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Cambodia
Indonesia
Mexico
Northern Cyprus
Thailand
Vietnam
Forms of real estate ownership

In the Kingdom of Cambodia, foreign buyers have the opportunity to acquire full ownership only of condominiums, in accordance with the law.

There is a law adopted in 2010 that allows foreign investors to buy in their name real estate above the ground floor. The property located below the ground floor, including land, houses and villas, is available for lease for a maximum of 50 years, with the possibility of extension two more times 50 years, or purchase through a company registered in partnership with a local resident, which must have at least 51% of the company’s shares.

In Cambodia there are various types of property rights:

● soft right – soft title
● solid right – hard title
● right LMAP – LMAP title
● Ownership of shares in the common property – strata title

In particular, the strata title is a certificate of ownership of a separate apartment in a building in common ownership. This title allows foreign investors to legally purchase real estate in Cambodia.

Main taxes and expenses for the purchase of real estate

4% – Property Transfer Tax. Buyer pays when buying property.

●  Stamp duty. Varies from 100 to 2000 khr. The buyer pays.

●  $500-$600- Attorney services to accompany the transaction. Fees paid to lawyers for legal assistance and preparation of documents.

●  20% – Resale capital gains tax. The difference between the sale price and the cost paid by the seller.

Main taxes and expenses on ownership of real estate

0.1% – Property tax (annual property value tax) – 0.1% of the property value. The owner pays.

The real estate tax is calculated by using 80% of the tax base, deducting $25,000, and then calculating 1% of the total. The tax base is assessed and established by the Decree of the Minister of Economy and Finance. The amount of $25,000 represents the value of the property valued below this amount and exempted from real estate tax.

$50 – Utilities. Electricity, heating, cooling, water, garbage

$0.50 – $2 m²/month – Common area service fee.

10% – Rental income tax.

0.1 – 0.2% – Building tax. Paid if building/villa is organized. Depends on where the property is located.

14% – Withholding Tax (income) (for non-residents). 

Types of visas in Cambodia

There are two main types of visas in Cambodia:

● Tourist visa (T) – provides the right to a single entry with a maximum stay of 30 days only for the purpose of tourism. Tourist visa can be obtained on arrival at the airport or in advance by applying for an e-visa (eVisa) online for $36 before arrival in Cambodia.

● Ordinary Visa (E) – initially it has the same validity period as a tourist visa. However, it may be extended while in Cambodia depending on the purpose of the visit:

  • Cambodian Business Visa (EB): For business trips or those who are planning a long-term job in Cambodia. This visa can be extended up to one year.
  • Pension Visa of Cambodia (ER): For foreign nationals over 55 years of age who are retired and can support themselves financially without work. This visa can be extended to one year.
  • Cambodian Student Visa (ES): For international students admitted to educational institutions in Cambodia. This visa can be extended up to one year.
  • Cambodian visa for job search (EG): For foreign nationals in Cambodia in search of work. This visa can be extended up to six months.

 

All regular Cambodian visas (E) extended for more than 30 days become multiple entry visas.

Residence permit

There is no residence permit in the legislation of the Kingdom. There is a so-called resident card for foreigners, which does not give the right to a citizen, but its presence is mandatory when applying for Cambodian citizenship.

There are two types of resident card.

The temporary card is issued to foreigners who are:

  • Employees and specialists in managerial positions;
  • Technical staff
  • Skilled workers
  • sellers of services or personal labor.

 

A permanent residence card is provided for foreigners arriving in the country on permanent residence, who meet the following conditions:

  • Immigrants recognized by the Ministry of the Interior;
  • Foreign investors and their family members recognized by the Cambodian Development Council.
Acquisition of citizenship

The main ways of acquiring Cambodian nationality are:

Marriage to a national. Marriage or marriage to a Cambodian national/citizen does not automatically confer the right to citizenship of that country. By law, such a family must live together for a minimum of three years before applying for citizenship. However, the application would be considered by royal decree and could well be rejected.

Naturalization. All legal procedures for residence in Cambodia for a period of seven years must be followed, Khmer was very fluent and Cambodian history had to be tested.

Significant investment. Cambodian law offers a unique service – «purchase» of citizenship. To do this, you need to create an investment project with start-up capital of at least $300,000 and obtain permission to implement it from the Cambodian Development Council. On the other hand, an investor may be authorized to invest in the country’s economy by the Royal Government and not be authorized by the Development Council.

