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BANGKOK 17 June 2019 14:24
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Frenchman arrested for running unlicensed hotel on Koh Samui

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2 hours ago, skills32 said:

The big problem for Thailand is that illegal hotels don't collect or pay vat.

 

The problem is you do not know what you talking about .

 

the only reason tern illegal being used is because hotels do not have hotel license but room for rent license.

 

hotel license allows daily rental, room for rent allows minimum 30 days.

 

hotel license are not being issued after building has been built.

 

zero to do with taxes or anything else 

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Posted (edited)

just interested but was this guy renting the whole villas (villa rental) or individual rooms in them (hotel style)?

 

interested because i was talking to a friend in hua hin the other night who rents his villa out and he was adamant hotel act does not cover whole house/villa rentals if less than 5 rooms and 20 guests. heard the same from a few people last few weeks. renting individual rooms obviously does apply

 

 

Edited by GeorgeCross

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19 hours ago, GeorgeCross said:

just interested but was this guy renting the whole villas (villa rental) or individual rooms in them (hotel style)?

 

interested because i was talking to a friend in hua hin the other night who rents his villa out and he was adamant hotel act does not cover whole house/villa rentals if less than 5 rooms and 20 guests. heard the same from a few people last few weeks. renting individual rooms obviously does apply

 

 

Your friend would need a villa licence as well as a pool licence if his villa has a swimming pool.

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22 hours ago, GeorgeCross said:

just interested but was this guy renting the whole villas (villa rental) or individual rooms in them (hotel style)?

 

interested because i was talking to a friend in hua hin the other night who rents his villa out and he was adamant hotel act does not cover whole house/villa rentals if less than 5 rooms and 20 guests. heard the same from a few people last few weeks. renting individual rooms obviously does apply

 

 

Daily rentals are prohibited without a hotel license no matter of hotel , condo or villa.

 

previously the 5 rooms , 20 guest was allowed but with the latest amendment to the law no longer is.

 

many still like to claim it is though, so tell your friend if he believes it’s legal, why authorities raid and arrest condo owners for daily rentals 😉

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On 5/30/2019 at 12:30 AM, PoorSucker said:

Yes, all thoose stupid regulations like fire escapes on every floor. 

But it is silly because fire escape is not required for 30 day rentals.

 

does that mean people who stay monthly can burn ?

 

 

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2 hours ago, BestB said:

Daily rentals are prohibited without a hotel license no matter of hotel , condo or villa.

 

previously the 5 rooms , 20 guest was allowed but with the latest amendment to the law no longer is.

 

many still like to claim it is though, so tell your friend if he believes it’s legal, why authorities raid and arrest condo owners for daily rentals 😉

 

There's nothing published after the 2016 Hotel Amendment act: https://www.duensingkippen.com/thailandpropertylawblog/?p=243

No entry in the Royal Gazette about hotels after that.

The amendment doesn't apply to mentioned housings (4/20). 

 

 

if your source is myillegalhot....... they are wrong.

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27 minutes ago, ThomasThBKK said:

 

There's nothing published after the 2016 Hotel Amendment act: https://www.duensingkippen.com/thailandpropertylawblog/?p=243

No entry in the Royal Gazette about hotels after that.

The amendment doesn't apply to mentioned housings (4/20). 

 

 

if your source is myillegalhot....... they are wrong.

 

so i read all the linked articles and my buddy was in fact right then?

 

Quote

The Hotel Act restricts rentals of less than 30 days without a license. But there is an exception to this for properties with four bedrooms or less and where the income earned from doing so is not the operator’s primary source of income

 

lucky i took the time and not give it the big one down our local tonight!

 

seems a mess if its a company owned property (foreigner nominee) but all legit if in  a thais name and they are working.

 

thanks for the links!

 

 

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Posted (edited)

if they ever clamp down on this things are going to get messy..

 

Quote

Thus, if any company—whether Thai or off-shore—owns a house or condo in Thailand and someone, including the director, stays there even for one day, that company will be liable to pay HLT tax.

 

and

 

Quote

They may then charge you an amount equivalent to 12.5% of total amount of money that they think you did, or could have, earned by renting it during the entire preceding year. Thus again, if your property is subject to assessable rental income for even one day, then the HLT tax is payable in an amount of 12.5% of the total rental value for the entire year.

 

ouch!

 

src: https://www.duensingkippen.com/thailandpropertylawblog/?p=222

Edited by GeorgeCross

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Posted (edited)
3 hours ago, BestB said:

Daily rentals are prohibited without a hotel license no matter of hotel , condo or villa.

 

previously the 5 rooms , 20 guest was allowed but with the latest amendment to the law no longer is.

