Can I Buy Phuket Property as a Gift for My

How Gifting Property in Phuket Works?

There are two practical approaches:

Approach 1: Register directly in the recipient’s name The purchase is conducted as if the recipient is the buyer. They sign the SPA, their funds are transferred to generate an FET certificate in their name, and the Chanote is issued with their name. You effectively gift the money, and they use it to purchase.

Approach 2: Register in your name, then transfer as a gift You purchase the property in your name first, then subsequently transfer ownership to the recipient via a gift transfer at the Land Office. This involves additional Land Office fees and potentially gift tax considerations.

Approach 1 is simpler and more tax-efficient in most cases. It avoids a double Land Office process and the title is clean from day one.

Requirements for the Recipient

Requirement	Details
Nationality	Any foreign national (same as general buyer rules)
Age	Typically 18+ years to sign contracts
Presence or POA	Must sign SPA + Land Office transfer (or grant notarised POA)
Bank account	Needs a Thai bank account to receive the FET certificate
FET certificate	Funds must arrive from outside Thailand in their name
ID documentation	Passport required for all legal steps

The recipient does not need to be present in Thailand at all stages if they grant Power of Attorney to a trusted representative. However, the POA must be notarised and authenticated, this requires 1-2 weeks if done outside Thailand through the Thai consulate.

FET Certificate in the Recipient’s Name

Correct process:

1. You transfer money as a gift to the recipient’s bank account in their home country
2. Recipient transfers that money from their own overseas bank to their Thai bank account
3. Thai bank issues FET certificate in the recipient’s name
4. FET certificate is used at Land Office to register freehold in recipient’s name

Incorrect process:

1. You transfer money directly from your overseas bank to Thailand
2. Thai bank issues FET in your name
3. Property cannot be registered in the recipient’s name using your FET

Important: The gift transfer of funds internationally may have gift tax implications in your home country. In the UK, gifts above £3,000/year may be subject to inheritance tax if the donor dies within 7 years. In the USA, gifts above $18,000/year (2024 annual exclusion) require a gift tax return (though often no tax is due). Consult a tax advisor in your jurisdiction.

Gifting to a Minor (Child Under 18)

• Minors cannot sign legal contracts independently in Thailand
• A parent or legal guardian must sign as the minor’s representative
• The Land Office may require additional documentation confirming guardianship
• The minor’s name appears on the Chanote, but the parent/guardian manages the property until the child reaches 18

This is a legitimate structure, often used by parents creating a long-term asset for their children.

Alternative: Co-Ownership

• Both parties can be registered as co-owners on the Chanote
• Both must be foreign nationals and both need FET certificates
• Both must sign the SPA and be present (or via POA) at the Land Office

Co-ownership works for couples or business partners buying together. It requires both parties to agree on sale or transfer decisions, consider this when planning.

Tax at Transfer: The Gift Transfer Route

• Transfer fee: 2% of appraised value
• Specific Business Tax: 3.3% if the original purchase was within 5 years
• Stamp Duty: 0.5% if original purchase was 5+ years ago
• Gift tax in Thailand: Thailand has no specific gift tax for property, the standard transfer fees apply

For high-value properties, Approach 1 (direct registration in recipient’s name) avoids this second set of transfer costs.

What This Means for Buyers?

MORE Group has facilitated gift purchases for families across multiple nationalities and can guide both parties through the process at 0% buyer commission.

Frequently Asked Questions

Can I buy a Thai condo for my spouse or partner? +

Yes, the condo can be registered in your spouse's name if they are a foreign national, with their FET certificate and either their presence or POA at the Land Office.

Can I buy Thai property for my child? +

Yes, including for minors. A parent or legal guardian signs on the child's behalf, and the Chanote is issued in the child's name. Additional guardianship documentation may be required by the Land Office.

Does the recipient need to be in Thailand to receive a property gift? +

No, a notarised Power of Attorney allows a trusted representative to sign the SPA and attend the Land Office transfer on the recipient's behalf.

Are there gift taxes when transferring property in Thailand? +

Thailand has no specific gift tax. Standard transfer fees apply (2% transfer fee + SBT or stamp duty). However, your home country may have gift tax implications for large international transfers, consult a local tax advisor.

Can two family members co-own a Phuket condo? +

Yes, co-ownership is registered on the Chanote with both names. Both must be foreign nationals, have individual FET certificates, and sign all legal documents. Both must agree on any future sale.