If the foreigner is not an investor, it is enough to date the budget of the country for the amount of from 250 thousand dollars in order to restore and develop the economy of Cambodia. In such a case, there is no need to live in the territory of the country for more than 7 years, but the implementation of all the other points of naturalization is mandatory (knowledge of language, history, culture, physical health, no criminal record).

Cambodia is one of the few Asian countries to offer a citizenship program for investment.

Successful Cambodian passports provide visa-free access to ASEAN and 54 countries, including Thailand, Singapore, Vietnam and Malaysia.

Once granted citizenship, a foreigner will also be able to own land and real estate in his or her name in Cambodia.

Land types in Bali

Land zoning in Bali according to the specific purpose is an integral part of the island’s real estate market. The zoning system has been under the control of Badan Pertanahan Nasional (BPN) since 2007 and is periodically modified to remain relevant.

Regardless of whether you are looking for commercial or residential land, understanding the zoning of the land in Bali will help make investment decisions. And it is not only about avoiding headaches with regulation, but also about valuing the unique cultural and natural heritage of the island.

In Bali, there are several types of land zoning, each of which is designed for a specific use. These species are represented by different colors, which facilitates the determination of the purpose of the land plot.

●  Agricultural land (Green) – the largest land area on the island, intended exclusively for agricultural activities on which construction is prohibited.

●  Residential land (Yellow) – plots located in urban and suburban areas of the island, intended for the construction of residential real estate, with good location and communication.

●  Commercial land (Red) – plots located in strategic areas in close proximity to public facilities and infrastructure, intended for commercial and business activities. Land in this zone is divided into three categories: central business area, commercial area and commercial tourism.

●  Tourist land (Pink) – plots intended for the construction of hotels, resort villages and villas, located next to the resort areas and entertainment establishments.

●  Land Commercial and Residential (Orange) – multifunctional plots intended for the construction of residential and commercial real estate, located in the urban areas of the island.

Forms of ownership of land and real estate

According to the basic Indonesian Land Law No. 5, 1960 (UU 5 / 1960) or UUPA (Undang-undang Pokok Agraria), land rights in Indonesia can be divided into two categories: Primary and Secondary.

Hak Milik, freehold is an unconditional primary right, which is the equivalent of Freehold title in Western legal systems. Only Indonesian citizen and specific legal entities: state banks, religious organisations and social bodies can hold the ownership right. Neither a limited liability company nor foreign nationals can have unconditional ownership.

Hak Guna Bangunan (HGB), freehold – primary right of development and possession. This method is suitable for companies incorporated in Indonesia, including Foreign Capital Companies (PT). It allows a legal entity to own or erect/build several properties, sell, rent, open a hotel business. HGB is issued for a period of 80 years.

Hak Pakai is the primary right to use land directly owned by the state or a private individual based on an agreement with the landowner. The foreigner owns the property on the basis of a personalised certificate and the ownership is registered with the National Land Agency. The land can only be transferred to a third party with the permission of the landowner. Hak Pakai is issued for a period of 70 years. This form of ownership is recognised as the safest form of ownership for buyers from other countries. It can only be applied to one property.

Hak Sewa, leasehold is a secondary right to use land under a long-term lease agreement. It gives the owner the right to construct and/or use buildings on land owned by the primary title holders for a fixed period of time. The title holders can be foreign individuals and foreign legal entities, Indonesian citizens as well as Indonesian legal entities.

Main taxes and expenses for the purchase of real estate

5% – Property transfer tax. The buyer pays when buying real estate or land in Freehold.

≈1.5% – Stamp duty. The tax is calculated by dividing the price per square meter of land by 1000 and multiplying it by the number of square meters of real estate.

●  11% – Value Added Tax. This tax is levied only on properties sold by the developer, not on private sales.

●  1% – Notary fee. Notarial fees related to the transfer. 1% of the property value or a fixed amount.

●  0.5% to 2.5% – Services of a lawyer to accompany the transaction. Fees paid to lawyers for legal assistance and preparation of documents.

2.5% freehold. 10%/20% leasehold – Capital gains tax on resale. 10% is paid by the seller with tax number in Indonesia. 20% paid by the seller without the Indonesian Tax Number (NPWP).

Main taxes and expenses on ownership of real estate

$90 – Utilities. Electricity, heating, cooling, water, garbage (for apartment 85 sq. m)

IDR 50,000 ($3.15) – IDR 150,000 ($9.45) m²/m – Common area service fee. The cost of building maintenance in Indonesia varies greatly depending on factors such as the size of the building, location, age and level of maintenance required.

