You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 3, 2015

Effects of a Land and Buildings Tax on Condo Owners

Bangkok Post, Corporate Counsellor Column

As has been widely reported, the Finance Ministry has proposed a new property tax on land and building owners. However, Prime Minister Prayut Chan-o-cha has decided to delay the new tax, citing concerns about weak economic growth and the bill’s impact on the poor.

Despite the prime minister’s latest decision, property owners should be aware of the proposed tax bill’s provisions so they can prepare for the eventuality that the bill is passed. This article will discuss the proposed bill’s impact on a particular segment of property holders: owners of condominium units.

The proposed law represents a stark departure from the current law’s stance on property taxes. At present, property tax is governed by the Local Maintenance Tax Act of 1965, under which the government collects a local maintenance tax from real estate owners. If an owner uses his or her property as a personal residence, then the local maintenance tax can be partially reduced or even eliminated, depending on the location and size of the property.

For example, if a person owns land in an area that is densely populated such as central Bangkok, he or she will only be obligated to pay local maintenance tax on that land if the area was more than 100 square wah. This tax is not enforced for condominium units that are used by their owners as personal residences.

Under the proposed new law, however, the government is seeking to increase the tax base to generate additional streams of revenue. Therefore, the proposed law provides for additional factors and considerations such as the value or area of a condominium unit to determine tax eligibility.

The value would be based on an assessment price set by the Treasury Department. According to information currently available but still under review by the Finance Ministry, if the area of a condominium unit exceeded 50 square metres or its value was higher than 1 million baht, the owner would be required to pay the new tax. With such criteria, a large percentage of condominium units in Bangkok would be subject to tax.

In addition, according to currently available information, if an owner of a condominium unit used his or her unit as a place of residence, the applicable tax rate would not exceed 0.1% of the unit’s assessed value.

If the same unit owner had a second condominium unit in Thailand with an area of more than 50 square metres or a value that exceeded 1 million baht, the applicable tax rate on such an additional unit would not be higher than 0.5% of its assessed value.

If the law takes effect, the proposed land and building taxes would apply to all condominium owners. Taxpayers would be required to pay the new tax by the end of April each year.

However, one potential consequence of such a law would be a reduction in the number of condominium unit resales.

The Lands Department, upon notification by the relevant government entities, might attach “encumbrances” to a condominium unit if an owner did not pay the tax.

As the official transfer of a condominium unit must be registered at a local Lands Department office, the outstanding tax liability attached to the unit would hold up the transfer until the tax was paid.

Condominium owners would, however, be able to challenge the tax assessments levied against them. Owners could do this by petitioning a local administrative executive to review the assessment. If the owner disagreed with the local administrative executive’s decision, an additional appeal could be made to an appeal committee.

Importantly, owners would still be responsible for paying the applicable taxes during the petition and appeal process. The only exception would be if the local administrative executive allowed the taxpayer not to pay the tax pending the appeal. If the taxpayer did not agree with the appeal committee’s decision, he or she could file a claim against the relevant government entity.

Whether the tax bill will be passed is uncertain. What is certain, however, is that current and prospective condominium owners should take note of how they may be affected if the law eventually comes into force.

