This article is part of the Zagdim Thailand property series. It sets out the rules a foreign owner meets when selling a condominium in Thailand, and it is written for people who hold a condo in their own name in Bangkok, Chiang Mai, Phuket or Pattaya and are thinking of selling.
The short answer: a foreign owner can sell a Thai condo, and there are currently no special restrictions on foreign sellers. The process is the same as for a Thai seller. The buyer can be a Thai citizen or another foreigner, and the two cases call for different documents. The seller mainly bears either specific business tax or stamp duty (one or the other) and withholding income tax, while the transfer fee is shared by agreement between the parties. Sale proceeds can be sent out of Thailand under the foreign exchange rules, but the bank looks at how the original purchase money came in, so you should locate the foreign exchange record from that year now. If you are not in Thailand, you can authorize someone else to handle the sale, as long as the power of attorney is properly authenticated first.
Can a Foreigner Sell a Thai Condo, and to Whom?
Yes. There is currently no special restriction on foreign sellers, and the transfer is registered at the Land Department (กรมที่ดิน) like any other.
What shapes the pool of buyers is the foreign quota under the Condominium Act (พระราชบัญญัติอาคารชุด พ.ศ. 2522). Foreign ownership in any one condominium building may not exceed 49% of the total area of all units, measured by floor area, not by number of units. A foreigner who holds a condo unit must also meet the qualifications in Section 19 of the Condominium Act; a typical foreign buyer qualifies by bringing foreign currency into Thailand to pay for the unit.
Who the buyer is changes what the seller has to prepare:
| Buyer | Quota | Buyer’s proof of payment | Extra documents the seller needs |
|---|---|---|---|
| Thai individual | The foreign-buyer rules do not apply; the sale releases foreign quota in the building | Applies to foreign buyers only | Certificate of no outstanding charges |
| Another foreigner | The quota moves with the unit, so the building’s foreign share does not change | Funds must be remitted from abroad in foreign currency, with a Foreign Exchange Transaction form (FET) | Certificate of no outstanding charges, plus a foreign quota certificate |
In a sale between two foreigners, industry sources report that the quota moves with the unit and the Land Department will not refuse registration on that ground. What remains unconfirmed is a narrower case: if the building is already at the 49% limit, the current statute does not say whether a foreign owner can smoothly register the sale of a quota unit to another foreigner. Before taking a deposit from a foreign buyer, check with the condominium juristic person (นิติบุคคลอาคารชุด) and the Land Department.
You may have heard talk of raising the foreign quota to 75% and extending leases to 99 years. In June 2024 the Cabinet asked the Ministry of Interior to study amending the law. As of October 8, 2026, the 49% quota had not changed, and the sources checked showed no bill sent to Parliament or published in the Royal Gazette. The 49% quota and the maximum 30-year lease remain the rules that apply.
For the conditions of selling to a Thai buyer versus a foreign buyer, see the related article “Selling a Thai Condo to a Thai or Foreign Buyer: The 49% Quota, the Buyer’s FET and the Effect on Price”.
From Finding a Buyer to Transfer: The Steps
A Thai sale and purchase agreement does not need to be notarized. The sale takes legal effect only when it is registered at the Land Department. The usual order is:
- Gather documents before listing. Title deed, acquisition date, quota status, proof that management fees are paid up, and the foreign exchange record from the year of purchase.
- Find a buyer. List the unit yourself or instruct an agent.
- Take a deposit and sign the sale and purchase agreement. The agreement should state the price, any furniture included, the deposit, the transfer date and, the most common source of disputes, which party pays which tax or fee. A common practice reported by industry sources is a deposit of about 10% of the price, forfeited if the buyer defaults, and often returned in double if the seller defaults. The ratio and the default terms are whatever the contract says.
- Request documents from the juristic person. A certificate of no outstanding charges; where the buyer is a foreigner, add a foreign quota certificate.
- Foreign buyer remits funds. A foreign buyer must bring the purchase money in from abroad in foreign currency and obtain the foreign exchange record.
- Attend the Land Department on transfer day. Buyer and seller, or their authorized representatives, appear in person. The buyer hands over a bank cashier’s cheque, and all taxes and fees are paid at the counter on the spot.
- Send the sale proceeds out of Thailand.