0.5% – Land and building tax. Paid annually.

10 / 20% – Rent income tax. 10% of rental income for residents, 20% for non-residents.

0.1 – 0.2% – Building tax. Paid if building/villa is organized. Depends on where the property is located.

20% – Withholding Tax (income).  20% for non-residents. For residents: up to 60 million IDR – 5%, 60 million-250 million IDR – 15%, 250 -500 million IDR-255, over 500 million IDR-30%, more than 5 billion IDR – 35%.

Rental property management

Property management commission for rental properties starts at 10%. If all utilities, minor repairs, daily rental expenses, etc. are included, the cost of the entire service (including commission) can be up to 30% of the rental amount. A separate contract with a property management company is always concluded for property management, where all the details are spelt out.

Types of visas in Indonesia

Visa On Arrival (VOA) – visa is issued directly at the airport upon arrival (cost 35 USD) for 30 days with the right to extend for another 30 days.

Electronic Visa On Arrival (eVOA) – visa is issued online through the official Indonesian Immigration website (cost 35 USD) for 30 days with the right to extend for another 30 days.

Offshore eVisa B211 (tourism purpose) – ideal for those who plan to stay in Bali for more than 2 months. This visa allows you to stay in the country for approximately 6 months.

Business visa (Offshore eVisa B211, business purpose) – suitable for those who plan to come to Bali on a business visit (for negotiations, sourcing, buying land or property) for a long period of time. It is issued for 2 years with the possibility of extension.

Work KITAS (index 312) – annual visa with multiple entries/exits, gives the right to work and earn income in Indonesia. It can be issued only if you are officially employed by a company.

Freelancer/Entertainment KITAS – issued for 6 months (only for certain positions) and allows you to work in Indonesia without formal employment with a company.

Investor KITAS (index 313/314) – Issued to applicants who have investments in a foreign capital company PT PMA registered in Indonesia. It is issued for 2 years with the right of extension and is a residence permit.

Retirement KITAS (index 319) is a residence permit for people over 55 years of age.

Family KITAS (index 317/318) is a residence permit that can be issued to applicants who are legally married to an Indonesian citizen or foreigner with a Worker/Investor KITAS.

Student KITAS (index 316) – issued upon official enrolment in an educational institution within Indonesia.

Residence permit

On 25 October 2022, the Ministry of Law and Human Rights of the Republic of Indonesia and the Directorate General of Immigration issued Circular Letter No IMI-0740 “On Granting Second Home Visa and Limited Stay Permit”. The Second Home Visa, also known as ITAS, entitles the holder to stay in Indonesia for 5 to 10 years (subject to fulfilment of all conditions) and to engage in investment activities. The holder of this type of visa can act as a sponsor to obtain a residence permit for his family for the same period as his visa validity. The visa also entitles the holder to own property and open bank accounts in Indonesia. This makes life much easier for those who plan to invest in the country’s property or start their own business here.

In order to obtain an ITAS, you need to provide proof of:

● The presence of cash in an Indonesian bank account of at least 2 billion IDR (USD 135,000);

● Ownership of real estate worth at least 5 billion IDR / apartments worth at least 2 billion IDR.

Acquisition of citizenship

Obtaining Indonesian citizenship allows you to buy property and start your own business without intermediaries, enjoy benefits for local residents and receive other benefits that are not intended for foreign residents. When moving to Indonesia for permanent residence, it is worth remembering that it is forbidden to have dual citizenship here. Therefore, those who decide to obtain Indonesian citizenship, will have to give up their country’s passport.

The main ways of obtaining citizenship:

Birth in the country. People born in Indonesia after January 1946 and before August 1958 (regardless of the citizenship of their parents) can automatically become Indonesian citizens. In other cases, even children born in the country need to fulfil one of the following criteria: both parents are citizens of the country; the father must be an Indonesian citizen; provided there is no information about the father, the mother must be a citizen of the country; lack of any information about both parents.

Citizenship by descent. Persons born in Indonesia after 1 August 1958 are only granted citizenship if their parents are Indonesian nationals (except for children whose parental information is missing). Also, a person born outside Indonesia can claim citizenship of this country, provided that his or her father holds an Indonesian passport, or if the mother is an Indonesian citizen and there is no data on the father.

