Note concerning Thailand Supreme court opinions: Thailand is a civil law jurisdiction that also has elements of the common law system. Accordingly, the principle law sources are acts, statutes and regulations. However, published Supreme court decisions are an important part of the legal development of Thailand and are frequently used as a secondary authority. (Summaries sponsored by Chaninat & Leeds)
7/2550 Thailand Supreme
Court Opinion 79 (No. 4182) 2007
The sale of immovable property within a period of 5 years, counting from the date of acquisition of the property, according to section 3 (6) of the Royal Decree, promulgated in association with the Revenue Code for sale of immovable property for commercial purposes (version 244), is subject to exclusions of sales not in the category of sales for commercial purposes and must be considered on a case by case basis.
In this case, the plaintiff transferred some of the Thailand property, acquired within a period of 5 years, to her legal child. The transfer in this instance comes under the category of sale of property according to section 91/1 (4) of the Revenue Code. However, because the plaintiff granted partial land ownership rights to her legal child, and the transfer did not involve compensation, the ownership of the land is not deemed the sale of immovable property for commercial purposes according to section 91/2 (6) of the Revenue Code. Therefore, the plaintiff is not required to pay the Specific Business tax.