Foreign heirs inheriting Thai property — restrictions and deadlines

Condominium units can be foreign-owned under the Condominium Act where the buyer meets section 19 and the building's foreign-ownership ratio is still within 49% of total unit floor area. Where a foreign heir does not qualify, or the ratio is already full, the law requires the inherited unit to be disposed of within one year from acquisition of ownership.

Land is different. The Land Code prohibits foreigners from acquiring land except where a treaty or statute allows it. Where a foreigner acquires land by inheritance as a statutory heir, the land must be disposed of within the prescribed period; failing that, the Director-General of the Department of Lands has power to dispose of it. Plan from the moment you learn land forms part of the estate.

Thai law treats buildings as capable of separate ownership from land, so a foreign heir may take the house even where the land is restricted. Common routes are inheriting the structure alongside a registered lease of the land, or selling the whole property and dividing proceeds. Which fits depends on the title documents, so review them before deciding.

Before an inherited unit is transferred, the juristic person of the condominium must issue a debt-free certificate and a current foreign-quota certificate. The Land Office relies on both. Outstanding common-area fees must be cleared before the debt-free certificate is issued, so check arrears at the start.

On tax, the Inheritance Tax Act B.E. 2558 (2015) charges the recipient only on the value exceeding one hundred million baht per deceased person, at rates that differ for ascendants and descendants compared with other recipients. Land Office registration fees are separate from that tax and the applicable rates vary with current announcements, so verify with the Revenue Department and the local Land Office before planning.