 

many still like to claim it is though, so tell your friend if he believes it’s legal, why authorities raid and arrest condo owners for daily rentals 😉

 

i think 4/20 rule applies to whole building not just the residence so unless the condo is very very small (!) they'd be breaking the law?

 

 

Edited by GeorgeCross

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1 hour ago, ThomasThBKK said:

 

There's nothing published after the 2016 Hotel Amendment act: https://www.duensingkippen.com/thailandpropertylawblog/?p=243

No entry in the Royal Gazette about hotels after that.

The amendment doesn't apply to mentioned housings (4/20). 

 

 

if your source is myillegalhot....... they are wrong.

So tell me again then how and why condo owners are arrested and made to pay huge fines for doing daily rentals. 

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44 minutes ago, GeorgeCross said:

 

so i read all the linked articles and my buddy was in fact right then?

 

 

lucky i took the time and not give it the big one down our local tonight!

 

seems a mess if its a company owned property (foreigner nominee) but all legit if in  a thais name and they are working.

 

thanks for the links!

 

 

Yes reading transnational of the act would appear to allow it, in actual fact it does not and this is why air bnb is also illegal.

 

if you search for past articles on air bnb and court ruling , I am sure it will point out which section of the law or act they apply.

 

i can only speak from personal experience and what I was told by the courts and that is no daily rentals without hotel license .

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2 hours ago, GeorgeCross said:

if they ever clamp down on this things are going to get messy..

 

 

and

 

 

ouch!

 

src: https://www.duensingkippen.com/thailandpropertylawblog/?p=222

 

Yes, thats why you own the house directly via superficies in own name. 

Building permit, house == in your name. Never ever put it into the companies balance sheet.

 

Basic company structuring.

 

1 hour ago, BestB said:

So tell me again then how and why condo owners are arrested and made to pay huge fines for doing daily rentals. 

 

Because this doesn't apply to condominiums? Did you ever see a condominium with 4 rooms? No. 

Legally the whole Condos in a Condonimium building are one and the same "house".

 

This is just for residential houses/shacks/lowrise buildings privately owned, not in joined ownership structures! In the last ammendment from 2016 they actually eased the rules, not made it harder.

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2 hours ago, BestB said:

Yes reading transnational of the act would appear to allow it, in actual fact it does not and this is why air bnb is also illegal.

 

if you search for past articles on air bnb and court ruling , I am sure it will point out which section of the law or act they apply.

 

i can only speak from personal experience and what I was told by the courts and that is no daily rentals without hotel license .

 

Ok i just did that, here: https://bk.asia-city.com/city-living/news/heres-what-airbnb-ban-really-means-bangkok

 

Quote

Another Airbnb host, who owns a three-bedroom house in Thonglor and rents it out for B4,600/night, said they didn’t need to worry because they rented a house, not a condo. “I’m renting out an entire home, not a single room,” she said. “I’m the owner of the property and I’m not doing anything to cause trouble to society or anyone around me. But if there’s an actual law enforced, then I’m happy to abide by the law.”


“The Airbnb business model is not illegal. It’s the people who use it—renting out their places short-term—that’s making it illegal."


Chris supports this argument, pointing to a clause in the Hotel Act that exempts small residential properties. “Any residential premises that are open for rent with no more than four rooms and with a total service capacity of 20 guests is exempt from the Hotel Act,” he says.

The ground, however, is more murky for those renting in condos. To obtain a hotel license, they must prove they employ a qualified hotel manager, that they comply with the Building Control Act, have a Building Permit and Use Certificate which states that the existing building can be used as a hotel. “The Hotel Act is very unsupportive to hotel businesses and Airbnb’s business model,” says Chris.

 

 

The article says the same, the whole case was about a Condo building btw. 

 

But i agree, u are likely to run into problems anyway as the police loves to see you as a walking ATM no matter how compliant you are 😕

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2 minutes ago, ThomasThBKK said:

 

Yes, thats why you own the house directly via superficies in own name. 

Building permit, house == in your name. Never ever put it into the companies balance sheet.

 

Basic company structuring.

 

 

Because this doesn't apply to condominiums? Did you ever see a condominium with 4 rooms? No. 

Legally the whole Condos in a Condonimium building are one and the same "house".

 

This is just for residential houses/shacks/lowrise buildings privately owned, not in joined ownership structures! In the last ammendment from 2016 they actually eased the rules, not made it harder.

Villa’s are being raided as well. Few cases in Pattaya also made news. 

 

Last year during raids , there were 2 posters who tried to get legal under the 5/20 and were denied 

 

But what anyone does is their choice , only sharing what I know and have been through and unlike most if not all posting , no one has been through courts and jail for the very same matter , only referring to links .

 

i have been through all, including being locked up , so I would trust a judge and his discretion over posters with links 

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