The Land Department’s official list of documents for transfer day could not be obtained in this round of research, and the actual requirements at each branch are unconfirmed, so rely on the branch handling your transfer. The list compiled by industry sources includes the title deed, passport (together with a house registration book if you have one), the sale and purchase agreement, the certificate of no outstanding charges, the foreign quota certificate, any relevant marriage or divorce certificate, and a power of attorney if someone else attends on your behalf. For the full pre-sale document list, see the related article “Documents Needed Before Selling a Thai Condo: Title Deed, No-Charges Certificate, Quota Certificate, Yellow Book”.
When choosing an agent, it helps to know some figures from industry sources. Resale agent fees run at about 3% of the sale price in Bangkok and in most provinces, and about 5% in tourist areas such as Phuket, Pattaya, Hua Hin, Koh Samui and Krabi, with 7% VAT charged on top of the agent’s fee. The commission falls due when the transfer is completed at the Land Department and is paid by the seller. There is no statutory rate, so the fee can be negotiated. When you sign an agency agreement, keep your right to sell the unit yourself, and do not accept an open-ended exclusive listing with no expiry date.
Taxes and Fees on a Sale, and Who Pays
A seller meets four charges, all paid at the Land Department on transfer day:
| Item | How it is calculated | Who usually pays |
|---|---|---|
| Transfer registration fee | 2% of the official appraised value; reduced to 0.01% when conditions are met | Shared equally, as agreed in the contract |
| Specific business tax (ภาษีธุรกิจเฉพาะ) | Charged when the property is sold within 5 years of acquisition; 3.3% of the higher of the sale price and the official appraised value | Seller |
| Stamp duty (อากรแสตมป์) | Charged instead when specific business tax does not apply; 0.5% of the higher of the sale price and the official appraised value | Seller |
| Withholding income tax (ภาษีเงินได้หัก ณ ที่จ่าย) | Based on the official appraised value; deductions by years held, averaged, then progressive rates applied | Seller |
The law does not say who bears each cost; the sale and purchase agreement decides.
Specific business tax and stamp duty are never both paid. If you sell within 5 years of acquiring the unit, specific business tax applies; once 5 years have passed, stamp duty applies instead. The 5 years run from the acquisition date to the transfer date, counted day to day. Specific business tax can also be waived within the 5 years if the seller’s name has been on the house registration book (ทะเบียนบ้าน, Tabien Baan) for at least 1 year and the home is the seller’s main residence, and there are other exceptions. Whether a foreigner’s yellow house registration book (commonly called the “yellow book”) qualifies for this 1-year exemption is not stated in the current statute and remains to be confirmed.
Withholding income tax is calculated on the official appraised value (ราคาประเมินทุนทรัพย์), whatever the actual sale price. The method: first deduct a set percentage of expenses according to the years held, divide the remainder by the number of years held, apply the personal income tax progressive rates, and multiply back by the number of years held. Years held are counted by calendar year, up to a maximum of 10. Whether the first bracket (0 to 150,000 baht) is taxed in this calculation under the current rate table is not stated in the statute and remains to be confirmed.
The 0.01% transfer fee depends only on the buyer. The registration fee falls to 0.01% when the buyer is a Thai individual, the condo’s sale price and official appraised value are both no more than 7 million baht, and any mortgage is also no more than 7 million baht. This applies until June 30, 2027. A foreign buyer does not qualify and pays the full 2%. The announcement’s conditions do not restrict the seller’s nationality, so it is inferred that a foreign seller selling to a qualifying Thai buyer can also benefit, but this still needs confirmation from the Land Department.
A non-resident is taxed only on Thai-source income, and income from selling Thai property is Thai-source income. Where the property was not acquired for profit, the seller can choose not to include the gain in the annual tax return, so that the tax withheld at transfer becomes the final tax.
How this plays out depends on how long you have held the unit, whether you are registered on a house registration book, and whether the buyer is Thai or foreign. If you are unsure which case applies to you, a licensed tax adviser can confirm it.
Here is an example using a Bangkok condo unit (assuming it was bought in August 2022 and sold in October 2026, with a contract price of 6 million baht and an official appraised value of 4.5 million baht, sold to a foreigner). The estimated specific business tax is about 198,000 baht and the withholding tax about 82,500 baht, plus half of the transfer fee at 45,000 baht, so the seller pays roughly 325,500 baht in total, not counting the agent’s fee. For the full calculation, the assumptions behind each item and the points still to be confirmed, see the related article “How Much Tax When You Sell a Thai Condo? Transfer Fee, Specific Business Tax or Stamp Duty, and Withholding Income Tax”.