Naturalisation. To obtain Indonesian citizenship through naturalisation, one must renounce his/her former citizenship and meet the following requirements: age over 21, no criminal record, good physical and mental health, sufficient knowledge of the Indonesian language, ability to support oneself and one’s family financially, residence in Indonesia without leave for 5 years or 10 years with the possibility to leave.

Marriage to an Indonesian citizen. A foreigner who is married to an Indonesian citizen can obtain an Indonesian passport. For this purpose, the former citizenship must be renounced beforehand.

The procedure of buying a property in Mexico

Acquisition of real estate in Mexico for foreigners includes the following stages:

●  Search and reserve object. After the choice of the property through the realtor, it is necessary to provide the owner with an offer to purchase without notarization. A deposit of 5-10% of the value of the facility confirms the seriousness of the intention and provides a guarantee of the transaction.

●  Registration of a bank trust (fideicomiso) is required when buying in certain territories: closer to 100 km from the state border and closer to 50 km from the coast. This makes it possible to fully manage their property, although the certificate of ownership is kept in the bank.

●  The signing of the title deed (escritura) by the Mexican notary (notario publico) completes the transaction and guarantees its legality.

●  Payment of the remaining value (90-95%) occurs after the registration of the bank trust.

●  Registration of property is carried out by a notary in the state registration chamber (registro publico) after signing the transfer of ownership.

Main taxes and expenses for the purchase of real estate

The purchase tax is about 2-4% of the transaction value depending on the state in which you buy the property.

Tax on real estate valuation. Perhaps the tax authority will carry out an independent evaluation of the property after its purchase. If the estimated value exceeds 10% of the purchase price, you will need to pay 20% of the tax on the difference between these amounts.

Federal Registry registration fee. The purchaser of the dwelling is obliged to pay a registration fee to update the records in the State register and issue a new certificate of ownership. This rate depends on the value of the transaction and varies from state to state, but usually amounts to about 2-4% of the value of the property.

Public notary services. Usually, notarial fees are from 4% to 7% of the sale price.

Payment for asset management services, fideicomiso, if necessary. If the property is located in a «limited» area (within 50 km/100 km from the coast or border), you will have to pay the bank for the establishment and management of a property trust. The cost of creating a trust is usually about $1,000, and the annual service is from $1,000 to $2,000

Main taxes and expenses on ownership of real estate

Example of calculating taxes and utilities:

Apartment in Cancun, area 100 sq. m

● Annual Real Estate Tax $100-150
● Annual Banking Trust Fee $500
● Home maintenance on average $100-150 per month
● Electricity from $50 per month
● Gas $15-20 per month
● Water supply $10-15 per month
● Telephone, TV, internet $25-30 per month

Total expenses $265 per month ($3,830 per year)

It is worth noting that the annual amount is obtained only with a permanent independent residence in the apartment, or with a permanent lease in the short term. In case the apartment is empty, utility bills will be missing. In long-term leases, tenants pay for utilities.

Real estate tax in Mexico ranges from 0.1% to 0.2% of the estimated value of the property, in addition, it is necessary to pay a municipal tax of about 1% of the annual rent or property value.

Mexico’s visa legislation

Electronic Permit – Issued for single entry into Mexico for up to 180 days.

Electronic permission will not be required for citizens who have one of the following documents:
– multiple entry Schengen visa;
– multiple entry valid visa of Canada, USA, Japan, UK;
– document confirming permanent residence in one of the Schengen countries or in Canada, USA, Japan, UK, Chile, Colombia, Peru.

 

●  Tourist visa – for multiple entry for 180 days or 10 years.

●  Student visa – issued for the entire period of study.

● Work visa – Issued by invitation to work.

Residence permit

An immigrant who plans to stay in Mexico for more than 180 days must obtain a residence permit. Application and documents for residence permit must be submitted through the electronic system MiConsulado within 30 days from the date of entry into Mexico. On the stated day, the applicant comes to the National Institute of Migration for an interview and pays the consular fee – 51 USD. The competent authority considers the request within ten days. The residence permit is valid from one to four years. The permit may be extended if the previously approved grounds for granting a residence permit continue to apply. Once the residence requirement has been met, the applicant may apply for citizenship. The duration of naturalization in Mexico varies from one to five years, depending on the reason for immigration.

Acquisition of citizenship

Mexican legislation provided for the acquisition of nationality for both Mexicans and foreigners who had legalized their stay and been fully integrated into society.

