The Deed of gift in Thailand

According to the gift agreement, the donor transfers his property free to the donee, and the latter accepts such property.

It’s also considered as a gift:

- The donor releases the donee from obligations that the latter had to fulfill to the donor

- The donor fulfills the obligations that the donee had to fulfill to third parties

A gift agreement is only valid if the gift is physically transferred.

If a gift is a right that is stated in a written document, the transfer of that written document effects the transfer of that right under a gift contract. The person obliged under such a document should provide written notice to the creditor of the fact of donation of the right.

If the sale of property that is the subject of a donation requires the registration of the transaction by an authorized department, the gift contract shall also be valid only in case of its registration. Physical transfer of property in this case is not required.

If the donor has signed a gift agreement, registered the contract with a competent authority and does not give the donee the object of the gift agreement, the latter has the right to demand the transfer of the gift to him, but has no right to demand compensation for breach of the contract.

If the donor undertakes as a gift to regularly perform any actions in favor of the donor, such obligations shall terminate in the event of the death of one of the parties, unless otherwise specified by the nature of the obligations.

A gift may be encumbered with conditions (obligations). In this case, the donor is liable for defects in the property that he gives, but only within the value of the obligations. If the donee had to fulfill certain obligations to the donor, but did not fulfill them, the donor may request the return of the gift. If the donee has not fulfilled obligations to third parties - as a mandatory condition of donation - the donor has no right to demand the return of the given property.

If the value of the gift is less than the value of the obligations of the donee, the latter performs obligations within the value of the gift.

In the case of the “ingratitude” of the donee, the donor may demand the return of the gift within 6 months after he learned that the donee:

- committed a criminal offense against the donor

- insulted the donor

- refused the donor the vital assistance that he was able to provide.

If the donee has committed the killing of the donor, the heirs have the right to demand the return of the gift.

Non Refundable Gifts:

- The cost of which is fully refunded

- Gifts "with the condition"

- Gifts made as a result of moral duty

- Wedding Gifts

The procedure for taxation of a gift agreement in Thailand we will consider in the following articles.

For all questions regarding the preparation or verification of gift agreement and other documents, please contact us: + 6687-348-57-03 (WhatsApp, Viber).

Author: Aleksandra Agapitova

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