RELATED INSIGHTS​ 

July 7, 2025
On June 20, 2025, Cambodia’s Ministry of Economy and Finance issued Instruction No. 19116 to clarify when board members and company directors must receive salaries and pay payroll taxes. Board members and company directors who are not considered employees are subject to a withholding tax. This category consists of people who complete services for a nonresident individual and people who perform independent work for a company in Cambodia. Board members and company directors who are considered employees, including those appointed by a foreign head office to temporarily manage a company in Cambodia, must pay payroll taxes on any salary they receive, regardless of whether they are paid by a local or foreign branch of the company. The above obligations apply regardless of whether the person has a work permit. Board members and company directors are exempt from paying payroll tax if they: Are not present and not performing a regular management role at the company despite being registered on the company’s statutes or patent tax card; Participate only in board meetings and occasional shareholder meetings; and Do not receive a salary from a company in Cambodia. Overall, this instruction provides an important clarification regarding the tax obligations of board members and company directors. Companies should pay attention to the classification of their board members and directors and be mindful of the exemption.   This article was written with the assistance of Tilleke & Gibbins interns Amelia Gemma Erickson and Amrin Keat.
July 2, 2025
On June 17, 2025, Cambodia’s Ministry of Economy and Finance issued Instruction No. 18574 on Tax Obligations for Share Premiums to clarify that enterprises are not required to pay any income tax on share premiums that meet the conditions set out in the instruction. As outlined in the relevant provisions of the Law on Taxation (Royal Kram No. NS/RKM/0523/004) and Prakas No. 578 MEF.PrK.GDT on Tax on Income, taxable income is the difference between an asset’s value at the beginning and end of a period. This calculation deducts capital contributions, which are not taxable. A share premium is the amount of money that a company receives in excess of the par value of a share when the company issues new shares to a shareholder through a share subscription. In other words, share premiums are capital contributions made by shareholders into the equity of the company and, as a result, are not taxable. However, the government may nevertheless view share premiums as taxable if the company fails to meet certain legal conditions. Cambodian law requires share subscriptions to be properly recorded in the company’s accounting books and supported by documentary evidence. The recent instruction states that if an enterprise does not have proper documentation, any increase in equity, such as a capital increase through share premiums, will be treated as taxable income in accordance with the law. The instruction provides the following example: Enterprise A issues 200,000 new shares to an investor. The shares were registered with a par value of KHR 4,000 per share and were sold for a sale price of KHR 10,000 per share. The share premium of KHR 1.2 billion, which is calculated by subtracting the total par value (KHR 800 million) from the total value of the new capital (KHR 2 billion), is a capital
June 11, 2025
Thailand’s tax dispute resolution framework has undergone a significant transformation with the enactment of the Act Establishing the Tax Court and the Procedure for Tax Cases (No. 3) B.E. 2568. Published in the Government Gazette on May 27, 2025, the amended act will come into force on November 24, 2025, which is 180 days after its publication. The amended act marks a pivotal shift in the jurisdiction and procedures of the Tax Court, most notably by empowering it to adjudicate certain criminal tax cases for the first time. Background and Rationale The Tax Court was originally established in 1985 as a specialized forum to handle complex tax disputes, including those related to revenue, customs, and excise taxes. The creation of the Tax Court recognized the need for judicial expertise in tax law, given its technical and specialized nature. The latest amendment is designed to address procedural inefficiencies, modernize court processes, and align Thailand’s tax litigation system with international standards. The reform demonstrates Thailand’s commitment to enhancing the efficiency, transparency, and fairness of its tax dispute resolution mechanisms. Key Amendments and Provisions Six of the key changes in the amendment are highlighted below. Expansion of jurisdiction to criminal tax cases. The most significant change is the extension of the Tax Court’s jurisdiction to include criminal offenses under the Revenue Code, customs law, excise tax law, and other tax-related laws that may be specified by royal decree. New sections in the act explicitly grant the Tax Court authority to hear and decide criminal tax cases, so individuals and entities accused of criminal tax evasion or other tax-related crimes will now have their cases heard by judges with specialized tax expertise. The law also clarifies the Tax Court’s jurisdiction when a single act constitutes multiple offenses (some tax-related, some not) or when
June 3, 2025
On March 12, 2025, Cambodia’s Ministry of Economy and Finance issued Prakas No. 192 on Tax Rules and Procedures for Trust to determine the tax rules and procedures for trust operations. With the exception of trusts whose legal form is a company or enterprise, all trustors, trustees, and beneficiaries engaged in trust operations in Cambodia are subject to this new regulation. Taxpayer Registration A trustee company must register as a medium or large taxpayer. An independent individual trustee must register as a small, medium, or large taxpayer depending on the amount of turnover or the value of the fixed assets of the business, as stipulated in the Prakas on the Clarification of Taxpayers under the Self-Assessment Regime. Independent individual trustees must register as taxpayers within 15 working days from the commencement of economic activity or from the receipt of a license or authorization from the Trust Regulator. Accounting Records Accounting records should follow the rules stipulated in Article 6 of the Law on Taxation., which requires small taxpayers to use simplified accounting, while medium and large taxpayers must adhere to the Cambodian International Financial Reporting Standards (CIFRS).The trustee must maintain separate accounting records between its own operations and the trust. If the trustee manages more than one trust, the trustee must prepare separate records for each trust. For all the records, the trustee must clearly identify the ownership of all assets, liabilities, expenses, and other transactions. Taxation of Trustee’s Income Trust property or funds that are transferred to a trustee for management are not considered income or property of the trustee. However, any allowances or commissions that the trustee receives from managing the trust are taxed as income. The trustee must follow the general rules on expenses outlined under Cambodian tax law to record all income and expenses related