Main ways of obtaining citizenship:

●  By birth. Mexican citizenship is automatically granted to the natives of the country, regardless of the status of parents. Children born on board Mexican military or commercial vessels/aircraft also become citizens. Children born abroad inherit the nationality of the father and/or mother of Mexican origin.

●  For Naturalization. Foreigners could obtain Mexican nationality if they had been legally resident in the country for the past five years and could provide proof of the grounds for naturalization, such as work, business, marriage, financial independence or family reunification. The reduced period of residence of up to two years was reserved for certain categories of persons, such as direct descendants of Mexicans, immigrants from certain regions and persons who had contributed significantly to the country’s development.

Under the law, a foreigner could not acquire Mexican nationality through investment or ownership of real estate, as was the case in some other countries. Citizenship could not be acquired by circumventing the naturalization procedure.

Title deeds to real estate

Today there is a document that confirms the ownership of land in Northern Cyprus called the Title Deed. Its purpose is to regulate the documentation, real estate and status of land plots. All titles are guaranteed by the TRNC state and provide security for property transactions for foreigners and residents.

Guaranteeing the safety of a real estate deal

Real estate deals in Northern Cyprus are governed by the current legislation of the TRNC. Foreign nationals can purchase real estate and obtain title to land.

A developer buys a plot of land for the construction of a complex, for which the State Land Department issues a title deed – a document certifying the fact that the land belongs to the developer. After construction is completed, the state commission accepts the property and issues the developer a permit to divide the common title into separate titles for the purchasers. When the common title is divided, the buyer can take possession of his property after paying for the property in full. When a property is purchased, a deed is attached to the contract showing that the land is owned by the developer. Any buyer can order a title examination from an independent lawyer. Immediately after making the first instalment (from 30%), the contract of sale is registered with the Land Department within 21 days. After this procedure, the developer has no right to transfer the owner’s property to third parties. The Land Department protects the buyer’s rights at the state level.

Main taxes and expenses for the purchase of real estate

12% – Property Transfer Tax. The first 6% is paid at the registration, the second 6% is paid at the end of the entire project (the title is not necessary to register in your name, if you buy a property for resale, you can save on tax)

0.5% – Stamp duty. It is important to pay this fee within 21 days from the date of signing the contract.

5% – Value Added Tax. This tax must be paid within 3 months before receiving the keys.

0.03 0.45% – Notarial fee. 

£1,500 – £2,000 – Attorney-at-law services to accompany the transaction. Fees paid to lawyers for legal assistance and preparation of documents.

£1,500 – £3,500 – Transformation fee. The amount varies depending on the purchased facility, includes the cost of connection of communications, including electricity and water, connection to a telephone line.

£750 – £1,500 – Belediye Municipal Fee in Ischele District.

2.8% natural persons, 4% legal entities – Resale capital gains tax. The amount is calculated from the difference between the purchase price and the sale price of the facility.

Main taxes and expenses on ownership of real estate

●  50-200£/month – Utilities. The amount depends on the area of the facility, the availability of warm floors, etc.

●  30-150£/month – Maintenance fee for the common area. The amount depends on the infrastructure of the complex and the cost of services management company.

●  50-150£/y – Municipal tax. The amount depends on the municipality, type and area of the facility.

●  3TL (0.1€) per m² – Property tax. Taking into account the total area of the facility without outdoor terraces.

●  8% – at TL, 13% – at £/ $ / € – Tax on rental income. And surcharge (credit) tax based on the rate in the country of tax residence.

10-37% – Withholding Tax (income). Only tax residents pay. 10% for the first 30,000 TLs; 20% for the next 30,000 TLs; 25% for the next 76,000 TLs; 30% for the next 100,000 TLs; 37% for 236 500 TLs.

Residence permit

The stay and departure of foreigners and the conditions for granting residence permits in the TRNC are regulated by Article 20 and Chapter 105 of the Immigration and Aliens Act. The law entered into force on 23 October 2019.

The grounds for obtaining a residence permit can be: ownership of real estate, family reunification, higher education, research, graduation from a university in the TRNC. Residence permit for the whole family, including children under 18 years of age, can be obtained when buying property for any amount and stage of readiness. North Cyprus residence permit allows you to: receive free education in public schools in Turkish, work officially in the case of providing an employer with a work visa, run a business, receive free medical care in emergency cases, stay in the country for 1 year with the possibility of extension.