Can the Sale Proceeds Leave Thailand, and What to Prepare
Yes. The official summary of Thailand’s foreign exchange controls states that funds from an investment can be sent back freely once supporting documents are submitted to an authorized bank. The Bank of Thailand website pages checked showed no specific document list or ceiling for property sale proceeds, so the exact documents depend on what the handling bank requires.
What banks care about most is the foreign exchange record from the year of purchase: the Foreign Exchange Transaction form (FET; formerly ท.ต.3). An FET is issued by a Thai bank and proves that foreign currency came in from abroad and was converted to baht. When you send the money out after a sale, the bank checks that the amount corresponds to the capital originally brought in, plus any gain. Industry sources say banks ask for the original FET or the credit advice, the sale and purchase documents, and the Land Department’s tax receipts.
So put the FET from the year of purchase, the purchase contract and the title deed together now. If the purchase money was remitted by a company or a relative, the FET will have been issued in that person’s name, which can cause trouble when you later send money out. It is best to ask the bank that issued the FET early. For detail, see the related article “How to Send Thai Property Sale Proceeds Out of Thailand: FET Records, Bank Documents and Common Snags”.
Selling When You Are Not in Thailand
Yes, you can instruct someone else to sell for you. A properly drafted power of attorney lets your agent sign the sale and purchase agreement and attend the Land Department on your behalf for the transfer. The Land Department has its own power of attorney forms: Or Chor 21 (อ.ช.21) for condominiums and Tor Dor 21 (ท.ด.21) for land. The Thai embassy states that it does not accept an apostille, so the document goes through consular legalization. How that works depends on where you sign. Two examples are the following:
- Signed in Hong Kong: a Hong Kong notary public first certifies the signature, and the document is then sent to the Royal Thai Consulate-General in Hong Kong for legalization. The document must be in English or accompanied by an English translation.
- Signed in Taiwan: under the 2014 notice from the Thailand Trade and Economic Office in Taipei, the document is translated into English, authenticated by the district court and the Ministry of Foreign Affairs, and then submitted to that office for authentication within 6 months. Whether the office accepts an individual’s signed Or Chor 21 by the same procedure is unconfirmed, so call before submitting.
For the documents, fees and unconfirmed points at each step, see the related article “How to Sell Thai Property From Abroad: The Condo Power of Attorney (Or Chor 21), Consular Legalization and Translation”.
Documents to Prepare Before Instructing an Agent
Having these ready makes every later step smoother:
- Title deed, Or Chor 2 (อ.ช.2): one for each condo unit, recording the unit’s area and its share of the common property.
- Acquisition date: determines whether you pay specific business tax or stamp duty, and sets the years held for withholding tax.
- Management fees and certificate of no outstanding charges: without the juristic person’s certificate of no outstanding charges, the transfer cannot proceed.
- Foreign quota certificate: needed when the buyer is a foreigner.
- The FET from the year of purchase, or a bank confirmation letter: needed later when sending out the proceeds.
- Passport: if you have been issued a new passport, bring both old and new; what further proof is needed is to be confirmed with the Land Department.
If what you hold is a leasehold rather than ownership, the position on transferring the remaining lease term is not stated in the current sources: whether the lessor must consent, and how tax is calculated, remain to be confirmed. Read the lease terms first.
Separately, in August 2026 Thailand’s Ministry of Interior issued a circular tightening checks on foreigners holding land through Thai nominees. This targets land and nominee structures, not a condo unit held in the foreigner’s own name.
Selling a Thai Condo as a Foreigner: FAQ
Can a foreigner sell a Thai condo to another foreigner?
Yes. The quota moves with the unit, so the building’s foreign share does not change, and the foreign buyer must remit the purchase money from abroad in foreign currency. Whether registration is possible when the building is already at 49% is not stated in the current statute and remains to be confirmed, so check with the juristic person and the Land Department before signing.
Do I pay specific business tax and stamp duty together on a Thai sale?
No. A sale within 5 years of acquisition is subject to specific business tax; after 5 years, stamp duty applies instead. If specific business tax has been paid, stamp duty is not payable.
Has the foreign quota for Thai condos been raised to 75%?
Not yet. In June 2024 the Cabinet asked for a study of amending the law, but as of October 8, 2026, the 49% quota had not changed and no related bill had been seen sent to Parliament.
If the owner is not in Thailand, can the sale proceeds be sent straight back home?
