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Answered3 years ago

What is the visa and tax situation for renting out property in Thailand on a retirement visa?

Heidi ********
asked Oct 23, 2023
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Hi. We are looking to move to Thailand in 2024, emigrating on a retirement visa. We were just thinking, small 3 bed, just live our retirement out, but we’ve just seen a great property, with annexes (kind of the Thai version of gites) which we think would be good for us, meeting new people etc (before Brexit, we had dreamed of having gites in France), my question is, what’s the visa situation or tax situation if we decide to go down that route?
Answer summary
The user is considering moving to Thailand on a retirement visa and is curious about the implications of running a property for rental income. While some comments clarify that a retirement visa does not allow one to work, the conversation highlights the complexities of property ownership, including the necessity for long-term leases and potential taxation. It is advised to consult a lawyer for detailed guidance, especially regarding legalities around running a business, and to consider spending an initial period in Thailand to better understand the environment and regulations.
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Debra *********
Debra *********
Gite
Debra *********
Debra *********
What is a fire?
Ken ******
Ken ******
thailand going to impose worldwide tax for long stayer starting jan next year but details to be explored. You better wait out to avoid commiting any important decision to avoid sunk cost if any
Luc ************
Luc ************
With a French gîte you mean something like a Thai homestay?
Mark *********
Mark *********
@Heidi *******
Worth remembering that Airbnb is essentially illegal in Thailand. Ditto similar platforms or self promoted short term rentals. The question arises how would you market your property? And, of course the legality of the earnings. Most simply don't declare. In UK or France the need for a marketing platform is far less than here as there you can register with local tourism offices, in fact those are amongst the best marketing mechanisms.
******************************************************************
%20keep%20it%20simple%2C%20yes,is%20a%20little%20more%20complicated!
Mark *********
Mark *********
I thought a blanket ban. But like so much else in Thailand that might be subject to what authorities in a given area wish to do. We are back into the TM30 thing again for precisely that reason. Also I don't know the status of precedent/case law in Thailand - how much the Hua Hin case sets a precent or at least so until tested. RE the condominium act hheaven knows whether there has been a case. Certainly numeroous condos are full of a lot of bluster on the about going to the police, etc, to scare tenats trying to rent out and those trying to rent. I've seen it to work. Having your car locked in a car park does put you off but as to real force of law? Cough. Surely these would be civil cases anyway. And Thai owners will simply "wing it" anyway. As a foreigner the situation may be less easy, less negotiable and who wants another imponderable to worry about?
Don *********
Don *********
@Mark ********
to the best of my understanding Airbnb / short term rental is not illegal in Phuket - I believe villas cannot have more than 4 bedrooms or rent to more than 20 guests per night
Tulip ********
Tulip ********
I have had gites in France and houses in Thailand. In Thailand it would be resort. Don't think of doing anything like it until you have lived here a while. If a resort is a dream, buy one or make one, but rent first for at least a year. You could think of homestay, but rent first. Rent first rent first. Thailand is as varied by region as France is. Get to know it first. Otherwise you can make a big mistake, like all the Brits who relocated to dying medical deserts in the Creuse and vienne
Dana *******
Dana *******
A "gite" is guesthouse. Renting rooms to tourists is a businesses. You would need a work visa.
Kev *********
Kev *********
A gite is a commonly used term in France and is often a small annex attached to a family home where visitors can stay. Similar to bed and breakfast.
John **********
John **********
I think what you are looking to do is buy a resort (Thai terminology for a group of small buildings which you rent out). People do that and some do it successfully, but it's probably best to do it via a Thai company than just in your name. You could then possibly get a different type of visa which would allow you to work, note the Thai definition of work is all encompassing so showing someone to their room/building is work. You wouldn't be able to do anything on the resort on a retirement visa
Mark *********
Mark *********
@John *********
@Heidi *******
Yep, that is the Thai terminology, though "homestay' has crept in. The association is with agritourism. And it covers a multitude of possibilities, some very basic - sleeping on floors, etc. Though there is pleasant accommodation too, if never highly luxurious.
Lamboley *******
Lamboley *******
The best solution is to buy your house under a Thai company. Many lawyers can set that for you. The tax will be paid by the company. The accounting will be once a year. You can do that under a retirement visa. The best is to take a good lawyer. He will explain all the rules.
Sandra **********
Sandra **********
You should try living here for a year or two and see if it's what you really want. I've been here one year and recently took out a sweet two year lease on ocean view but still not sure I'll stay after the 2 years. The humidity is hard on my elbows and hip arthritis.... Also the heat is more intense than I prefer.... Have to spend a year plus to make a lifetime decision. Not jump into it. Lots of retirement friendly places in the world. Being more liquid is kinda nice. Less commitment. Anyway that's my personal experience.😊
Ruth *******
Ruth *******
@Sandra *********
Where are you living? I'm trying to explore nice ocean areas.
Don *********
Don *********
@Ruth ******
I thoroughly recommend Phuket - it rarely gets above 31 degrees, great air quality, most days with a nice breeze, and if you are looking for potential tourist income you would be amazed at the premiums tourists are willing to pay in the ~3 month high season
Don *********
Don *********
@Ruth ******
Phuket Town is kinda cute, but not an expat residential area if that’s what you’re looking for
Don *********
Don *********
@Ruth ******
next time try staying around Bang Tao / Surin - large expat community, beautiful beaches, great restaurants, most of us living here are very very happy and don’t want to leave for any reason
Ruth *******
Ruth *******
@Don ********
I’d likely return to Phuket when I have my motor bike license, but I don’t think I’d live there.
Ruth *******
Ruth *******
@Don ********
I went to old town
Don *********
Don *********
@Ruth ******
totally agree, Patong is best avoided. Did you hire a car / motorbike and see the rest of the island ?
Ruth *******
Ruth *******
@Don ********
I just came from Patong. I wasn’t a fan.
Terary **********
Terary **********
I had to google Gite also. Still not sure I fully understand the meaning.

