At a glance
Selling property in Thailand as a Thai owner involves Land Office transfer procedures, seller-side taxes, and — if the buyer is foreign — quota and currency-remittance rules. A temporary fee-reduction scheme cuts transfer and mortgage registration fees to 0.01% each for qualifying low-value residential transactions through 30 June 2027[1][2]. Sellers remain liable for withholding tax, and either specific business tax or stamp duty, at the time of transfer[3].
Rules and requirements
- Fee scheme: transfer fee 0.01% (normally 2%) and mortgage registration fee 0.01% (normally 1%) apply when price, assessed value, and any loan amount are each ≤ THB 7 million, the property is a house, townhouse, shophouse, or condo, and the buyer is a Thai individual. Extended to 30 June 2027 by cabinet resolution (30 June 2026) and Royal Gazette publication (1 July 2026)[1][2].
- Seller taxes on transfer: progressive personal income withholding tax for individual sellers (flat 1% for corporate sellers), plus specific business tax of 3.3% if the property was held under five years, or stamp duty of 0.5% if held five years or more[3][4].
- Selling to a foreign buyer (condo): foreign freehold ownership across a condominium project is capped at 49% of total saleable unit area under the Condominium Act — still in force in 2026[6][7]. A cabinet-level proposal to raise this to 75%, possibly with zoning or price-floor conditions, has been under study since late 2024, but no bill has been submitted to parliament[8][9].
- Selling land to a foreigner: foreigners cannot own land under the Land Code, other than the BOI investment route (minimum THB 40 million investment, up to 1 rai, ministerial approval). Nominee ownership structures used to work around this are illegal[6][13].
- Currency documentation for foreign buyers: condo purchase funds must arrive from abroad in foreign currency, and for amounts of USD 50,000 or more the Land Office requires a Foreign Exchange Transaction form as part of the transfer documents[1].
- Nominee scrutiny: cabinet reviewed stronger enforcement in February 2026, including AI-assisted screening at the Land Department; a Foreign Business Act amendment went through public consultation that closed in April 2026; the Ombudsman reported on 23 July 2026 that amendments carrying penalties of up to three years' imprisonment and roughly THB 3 million in fines had been submitted to cabinet; a Land Code proposal to allow forfeiture to the state is also under study. Sellers should be cautious with buyers who appear to be using nominee structures[10][11][12].
Costs, taxes and timelines
At transfer, a seller typically budgets for: withholding tax (calculated on the assessed value using a progressive schedule for individuals, or a flat 1% for companies), specific business tax of 3.3% (properties held under five years) or stamp duty of 0.5% (five years or more), and — where the qualifying-price fee scheme does not apply — the standard transfer fee of 2% and mortgage fee of 1%, normally split by negotiation between buyer and seller[3][4][5]. Agent commission on a sale is customarily around 3% of the sale price, though this is a market convention rather than a statutory rate and remains negotiable[5].
Land and Building Tax, paid by the owner while holding the property (not at transfer), is capped by law at 0.15% for agricultural use, 0.3% for residential use, and 1.2% for other or vacant land, with exemptions for a principal residence (up to THB 50 million for house-and-land, THB 10 million for a building-only owner). As of January 2026 there was no across-the-board Royal Decree rate reduction in force; a proposed 50% cut for 2026 remained unconfirmed pending publication of a decree[13][14][15].
Transfer transactions at the Land Office are generally same-day once documents and taxes are settled, though sellers should allow time beforehand to obtain tax assessments, settle any mortgage, and — for foreign buyers — confirm the incoming funds and Foreign Exchange Transaction form are in order[1].
Step by step
- Confirm the offer and, if listing through an agent, agree commission terms (commonly around 3%, negotiable)[5].
- Gather title documents (chanote or other title deed), ID/house registration, and, if applicable, the condominium juristic person's debt-free and foreign-quota certificates.
- If a mortgage exists, coordinate an early settlement or transfer with the lender so the loan can be cleared at the Land Office.
- Obtain a tax assessment from the Revenue Department / Land Office to determine withholding tax and specific business tax or stamp duty due[3].
- If the buyer is foreign, confirm quota eligibility for a condo (49% cap)[6][7] or, for land, confirm the buyer is not attempting a nominee structure or falls under the BOI route[6][13]; verify the required foreign currency remittance and Foreign Exchange Transaction form for amounts of USD 50,000 or more[1].
- Attend the Land Office together with the buyer to sign the transfer, pay the applicable fees (0.01% scheme where it qualifies, otherwise standard rates) and taxes, and register the change of ownership[1][2].
- Settle agent commission and any remaining mortgage payout after funds are received.
Common pitfalls
- Assuming the 0.01% fee scheme applies automatically: it only applies when price, assessed value, and loan are each ≤ THB 7 million, the property type qualifies, and the buyer is a Thai individual[1][2].
- Miscalculating specific business tax versus stamp duty by getting the five-year holding threshold wrong[3][4].
- Underestimating the condo foreign-quota check — a project already near the 49% cap may not be able to accept a foreign buyer, regardless of what the seller and buyer agree[6][7].
- Accepting a buyer who proposes a nominee arrangement for land: nominee structures are illegal, and 2026 enforcement (AI screening, proposed forfeiture-to-state rules) has raised the risk for anyone involved[6][10][11][12].
- Treating a possible 75% foreign quota increase or a 50% Land and Building Tax cut as already in effect — both remain proposals or unconfirmed as of the dates in this overview[8][9][14].
What changed recently
The 0.01% transfer and mortgage fee scheme for qualifying low-value residential deals was extended to 30 June 2027, confirmed by cabinet resolution on 30 June 2026 and Royal Gazette publication on 1 July 2026[1][2]. On the foreign-ownership side, nominee-structure enforcement intensified through 2026 — cabinet-reviewed measures including AI screening in February, a closed Foreign Business Act consultation in April, and an Ombudsman report in July on amendments proposing prison terms up to three years and fines around THB 3 million — while a proposal to raise the condo foreign quota to 75% remains under study with no bill filed[8][9][10][11][12]. A proposed 50% cut to Land and Building Tax for 2026 had not been confirmed by decree as of January 2026[14][15].