signed inventory, defects, exclusions, keys/access and meter schedule
- bank account, inward-funds evidence, remittance document list and beneficiary details
- transaction-specific tax/fee estimate and written contract allocation
What should be checked at closing?
- identities, signatures, authority and title numbers match
- buyer is eligible for the exact registered right
- no new encumbrance or unpaid clearance has appeared
- Land Office assessment matches the facts used in the cash plan
- mortgage discharge, registration and payment are simultaneous
- every cheque/account payee and amount is verified independently
- official receipts and updated title/instrument are inspected and copied
- net proceeds reconcile to price minus documented deductions
- possession condition, inventory, keys, meters and occupant deposits are signed off
- originals and closing copies go to the named custodian
Which red flags should stop the seller?
- pressure to accept a large non-refundable deposit before authority, title, tax, or buyer checks
- a request to understate the price, create a side payment, use cash, or route funds through unrelated accounts
- a promise that a foreign buyer can own land because “the company structure is already there”
- blank POAs, undated instruments, unmatched Thai and foreign-language versions, or missing pages
- mortgage discharge dependent on funds being released before the lender attends or confirms payoff
- buyer or intermediary refuses KYC/source-of-funds questions
- contract says only “fees as customary” or makes every clearance the other party’s problem
- tenant, lease, marital, inheritance, company, or co-owner rights are treated as informal
- bank remittance is left until after closing without source documents
- keys or original title are demanded before registration and cleared payment
Pause and cure the problem in writing. A delayed closing is usually safer than an irreversible transfer or untraceable payment.