The biggest thing I learned about Thailand after living here a few years... It's never what you expect.

I would encourage you come here for year, hang-out, get to know different areas (Phuket, Chang Mai, Hua Hin, etc) then decided what kinda of living situation will suite you best. Rent here is cheap it can be even cheaper if you are thrifty. I spend $500/month for sizable condo near the sea.
John ********
John ********
One, you cannot work on a retirement visa,

Two, if you are thinking of buying a house in Thailand then you need to know that you cannot own the land, so you have to lease the land the house is on so buy the house and lease for 30 years or 60 years, as for working that depends upon the type of work you are going to do ie teaching English you will need adegree in Thailand and get the job so ibefore you travel to Thailand, or if you are thinking of working from home on your laptop the teaching job you really need to look at visa you will need. But frist I would recommend that you come for a few months and see if you find the place you like to live in and the thai immigration rules before you consider retirement in Thailand
Jarek ************
Jarek ************
@John *******
partially wrong, under current Thai law only 30 year lease is recognized.
Heidi ********
Heidi ********
OP
@John *******
thank you,!we are aware of the rules on purchasing a property and the land issues, we are more interested in, can we rent the rooms out, paying Thai tax obviously, with a retirement visa?
John ********
John ********
@Heidi *******
you will need to get in touch with a lawyer, but I believe that they will see you are starting a business which is a totally different thing
Brian *********
Brian *********
@Heidi *******
the simple answer is you are explicitly disallowed from earning money in Thailand from Thailand and it’s citizens or visitors.

Example for context. I can not charge the person next door for a guitar lesson. But I could be 49% owner of a guitar lesson company. While I could give a lesson online to anyone anywhere else without restriction.

So as was said there are quite probably creative ways to accomplish your intent but legally will likely need some legal support. Navigating the sea of nonsensical paperwork and process takes a strong constitution sometimes. 👍
Rich *****
Rich *****
i don’t know what a gite is but I do know what retirement is, which is the act of leaving one’s job and ceasing to work. So no, in Thailand, you can’t!
Heather *******
Heather *******
Generally speaking a gite is a small cottage or outbuildings that have been converted to provide short term holiday accommodation though people do live in them long term.

As mentioned you can not enter Thailand on a retirement visa if you intend to work
Heather *******
Heather *******
Please don’t play with my words. I sure it is clear to everyone,other than yourself, my meaning
Todd *********
Todd *********
@Heather ******
of course you can. And you should. If/when you decide to work, then get a work visa
Gordon ********
Gordon ********
Look up Charles Law (Leeya Resort)(Thailand) on

Facebook. He has a property for sale that might interest you
Andrew *******
Andrew *******
Still no idea what a gite is but if you are thinking to run an accommodation business then you will need a visa that permits you to work and the retirement visa does not.
Peter ***********
Peter ***********
@Andrew ******
a gite is similar to a home stay.
Chris *********
Chris *********
@Andrew ******
I think it’s a French word
Lynnette *******
Lynnette *******
@Chris ********
it's used in UK to describe a french country type holiday property. An annexe is an apartment annexed to a house.
Wylie *******
Wylie *******
Had to look up both gite and annex properties, I had never heard of either, but as Brandon said what kind of property you live on has nothing to do with your visa. Some visas require you to show a lease is about the only thing.
Lynnette *******
Lynnette *******
Owning property in Thailand is a bit complicated. You'd need advice on this.
Brandon ************
Brandon ************
I have no idea what a gite is, but your living situation has nothing to do with your visa situation.
Heidi ********
Heidi ********
OP
@Brandon ***********
we would be earning a living on the annexes, so my question really is, can we do that
Stuart *********
Stuart *********
@Heidi *******
you’d really need to speak with an accountant or tax specialist on that one.

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