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ResourcesCorporate and Tax AdvisoryThailand Corporate LawDo I Need a Work Permit to Rent Out My Thai Condo?

Do I Need a Work Permit to Rent Out My Thai Condo?

Transcript of the above video:

As the title of this video suggests, we are discussing Thai condos. Specifically we are discussing renting them out and whether or not one needs a Work Permit to do that.

So let's go ahead and get into background here. Foreign Nationals can own a condo in Thailand "freehold". They can own it outright. This is a benefit notwithstanding the restrictions on Thai real estate ownership for foreign nationals which basically foreigners are entirely prohibited legally from owning land, real estate, property here in Thailand. The Thai Condominium Act makes an exception to this provided one meets all of the formalities and requirements under the Act in order to confer freehold title. So starting off, yeah it is possible for a foreigner to own a condo. Is it possible for them to rent it out without need of a Work Permit? I had this question the other day. Yeah, probably. This gets into kind of a gray area insofar as, we have discussed this on this channel in the past, basically exerting any energy in Thailand for remuneration or not, can be construed as work and therefore requiring a Work Permit in Thailand. Simply gaining rent off of a piece of property, I am not so sure that that could be construed as work. Now if one has to pick up that property or maintain it and they actively engage in that, you are looking at a situation where you get remuneration and you are actually expending energy, I think it could be construed, perhaps reasonable people can disagree, but it could be construed as being a Work Permit violation or not having a Work Permit could be construed as a violation of Thai Labour Law. 

Now that stated, again reasonable people can disagree, but especially with the remuneration aspect, you are actively engaged in maintenance of the property and things for your tenant, you might get into some problems with respect to Work Permit issues there. Long story short, yes it is possible for a foreigner to own a condo and certainly there are many who rent them out and just the act of renting, I don't think requires a Work Permit here in Thailand.