For registration of residence permit the following documents are required: certificate of no criminal record from your country, bank statement (the allowable amount for an adult on rent – 17 000$, on availability of housing – 10 000$, for children – 7 000$ (from your country or TRNC bank), a certificate from the mukhtar (head of the district TRNC at the place of residence), medical tests, photo 3*4 – 2pcs, passport, receipts for payment of residence permit to the state (about 1 400 liras (75$). The processing time is 21 – 90 days.

Acquisition of citizenship

There are several ways for foreigners to obtain TRNC citizenship:

● Become a citizen of Northern Cyprus by using their parents’ citizenship

● Marry a Turkish Cypriot resident (and stay married for at least 3 years)

● Use a work permit and work in the country for at least 7 years

● Live in the country for 10 years

● Invest in the economy of Northern Cyprus or start a business with a capital of 1,000,000 EUR or more.

It is important that the applicant resides permanently in North Cyprus and does not leave the country for more than 40 days! Citizenship requires payment of a fee, passing a medical examination and information on criminal record. Those found to have tuberculosis, HIV or hepatitis will be denied citizenship. Children born to Cypriots automatically become citizens of Northern Cyprus.

Forms of real estate ownership

There are two main forms of property ownership in Thailand, which are common in global practice:

Freehold is an unconditional form of ownership. Property purchased in the freehold zone becomes the full property of the buyer. Such housing can be used as a passive source of income, transferred by inheritance or gift. In this case, the buyer’s ownership is confirmed by an official document – chanote. Freehold can be issued to a legal entity (a company registered in Thailand in which you are a founder) or to an individual.

Leasehold is a form of long-term lease with a double renewal option. The contract is for 30 years and can be extended up to 90 years. Despite the fact that the actual ownership of real estate is limited by time limits, such an object can be donated, inherited or sold. The contract is registered and certified by the Thailand Land Department.

Specifics of buying property in Thailand

Under Thailand laws, a foreign buyer has the right to purchase and take full ownership of a property, but cannot become a full owner of the land.

However, there are ways to circumvent these laws.

● A foreign citizen can obtain ownership of land if the buyer is his own company (legal entity).

● A foreigner can sign a long-term land lease agreement for 30 years. The term can be extended only twice for a similar period of time (up to 90 years). Such transactions must be conducted through the Land Department of Thailand.

Property quotas in Thailand

Non-residents of Thailand have access to flats in condominiums whose common area is jointly owned by the flat owners. In each condominium, the apartments are divided into a foreign and Thai quota. This means that foreigners can only purchase 49% of the flats. The other 51% are owned only by Kingdom citizens or Thai companies. If a foreigner does not manage to buy a property from the quota of 49%, then the flat from the remaining 51% of the condominium living space, the foreigner can Leasehold.

According to Thailand’s law, a foreigner can only purchase property in his own name from the foreign quota of the condominium. In this case, the money for the purchase must come from abroad. The foreign quota gives a private foreign person the right to own and manage the condo. A Thai quota gives the same rights to a Thai company, which is fully controlled and managed by the foreigner alone. Sometimes buying a Thai quota flat is the only option, as in some projects the foreign quota is quickly sold out.

Main taxes and expenses for the purchase of real estate

2% freehold / 1% leasehold – Property transfer tax. Depends on the value recorded in the agreement or on the cadastral value (the fee is calculated on the basis of a higher amount).

0.5% freehold / 0.1% leasehold – Stamp duty. The calculation is based on the amount estimated or recorded in the agreement (based on a higher amount).

$300 – $900 – Attorneys to accompany the transaction. Fees paid to attorneys for legal assistance and preparation of documents.

3.3% – Business tax. The tax is calculated on the value fixed in the agreement or on the basis of the cadastral value of the object (based on the amount that was higher).

1% legal entities, from 0 to 35% persons, freehold – Resale capital gains tax. The tax is calculated on the value fixed in the agreement or on the basis of the cadastral value of the object (based on the amount that was higher).

 

Main taxes and expenses on ownership of real estate

$30-$72 month – Utilities. The most «voracious» consumer of electricity is air conditioning. Be aware that the final score will be 80% dependent on its use.

฿ 25 ($0.7) – ฿ 100 ($2.8) m²/month – The total fee depends on the location, size and facilities of the complex. The owner pays this amount for a year or several years in advance.

$2 for 16 acres per year – Land tax. It’s paid once every few years – only when something more substantial is accumulated than a few dollars. There are no taxes on buildings, apartments, houses for foreign citizens.

