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

September 1, 2020

Thailand Issues Additional Payment Extensions and Assurances Regarding 2020 Land and Building Tax

Several Thai government agencies have acted in concert to provide many taxpayers with an additional extension to the deadline for paying the 2020 land and building tax (LBT), and to clarify procedural matters for collecting the new tax, which is being instituted for the first time in 2020.

On August 27, 2020, the director of the Fiscal Policy Office and spokesperson of the Ministry of Finance issued an explanatory announcement about the collection of the LBT for 2020, reassuring owners of land or buildings over concerns that they would be charged a fine (of up to 40% of the outstanding tax payment) or surcharge (equal to 1% of the outstanding payment per month) for not paying LBT by the deadline at the end of August 2020. Specifically, the announcement confirmed that owners would not be charged if they either had not received the LBT assessment form, or if the property subject to LBT is covered by an extension or postponement of the tax payment deadline announced by the Bangkok Metropolitan Administration (BMA) or, for properties outside Bangkok, the relevant municipality or local administrative office.

Supporting that announcement, the BMA and many other administrative offices around the country have officially extended the payment deadline. The BMA’s announcement, issued on August 28, 2020, set a new payment deadline of October 31, 2020, and confirmed that owners would not be subject to fines or surcharges if they pay the LBT by that date.

To limit any risk of surcharges, owners of land or buildings who have not received the LBT assessment form are advised to check with the relevant district office in Bangkok, or municipality or local administrative office where the property is located, to ascertain whether the form has been sent. Those outside Bangkok should also check whether any extension or postponement of the tax payment deadlines has been granted.

As for what property owners can expect under normal circumstances in future years, the Land and Building Tax Act B.E. 2562 (2019) stipulates that the LBT assessment form will be sent to the owners of land or buildings on an annual basis. If the assessment is correct, the owners may pay the LBT at a district office (for property in Bangkok), a municipality or local administrative office (for property elsewhere), or via other methods prescribed by authorities (e.g., banking counters, mobile banking via QR code, online banking etc.). Owners may contest LBT tax assessments by submitting an appeal or objection within 30 days of receipt of the LBT assessment form.

For more details on the land and building tax, or on any aspect of property law in Thailand, please contact Chaiwat Keratisuthisathorn at [email protected] or +66 2056 5507.

RELATED INSIGHTS​ 

August 20, 2024
Following the enactment of the Tax Administration Law (TAL), Myanmar’s Ministry of Planning and Finance has issued Notification No. 44/2024, which outlines directives and procedures for addressing violations of tax law provisions. These procedures, which came into force on June 13, 2024, primarily focus on three key areas: tax evasion, impeding tax administration, and failure to preserve secrecy. The notification primarily aims to address tax evasion, impeding tax administration, and failure to preserve secrecy, classifying these offenses as either subject to arrest without warrant or not. Notably, tax evasion is classified as an offense subject to arrest without warrant, while impeding tax administration and failure to preserve secrecy are not. The notification also prescribed the forms for notifying taxpayers before taking any action. Tax Evasion Tax evasion refers to a taxpayer who willfully evades the assessment, payment, or collection of tax. Penalties for such offenses include fines of MMK 250,000 (approx. USD 120) or 100% of the evaded tax (whichever is greater), imprisonment for up to seven years, or both. The enforcement process for tax evasion requires the chief officer of the township revenue department or an officer in charge (the tax authority) to assess the relevant documents and information provided by the taxpayer. If a taxpayer is found to be evading tax, the tax authority must send a notice in the prescribed form for verification within 15 days. Taxpayers may apply for a one-time extension of 15 days to submit requested documents and make disclosures. If the taxpayer cannot fulfill the requirements as instructed, the tax authority will seek approval from the director general of the Internal Revenue Department (IRD) for criminal proceedings as cognizable offences. Impeding Tax Administration and Failure to Preserve Secrecy Impeding tax administration refers to obstruction or attempted obstruction of taxation staff or officers
July 30, 2024
In May and June 2024, Cambodia’s General Department of Taxation (GDT) issued two notable tax incentive packages that aim to encourage business growth in the country. The details of these incentives are outlined below. Tax Incentives for Expansion of Qualified Investment Projects The GDT’s May 10, 2024, regulation (Prakas No. 313 MEF. PrK. PD) provides income tax incentives for expansion of qualified investment projects (QIPs), including an income tax exemption for the following types of expansion: Expansion of existing production. Expansion through product line diversification within the same lines. Implementation of new technologies that enhance productivity or protect the environment. Other forms of expansion set out in future sub-decrees. The number of years for the income tax exemption depends on the investment activities of the QIP, in accordance with the business groupings provided in the Sub-Decree on the Implementation of the Investment Law in Cambodia—9 years for group 1, 6 years for group 2, and 3 years for group 3. After receiving approval for the QIP expansion from the Council for the Development of Cambodia (CDC) or one of its Provincial-Municipal Investment Sub-Committees (PMISs), the GDT will certify the income tax exemption period. The exemption begins on the date the enterprise first receives income from the QIP expansion. QIPs seeking this tax exemption need to declare the amount of money that they intend to use for the expansion. Once allowed, the company must use that money for construction materials or new production equipment before the expiration of the tax exemption period. The income tax exemption can be revoked if: The enterprise does not use the capital to expand the QIP by purchasing the construction material and new production equipment as requested for the expansion. The enterprise fails to invest the prescribed amount before the expiration of the tax exemption
July 4, 2024
On June 28, 2024, Thailand’s Ministry of Interior issued the Ministerial Regulation Re: Exemption from the Government Fee for Hotel Business Operators B.E. 2567 (2024). The ministerial regulation, which was published in the Government Gazette on June 30, 2024, lifts the annual government fee for hotel business operations from July 1, 2024, to June 30, 2026. This extends the previous annual fee exemption period, which had been set to expire on June 30, 2024, in accordance with similar ministerial regulations in 2022. This measure aims to alleviate the financial burden on hotel business operators that may be affected by insufficient tourist revenue. For more information on this exemption, or on any aspect of Thailand’s legal and regulatory environment for hotel business operations, please contact Chaiwat Keratisuthisathorn at [email protected] or Chanchai Jhongsathit at [email protected].
June 6, 2024
On January 18, 2024, Vietnam’s National Assembly passed a new Land Law (“Land Law 2024”) that is scheduled to take effect on January 1, 2025, replacing the current Land Law 2013. To mitigate challenges faced by the real estate market, in late May 2024, the government proposed amendments to the Land Law that would move the effective date up five months, to August 1, 2024, pending approval by the National Assembly. One of the key sectors to be impacted by the Land Law 2024 is the energy sector, which requires large land areas for power plants and infrastructure, especially given Vietnam’s 2050 net zero emissions commitment. Below are highlights of how the new Land Law 2024 will affect Vietnam’s energy sector. Annual payment of land rental Under the Land Law 2013, investors implementing energy projects (e.g., solar power projects) are entitled to choose to lease land with either (i) an annual rental payment or (ii) a single upfront payment for the entire term of use. Under the Land Law 2024, these investors are only allowed to use land in the form of an annual rental payment. As the annual land rental is calculated in five-year cycles, based on the land price table decided by the state, this new restriction means that investors in energy projects will face an additional risk of a sudden increase in land rental, disrupting their financial planning. Investors using land sites leased with annual rental payments are also not allowed to mortgage their land-use rights, but can only mortgage assets attached to the land, at credit institutions licensed to operate in Vietnam. Accordingly, this may affect the ability of energy projects to obtain financing during the development stage, because they no longer have assets that can be mortgaged. Obtaining land Under the Land Law 2024,