You can apply to send them out. The bank will ask for the FET or credit advice from when the money came in, the sale documents and the tax receipts; the receiving account and the documents depend on the handling bank’s written requirements.
Do I need an agent to sell a condo in Thailand?
You can list the unit yourself or instruct an agent. There is no statutory agent fee, so the fee can be negotiated, and the agency agreement should state the commission and whether the instruction is exclusive.
Glossary
- Land Department (กรมที่ดิน): the authority that registers property transfers and collects taxes and fees; transfers are handled at its local branches.
- Condominium Act (พระราชบัญญัติอาคารชุด พ.ศ. 2522): the law governing condo ownership, the foreign quota and the juristic person.
- Condominium juristic person (นิติบุคคลอาคารชุด): each building’s management body, which issues the certificate of no outstanding charges and the foreign quota certificate.
- Title deed, Or Chor 2 (อ.ช.2): the ownership document for a condo unit.
- Foreign Exchange Transaction form (FET; formerly ท.ต.3): the bank record proving foreign currency came in from abroad and was converted to baht.
- Official appraised value (ราคาประเมินทุนทรัพย์): the Land Department’s official valuation used to charge registration fees and calculate withholding tax.
- Specific business tax (ภาษีธุรกิจเฉพาะ): the tax charged when property is sold within 5 years of acquisition.
- Stamp duty (อากรแสตมป์): the duty charged instead when specific business tax does not apply.
- Withholding income tax (ภาษีเงินได้หัก ณ ที่จ่าย): the tax on the sale gain, deducted in advance at the Land Department at transfer.
- House registration book (ทะเบียนบ้าน, Tabien Baan): the household registration record; a foreigner’s has a yellow cover and is commonly called the yellow book.
- Power of attorney, Or Chor 21 (อ.ช.21): the Land Department’s power of attorney form for condo transactions.
About the Information
This article was compiled by Zagdim research. The statutory points were checked against the legal texts (Verified by Zagdim), and market practice is labeled separately. The data check date is October 8, 2026. Tax rules follow the original text on the Thai Revenue Department (กรมสรรพากร) website; the Condominium Act sections follow law firm summaries of the statute, as the Land Department website could not be read in this round. The following conclusions are not stated directly in the statutes and are drawn from the research, and all are listed as to be confirmed: whether a foreign-quota unit in a building already at the limit can be registered when resold to a foreigner, whether the yellow book qualifies for the 1-year exemption, whether the first bracket is taxed in the withholding calculation, how the 0.01% transfer fee applies to a foreign seller, the authentication procedure for a power of attorney signed by an individual in Taiwan, and the tax treatment of transferring a leasehold. The deposit, agent fees, transfer-day documents and bank documents for sending out proceeds are practice described by industry sources or law firms. The 75% quota and 99-year lease are under study and not finalized, and may change later.
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Sources
- Thai Revenue Department: Withholding Income Tax on Sale of Property Not Acquired by Inheritance
- Thai Revenue Department: Specific Business Tax Calculation on Sale of Property
- Thai Revenue Department: Stamp Duty Calculation
- Thai Revenue Department: Personal Income Tax
- Bangkok Biz News: Ministry of Interior Announcement Reducing Registration Fee Published in the Royal Gazette
- Tilleke & Gibbins: Inheritance of Condominium Units by Foreigners in Thailand
- ThaiLawOnline: Condominium Act B.E. 2522 (1979)
- ThaiLawOnline: Condominium Juristic Person
- ThaiLawOnline: FET Form Thailand
- Thailand Board of Investment: Other Legal Issue (summary of foreign exchange controls)
- Thai PBS World: Foreigners to be allowed to own 75% of units in condominium projects
- Royal Thai Consulate-General, Hong Kong: Legalization and Certified Document
- Royal Thai Embassy, Washington DC: Power of Attorney (Land)
- Royal Thai Embassy, Canberra: Power of Attorney
- Thailand Trade and Economic Office, Taipei: Document Authentication Notice
- The Thaiger: Foreigner’s guide to selling property in Thailand
- The Thaiger: What Thailand’s foreign quota means for buyers
- Justenda: Foreigners selling property in Thailand
- RE/MAX Thailand: How Real Estate Commission is Paid in Thailand
Important Notice
This article is general information and is not legal, tax or property transaction advice for your individual situation. The data check date is October 8, 2026. Rules may change; rely on the current announcements of the relevant Thai authorities and, where needed, consult a qualified professional.