15% – Rental income tax. Non-residents can reduce costs if they wish. To do this, you should contact the tax department with an application for obtaining an TIN (Tax ID). The agency may authorize its extradition even if the applicant is a non-resident of the State. Thus, the effective tax rate could be reduced to about 5 per cent.

0-35% natural persons, 1% legal entities – Withholding Tax (income). Up to 150 thousand. – Not taxed; 150 to 300 thousand. – 5%. – 300 to 500 thousand. – 10%; 500 to 750 thousand. – 15%; 750 thousand. to 1 million. – 20%; 1 to 2 million. – 25%; 2 to 4 million. – 30%; Over 4 million. – 35%.

Leasing a property for rent

There are 2 taxes when renting out a property:

● Income tax, which depends on the amount of profit and varies from 5% to 30%

● VAT of 7% (payable on annual turnover over 1,800,000 baht or about $55,000).

Types of visas in Thailand

Visa-free entry to Thailand is available to citizens from 64 countries under bilateral agreements. The period of visa-free stay in Thailand is 30 days.

Currently, there are the following types of visas to Thailand:

Tourist visa. It can be a single-entry visa for 3 months and a double-entry visa for 6 months. It is issued by an immigration officer at the airport or any land/sea crossing point.

Student visa. This is issued for one year to those who wish to study at one of the country’s educational institutions, for example, a language school. It must be renewed every 3 months at the immigration office.

Work visa (business visa). It is open for one year for those who officially work in the country or plan to organise their own business here. If there is an invitation from a local company, the document is usually paid for by the employer.

Pension visa. It can be issued for people over 50 years old, also for a year, but only for those who have an account in one of the banks of Thailand for at least 800 thousand baht. It must be renewed every 3 months.

Family (marriage) visa. To obtain this visa, you must be legally married to a resident of the country and have a valid marriage certificate. The marriage can be registered both inside and outside Thailand.

Smart visa. A new type of visa to attract highly skilled labour, investors and executives. It requires working or having investments in certain target industries in Thailand. Holders of this type of visa can reside in the country for 4 years and have additional privileges.

Residence permit

There are several ways to obtain a residence permit in Thailand:

● Invest at least $200,000 in the country’s economy (by starting a business)

● Opening a representative office or subsidiary company

● Marriage to a Thai resident

● Be of retirement age, provided that you speak Thai, have a high income and have a property to live in.

● Make a significant contribution to the development of the kingdom (civil servants, athletes, experts in various fields, scientists).

● Live in the country for three consecutive years on a long-term visa (student, work, business or retirement visa). Of these three years of residence, you must pay two years of taxes on your annual income. According to the law, the minimum amount of this income must be 100 thousand Thai baht.

Acquisition of citizenship

Thai citizenship can be obtained by foreign nationals in several ways:

By birthright if the parents are married and the mother or father has Thai citizenship; the mother is a citizen of the country, is not married to the child’s father, and the father is unknown or stateless. However, being born in Thailand does not entitle you to Thai citizenship!

By naturalisation if you are 18 years of age; have no problems with the police and no criminal record; have lived in Thailand for at least 5 years; work or run a business in Thailand; know the Thai language; can sing the national anthem; have 50 points out of a possible 100 points in the scoring system (the system for assessing applicants for Thai citizenship). The maximum points are given to applicants with a university degree, aged 40 to 50 years old, with an income of $2,500 per month or more, and who speak Thai at a conversational level. It is important to note that if you obtain Thai citizenship by naturalisation, you will have to renounce the citizenship of another country!

Forms of ownership of land and real estate

Foreign nationals cannot own land in Vietnam. Land in Vietnam is collectively owned by all Vietnamese, but managed and distributed by the state.

Since July 1, 2015, foreign individuals and legal entities can acquire Vietnamese real estate. But we must not forget that Vietnam is a socialist republic. There is no perpetual property right for foreigners.

A citizen of another state can buy any property in Vietnam under the long-term lease Leasehold for a maximum of 50 years with the possibility of subsequent extension for another 50 years.

A foreign owner may resell his property, bequeath, mortgage or sublet. Previously, it was necessary to live in Vietnam for at least a year.

When marrying a local resident/resident, a foreigner becomes equal to a Vietnamese citizen in the right to acquire property and from that moment on can buy real estate in the form of Freehold.

It is worth remembering the limitations on the number of objects purchased. Thus, a foreigner may not buy more than 250 detached villas in one administrative district or more than 30 per cent of residential units in an apartment building.

