IBC泰國法律金融會計事務所International Business Consultancy

Land Lease in Thailand Part II

泰國土地租賃

In our previous article, we have introduced land lease in Thailand, which includes lease terms, registration office (Thai Land Department), and written agreement. Today, we would introduce property lease registration fee and other regulations which some of them is related to cost we haven’t mentioned before.

我們在之前的文章” Land Lease in Thailand 泰國土地租賃”有針對土地租賃進行簡單的介紹；這一次專門介紹租賃登記費並針對其他規定進行補充說明，部分條文與租賃費用有關。

Following are a few clauses under Thai Civil and Commercial Code for your better understanding:

以下為《泰國民商法》的規定：

1. Hire of immovable property is not enforceable by action unless there be some written evidence signed by the party liable.[1]

沒有書面規定是無 法執行不動產的租賃。

2. Costs of contract of hire are borne by both parties equally.

撰擬租賃 合約的費用由雙方平分。.[2]

3. If no time for payment of rent is fixed by the contract or by custom, the rent must be paid at the end of each period for which it is stipulated, that is to say: if a property is hired at so much per year, the rent is payable at the end of each year, if a property is hired at so much per month, the rent is payable at the end of each month.[3] 

如合約或慣例並 未載明支付租金的時間，支付點必須在規定的期間結束之時，即：如果期間以年計算，應在每年年底支付；如果期間以月計算，應在每月底支付。

4. In case of non-payment of rent, the letter may terminate the contract. But, if the rent is payable at monthly or longer intervals, the letter must first notify the hirer that payment is required within a period not less than fifteen days.[4]

如租客未付租金，房東可解除合約。但如果租金是按月或更長時間支付，房東必須先通知租客在不少於15天的時間內付款。

5. If no period is agreed upon or presumed, either party may terminate the contract of hire at the end of each period for the payment of rent, provided that notice of at least one rent period is given, but no more than two months notice need be given.[5]

如果未商量或推定一個期間，任一方可在每個期間結束時終止租賃合約並支 付最後一期租金，但應提前一個期間、但不晚於兩個月提前告知。

6. A contract of hire of immovable property is not extinguished by the transfer of ownership of the property hired.[6]

   不動產租賃合約不因出租財產所有權轉移而無效。

Regarding the cost, the lease registration fee of a property is 1% of the total amount during lease term. In addition, stamp duty is also collected at a rate of 0.1% of the total rental during the lease term for a total of 1.1%. Such fee is paid to a land office when applying registration.[7]

費用部分，租賃登記費為租賃期內總額的1%。此外，租賃期內印花稅也按租金總額的0.1%收費，這兩項總計為1.1%。這些費用在進行租賃登記時支付給泰國土地局。