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ResourcesThailand Real Estate & Property LawTitleDoes Thailand Have an Inheritance Tax?

Does Thailand Have an Inheritance Tax?

Transcript of the above video:

As the title of this video suggests, we are discussing whether or not Thailand in fact has an inheritance tax. For those who are unaware there are oftentimes taxes associated with a decedent's estate. In an American context in the Common Law context, we would discuss this again decedent's estates but we would call this an estate tax. In recent years especially in the United States this has been sort of colloquially referred to as a "death tax" and people have asked me "well does Thailand have one?" 

In point of fact yes, Thailand does have an inheritance tax and it is covered under the Inheritance Tax Act. Regarding those who are liable to possibly pay inheritance tax, so a natural person of Thai nationality even non Thais who are deemed to be domiciled in Thailand per not only Immigration Law but there are also various ways of determining that, non Thai Nationality but on inheritance of an asset in Thailand so what we would call in the law of the situs in the decedent's estates back in the US when we would discuss this in the context of for example Thai Wills, where oftentimes you could get what is called in rem jurisdiction over a piece of property for example real estate even though the person inheriting it, inherited it outside of that state, you may still be liable for tax on that real estate in that state because the property that you are inheriting is physically located in that state.

It is probably not going to pertain too much to foreign nationals here in Thailand with respect to that because there is not going to be a lot of actual real property but condos do pass over rather frequently, foreigner to foreigner in a decedent's estate context so I guess you could see it in real estate context here. Juristic persons that are registered in Thailand, you are going to have to look at the factual situation regarding a Juristic Person i.e. a Company, incorporated entity if you will, so again yeah there is an Inheritance Tax in Thailand. Depending on the circumstances of your given case you may or may not be liable for it but it is possible for a non Thai national including foreign nationals in Non-immigrant Visa status to be considered liable for inheritance tax here in the Kingdom of Thailand.