Specific Business Tax vs Stamp Duty on Thai Property Transactions
How do Specific Business Tax and stamp duty differ on Thai property transactions?
- Pillar
- Costs
- Jurisdiction
- National (Thailand); Revenue Department
- As of
- 9 Sept 2026
- Reader
- Buyer, seller, or adviser comparing SBT and stamp-duty outcomes at transfer
- Reading time
- ~4 min
Direct answer
Specific Business Tax can apply to sale of immovable property in a commercial or profitable manner under royal-decree rules—Royal Decree No. 342 lists treated categories—while stamp duty is a duty on listed instruments such as transfers of land. The English SBT overview lists a 0.1% real-estate rate on gross receipts with local tax at 10% on top of SBT. Confirm which path applies with counsel.
Key takeaways
- 1.SBT targets defined businesses/sales categories; stamp duty targets listed instruments.
- 2.Royal Decree 342 is central to identifying commercial/profitable immovable-property sales for SBT.
- 3.English SBT table: real estate 0.1% of gross receipts; local tax 10% on SBT.
- 4.Stamp-duty rates sit in the Revenue Code schedule—confirm the line for your instrument.
- 5.Needs Thai tax review before transactional reliance.
Important terms
Specific Business Tax (SBT) — Tax on listed business categories, including certain immovable-property sales. (rd-sbt)
Stamp duty — Duty on instruments listed in the schedule. (rd-stamp)
Royal Decree No. 342 — Categories of commercial/profitable immovable-property sales for SBT. (rd-342)
Detailed answer
When SBT is in view
Under the English SBT overview, sale of immovable property in a commercial or profitable manner (per royal decree) is an SBT business category. The table lists real estate at 0.1% of gross receipts, with local tax at 10% on top of SBT. (rd-sbt)
Section 91 materials describe the tax base for that category as gross receipts before expenses and explain registration-timed collection mechanics involving the Department of Lands. (rd-section-91)
Royal Decree No. 342 then supplies categorical rules—examples include sales by land-subdivision licensees, condominium unit sales by condominium registrants/traders, buildings constructed for sale, and certain sales within five years of acquisition with listed exceptions such as some principal residences and inheritances. (rd-342)
When stamp duty is in view
Stamp duty attaches to listed instruments. Transfers of land are mentioned among liable instruments; sample rates on the English page cover selected instrument types and point you to the full schedule for others. (rd-stamp)
Interaction
Practice often treats SBT and stamp-duty outcomes as alternative or interacting paths depending on facts. This page does not invent a bright-line “if SBT then no stamp duty” rule. Ask counsel for the current administrative treatment on your transaction.
Step-by-step
- Map seller facts to Royal Decree 342 categories.
- If SBT may apply, compute using confirmed current rates (start from the published English table themes, then verify Thai text).
- Identify which instruments will be executed and their stamp-duty schedule lines.
- Ask counsel how the two regimes interact on these facts.
- Reflect the expected path in the SPA cost annex.
Comparison table
| Topic | SBT | Stamp duty |
|---|---|---|
| Legal focus | Certain businesses/sales categories | Listed instruments |
| Property hook | Commercial/profitable immovable sales per decree | Transfers of land among mentioned instruments |
| Published English numeric theme used here | Real estate 0.1% of gross receipts + local tax 10% of SBT | Sample instrument rates; confirm schedule line |
| Key categorical source | RD 342 (translation caution) | Stamp-duty schedule in Revenue Code |
Hypothetical example
HYPOTHETICAL — confirm with Revenue Department / counsel.
Assumed condo trader sale falls under RD 342 condominium-registrant category. Assumed gross receipts 10,000,000 THB. Assumed SBT 0.1% = 10,000 THB. Assumed local tax 10% of SBT = 1,000 THB. Stamp-duty outcome on the same facts is not asserted here.
Risks
- Misreading RD 342 exceptions (for example residence or inheritance carve-outs).
- Using English translations as if they outrank Thai text.
- Ignoring local tax on top of SBT.
- SPA cost splits that assume the wrong regime.
Checklist
- RD 342 category memo by counsel
- Current SBT rate confirmation
- Stamp-duty instrument mapping
- Interaction advice documented
- SPA annex updated
FAQ
Does a private individual ever pay SBT on a home sale?
Possibly if facts fall inside RD 342 categories (including some sales within five years of acquisition) and no exception applies. Analyse facts—do not guess.
Is the 0.1% rate inclusive of local tax?
No. The English overview states local tax at 10% is imposed on top of SBT.
Where do I read Section 91?
Revenue Department English compilation: Section 91 materials.
Related reading
Claim ledger
Important factual claims planned for this guide, with support status and applicable location.
- SupportedThailandEffective / data: English page last updated 05.12.2020
SBT applies to sale of immovable property in a commercial or profitable manner per royal decree; English overview lists real-estate rate 0.1% of gross receipts and local tax 10% on SBT.
Sources: rd-sbt
- SupportedThailand
Section 91 framework defines SBT bases and registration-timed payment for certain immovable-property sales; DOL collects SBT for RD in the described mechanism.
Sources: rd-section-91
- SupportedThailand
Royal Decree No. 342 lists categories treated as commercial/profitable immovable-property sales for SBT.
Sources: rd-342
- SupportedThailand
Stamp duty applies to listed instruments including transfers of land; persons liable are those listed for each instrument.
Sources: rd-stamp
Review flags
- Lawyer review required before status changes from needs-legal-review.
- Confirm any numeric tax or fee with Revenue Department / counsel before transactional reliance.
Sources and methodology
We prefer Thai government law and official procedures over secondary blogs. See also our methodology.
| Source | Publisher | Kind | Current as of | Limitations |
|---|---|---|---|---|
| Specific Business Tax overview (English) Sale of immovable property in a commercial or profitable manner (per royal decree) is an SBT category; English table lists real-estate tax base as gross receipts at 0.1%, with local tax at 10% imposed on top of SBT | The Revenue Department (กรมสรรพากร) Last updated 05.12.2020 on English page footer | primary | 2026-09-09 | English summary; confirm current Thai rates, local tax interaction, and exemptions with Revenue Department / counsel before relying on the numeric schedule |
| Revenue Code Section 91 materials (English) Identifies SBT on sale of immovable property in a commercial/profitable manner per royal decree; tax base is gross receipts before expense deduction for that category | The Revenue Department English compilation page | primary | 2026-09-09 | Translation for reference; Thai Revenue Code controls |
| Stamp Duty overview (English) Stamp duty applies to listed instruments including transfers of land; receipt connected with transfer of immovable property when the juristic act is registered may attract duty | The Revenue Department English overview | primary | 2026-09-09 | Sample rates on English page are incomplete for property transfers; confirm schedule and interaction with SBT in Thai text |
| Royal Decree No. 342 B.E. 2541 (English translation PDF) — sale of immovable property for commercial/profitable purpose Defines categories of immovable-property sales treated as commercial/profitable for SBT, including condominium unit sales by condominium registrants/traders and certain short-holding patterns described in the decree | The Revenue Department (translation marked Thai official) B.E. 2541 / 1998 CE instrument (translation) | primary | 2026-09-09 | English translation expressly not official language; later amendments may exist; lawyer/tax adviser must map facts to current Thai text |
Reviewed as of not yet professionally reviewed. Research as-of date: 2026-09-09.
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