90 Days Report.

1.  Question :  Do the alien granted one year extension of stay permit have to notify his/her address every 90 day?
Answer :  He/She has to notify his/her address every 90 days by the Form of TM 47.

                 
2.  Question : What is procedure ?

Answer :   -   The foreigner makes the notification in person, or
                    -   The foreigner authorises another person to make the notification, or
                    -   The foreigner makes the notification by registered mail.
                    -   The notification must be made within 15 days before or after 7 days the period of 90 days expires.

                    -   The first application for extension of stay by the foreigner is equivalent to the notification of staying in the    Kingdom over 90 days.    

3.   Question  :  What are documents required for 90 days notification of residence ?

Answer :        In case of notifying in person or made by agent, documents required are as follows;

-                                             The alien’s passport ( original )

-                                            Completed form of notification (TM.47) signed by the owner of passport

-                                             The latest receipt of notification ( if any)

4.     Question : What is the punishment in case of late/not notifying of residence every 90 days ?

Answer :  - In case notifying in person, the alien will be punished with a fine of 2,000 Bath.

               -   In case of  being arrested for not notifying on the due date, the fine not exceeding 5,000 Baht and with an additional fine of 200 Bath for each day which passes until the law is complied with.
                        

.     5. Question :  Where is the place to make 90 days notification?
Answer :  In case of notifying in person or by agent, it must be made at the Provincial Immigration office located in the same area of the alien’s residence.

6.     Question : When is the right time that the alien      (granted one-year extension of stay permit) has to make 90 days notification of address if he/she has left the kingdom and re-entered with re-entry permit?

Answer : As The alien re-enter the kingdom, the notification of residence should be made when it’s due for 90 days from the date of his/her latest arrival.

7.   Question : Is the application Form for extension of temporary stay (TM.7) deemed to be notifying of  the alien’s residence every 90 days?

Answer :  No. Notification of address every 90 days must be made only by the Form TM.47 even The Form for extension of Temporary stay (TM.7) has mentioned the address of the alien

Note The notification of staying in the Kingdom over 90 days is in no way equivalent to a visa extension. If a foreigner staying in the kingdom over 90 days without notifying the Immigration Bureau or notifying the Immigration Bureau later than the set period, a fine of 2,000.- Baht will be collected. If a foreigner who did not make the notification of staying over 90 days is arrested, he will be fined not exceeding 5,000 Baht. If a foreigner leaves the country and re-enters, the day count starts at 1 in every case.

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Foreigners and Property in Thailand

According to Thai law, foreigners cannot own land in Thailand; however, other alternatives exist for a foreigner is allowed to acquire land.

How can foreigners own land in Thailand?

The safest and easiest methods for circumventing the law prohibiting foreigners to own land include using a leasehold agreement or setting up a Thai limited liability company.

What are the advantages of setting up a Thai company to buy land?

Unlike land leasing, the ownership of such land is permanent as long as the company exists. Using this method is also convenient if you were already planning to set up a business in Thailand. This method is also suitable if you wish to purchase land as part of an investment as it is possible to mortgage or subdivide the land for resale, which is not normally possible with a leasehold.

What are the disadvantages of setting up a Thai company to buy land?

Unless you a foreigner you cannot own more than 49% of the shares in the company. This means that you need Thai shareholders who will sign over control of their shares to you. The minimum number of shareholders is 3, so you can have 1 foreigner and 2 Thai shareholders. However, even though you control these shares, proper legal procedures need to be put in place in order to protect your investment. You also need to make sure that the regulatory compliance of the company is maintained. Inactive companies that are not generating income may be de-listed, so you need to make sure that balance sheets are filed annually and that the company's address is maintained.

Land Leases

Do you have to register the land lease at the Land Department?

Leases up to 3 years don't need to be registered. Leases that are 3 years or longer must be registered at the Land Department.

What is the maximum lease term available?

The maximum lease term is normally 30 years with an option for an extension of 30 years and a further 30 years after that. Each lease renewal must be registered at the local land office. Land for industrial purposes may be leased for up to 50 years by a foreign company under certain circumstances with a possible lease extension of a further 50 years.

What are the disadvantages of leasing a property?

Its possible that the land owner may refuse to sign the registration for the lease extension after 30-years. The lessee can sue for breach of contract, but the entailed legal process is costly and time-consuming. Other disadvantages include the difficulty in obtaining a mortgage for the lease, a lower resale value and potential lawsuits from the land owner for lease violations.

Purchasing Condominiums

How is a condominium defined under Thai law?

A condominium is basically defined as a building with distinct portions that can be sold for personal ownership.

What are the requirements for a foreign individual or organization to purchase a condominium in Thailand?

A foreigner must have permanent residence in Thailand in accordance with Thai Immigration Law. A foreign legal entity is in accordance with the Announcement of the Foreign Business Act B.E. 2542 (1999) and has been granted an Investment Promotion Certificate in accordance with the Investment Promotion Law. A foreigner or foreign legal entity, who brings foreign currency into Thailand, or brings in Baht currency from the account of a person living abroad, and uses foreign currency from their deposit account. This requirement is normally met by the presentation of a Dor Tor 3 form, which is provided by the bank receiving an incoming remittance from abroad.

Are there restrictions to owning a condominium?

A foreigner or foreign legal entity can acquire up to 49% of the total number of units in a building. However, more than 49% of the ownership may be allowed in certain condominiums in Bangkok and other urban areas.

Are condominium long-term leases available?

Condominiums can be leased for periods of up to 30 years, which can be renewed. Leases of more than three years are required to be registered with the Land Department.

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