Main taxes and expenses for the purchase of real estate

0.5% – Property Transfer Tax. The buyer pays when buying real estate or land in Freehold.

10% – VAT. Paid only when buying on the primary market. As a rule, the price already includes VAT.

max $150 – Notarial fee. Notarization and certification of deeds.

2% – natural persons, 20% – legal entities – Capital gains tax on resale. The tax rate is fixed.

●  2% – Service fee for the common area. Reserve contribution for major repairs.

Main taxes and expenses on ownership of real estate

●  $40-$150 month – Utilities. Electricity, heating, cooling, water, garbage.

0.03% – 0.15% – Non-agricultural land use tax. Calculated depending on the area of the plot and the price per square meter. The foreigner can not own land. There is no real estate and property tax.

●  10%  – Rental income tax.

20% – Withholding Tax (income). Calculated from wages for non-residents of Vietnam. For residents, the progressive rate of NDFL from 5% to 35%: up to 9 million VND per month – 0% from 9 million. VND to 10 million. VND per month – 10% from 10 million. VND to 18 million. VND per month – 15% from 18 million. VND to 32 million. VND per month – 20% from 32 million. VND to 52 million. VND per month – 25% from 52 million. VND to 80 million. VND per month – 30% more than 84 million. VND per month – 35%.

Main features of the transaction with the property

Title registration

As a rule, the buyer independently receives the certificate of ownership, unless the parties have agreed otherwise. The process takes approximately 4 to 12 months. The certificate of ownership of the property is the certificate of the right to use the apartment/house/land, which is also called a pink book because of the color of the cover (in Vietnamese sː hăng).

Title upgrade

For a foreign owner of residential real estate in Viet Nam, the procedure for extending the term of ownership of real estate is as follows.

● Three months before the expiry of the term of ownership, if the owner wishes to extend the term, he must submit an application for an extension, indicating the period of extension. The application must be accompanied by a notarized copy of the property certificate. These documents must be submitted to the People’s Committee of the province in which the house is located.

● The People’s Committee of the Province shall review the application and issue a written authorization for one extension of the term of ownership at the request of the owner within 30 days of receiving the application. Such extension shall not exceed 50 years from the date of expiry of the term of possession specified in the certificate.

● According to the written permission of the Provincial People’s Committee, the authority issuing the certificate issues the certificate renewal and sends a copy of the certificate to the Provincial Building Department for statistics.

Types of visas in Vietnam

Since August 2023, the country has a new visa policy, allowing residents of 13 states that enjoy a unilateral visa-free regime, to stay here from 15 to 45 days, regardless of the purpose of entry. The list includes Germany, France, Italy, Spain, the United Kingdom, Russia, the Republic of Belarus, Japan, the Republic of Korea, as well as Denmark, Sweden, Norway and Finland.

General rules:
Visas may be issued on arrival, at the consulate or electronically.
Long-term stay requires a visa.
A residence permit is not required for the purchase of real estate, but is required for permanent residence.

Types of visas:
Visas can be temporary (1, 3, 6, 12 months) for multiple or single visits.
There are electronic, student and work visas.

Electronic visa (eVisa):
Simple procedure on the official portal
For tourism, business, work, visiting conferences
Duration: 30-90 days

Work visa:
Confirmation from the employer and relevant documents are required.
The permit is issued for 1-3 years.

Student visa:
An application to the International Student Service Centre (ISSC) is required.
The permit is issued after the approval of the educational institution.

Residence permit

A residence permit (TRC) in Vietnam is a residence permit issued to foreign nationals. Its validity period depends on the selected option and payment, can be up to 10 years and extended indefinitely.

The acquisition of real estate does not give advantages for obtaining a residence permit, but real estate owners are free to enter and leave the country without a visa.

To obtain a residence permit in Vietnam, one of the following requirements must be fulfilled:

●  Opening a company with a local founder.
●  Obtaining formal employment.
●  Marriage to a citizen/citizen.
●  There is no pension residence permit as a separate direction in the Republic

Advantages of a residence permit:

●  Does not require permanent extension.
●  Simplifies entry and exit procedures.
●  Allows you to open a bank account.

Acquisition of citizenship

Citizenship in Vietnam is possible by naturalization or marriage to a citizen.

Naturalization – 5 years of legal residence, knowledge of the language, usefulness to society.

Dual citizenship is prohibited in Vietnam, and renunciation of existing citizenship is required.