Guardians and guardianship in Thailand

The guardian is the person (usually a non-parent) who has been appointed by a judge/ Court to take care of a minor child (called a ward) and manage that child's affairs. Custody is when a biological parent of a minor has been given the power to make decisions regarding the minor’s welfare. This is governed by the section 'parent and child' of the civil code.

Read more: Guardianship and minors (child) in Thailand

Lease of immovable property under Thai contract law

Laws governing lease in Thailand is placed under (specific) contracts in the Civil and Commercial Code. Therefore lease is not a real property right, meaning in essence attached to the property itself, but a contract and in the first place a right of the lessee (tenant) and attached to the lessee. This for example means that a lease is by law automatically terminated upon death of the lessee. A leasehold in Thailand is therefore not a fixed asset (property), nor a mortgage-able asset, nor a trade-able asset, but in a personal contract right of the lessee(s).

Read more: Thai legal knowledge | lease, rent and hire of property laws

Thailand land office 'Letter of Confirmation'

A Thai national married to a foreigner may acquire land after a joint written statement with the foreign spouse confirming the source of the funds. Below the text of the land office letter of confirmation for this purpose. With this letter the couple certifies for the land office that the acquired land will not become jointly owned matrimonial asset between the spouses (i.e. creating foreign ownership in land), but a personal (non-marital) asset of the Thai national.

Letter of Confirmation

At:.....................................

Date:............. Month ............................ Year..............

I, Mr./ Mrs..................................... and Mr./ Mrs............................... are registered/ unregistered both spouses. We together confirm that the money which Mr./ Mrs.............. ................................ shall expend on the purchase of land title deed/ N.S.3 K/ N.S 3 no..................... ... ............... Sub-district...... .... ...............District.................................................... Province.................................. or Condominium Unit no......... Floor.................... Name of the Condominium................................. Sub-district.......................................... District........................................ ... Province...................................... ............... is wholly Suan Tua or the personal property of Mr./ Mrs............................................ alone, not Sin Som Ros or the matrimonial property between husband and wife.

(Signature)................................ Certified spouse

(Signature)................................ Certified spouse

(Signature)................................ Witness

(Signature)................................ Witness

This agreement is made in the presence of ............................ Competent Official

Read more land office procedure

Right of Usufruct (Use and Fruits)

Usufruct grants the legal right to use and control another man's real estate property. The contract or memorandum of usufruct (สัญญาให้สิทธิเก็บกิน) is the legal document that states and confirms the formal agreement between the owner and the usufructuary (the person granted the right of usufruct). Usufruct transfers possession, use and enjoyment of an immovable property from the owner to the usufructuary. Usufruct can only be registered over titled immovable property and is established by agreement with the owner and registration at the local land office.

FACTS ABOUT USUFRUCT IN THAILAND

Read more: Usufruct legal opinion on right of usufruct

Accounting and Corporate Income Tax

The basic accounting principles practiced in the Europe and the United States are accepted in Thailand. The Institute of Certified Accountants and Auditors of Thailand is the authoritative group promoting the application of generally accepted accounting principles. Auditing standards conforming to international auditing standards are, to the greater extent, recognized and practiced by authorized auditors in Thailand. Any accounting method which is adopted by a company must be used consistently and may be changed only with approval of the Revenue Department.

Read more: Company law | company accounting and tax

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