Stamp duty payment methods in Thailand
Keywords: Mazars, Thailand, Tax, Stamp Duty, Payment, Hire of Work
Only instruments listed in the stamp duty schedule are subject to stamp duty, and the persons liable to pay stamp duty are those associated with the instruments, such as the persons executing the instruments, the holders of the instruments, or the beneficiary.
Common methods
There are two common methods to pay stamp duty:
- Affix stamps to the instruments and
- Payment in cash (filing Form Or. Sor. 4, along with the related stamp duty payments to an area Revenue Department office.
Notable instruments for which the stamp duty must be paid by cash include:
- Agreement for the lease of land, building, other construction or floating house for which the rental fee for the entire lease period is Baht 1m or more;
- Agreement for lease of land, building, other construction or floating house for which the registration to the officer under the land law is required; and
- The hire-of-work service agreement for which the service fee is Baht 1m or more.
E-Stamp duty
For e-Instrument
Stamp duty on dutiable instruments, which are executed in an electronic format (e-instruments), must be paid via the e-Stamp Duty system starting in July 2019. To support the use of the e-Stamp Duty system, the Revenue Department issued multiple notifications providing guidance in making stamp duty payments via the e-Stamp Duty system (Notification of the Director-General of the Revenue Department concerning stamp duty no. 58 to 69).
The notifications generally gave a definition of instruments that must be paid stamp duty via the e-Stamp system, the method of payments, the payment due date, and liabilities in case of failure to make stamp duty payments within the due date.
In making stamp duty payments via the e-Stamp Duty system, taxpayers shall file the prescribed form (Form Or. Sor. 9) through the Revenue Department website (https://www.rd.go.th/landing.html) or the Revenue Department’s Application Program Interface (API). After filing Or. Sor. 9, the system will generate a QR code and a pay-in slip for taxpayers to electronically make stamp duty payments to the Revenue Department’s bank account.
Taxpayers must file Or. Sor. 9 and pay stamp duty before executing the instrument or within 15 days of the date following that on which the instrument was executed. Failure to file the form and pay stamp duty within the due date can cause a criminal fine and serious surcharges.
However, to allow taxpayers to become familiar with the e-Stamp Duty system before the requirement is fully enforced, the Revenue Department has continuously given a grace period allowing taxpayers to pay stamp duty for the dutiable e-instruments in cash at the area Revenue Department offices. According to the Notification of the Director-General of the Revenue Department concerning stamp duty no. 68, issued on 27 December 2023, taxpayers can also pay stamp duty in cash at the area Revenue Department offices for the e-instruments executed from 19 August 2022 to 31 December 2025.
For instruments executed in a paper format
Stamp duty on certain dutiable instruments executed traditionally (i.e., in a paper format) can also be paid via the e-Stamp Duty system during the grace period. According to the Notification of the Director-General of the Revenue Department concerning stamp duty no. 69, issued on 27 December 2023, taxpayers can also pay stamp duty via the e-Stamp Duty system for specific instruments executed in a traditional paper format. This applies to the instruments executed in a paper format from 19 August 2022 to 31 December 2025.
Dutiable instruments
Currently, the e-instruments subject to stamp duty and the traditional executed instruments that can pay stamp duty via the e-Stamp Duty system are as follows:
- Leases of land, buildings, other constructions, or floating houses
- Transfers of share(s), debentures, bonds, and certificates of debt issued by any company, association, body of persons, or organisation
- Hire-purchase agreements
- Hire-of-work agreements
- Loan agreements or bank overdraft agreements
- Insurance policies
- Authorization letters
- Proxy letters for voting in a meeting
- Bills of exchange or similar instruments used like bills of exchange for individual bills or instruments and promissory notes, or similar instruments used like promissory notes for each note or instrument
- Bills of lading
- Share or debenture certificates, certificates of debt issued by any company, association, body of persons, or organisation, and bonds of any government sold in Thailand
- Cheques or any written orders used in lieu of a cheque for each instrument
- Fixed deposit receipts of banks bearing interest
- Letters of credit
- Travellers’ cheques
- Carrier receipts
- Guarantees
- Pledges
- Warehouse receipts
- Delivery orders
- Agency agreements
- Partnership agreements
- Receipts issued in connection with a sale, a sale with the right of redemption, as well as the hire-purchase or transfer of ownership of a vehicle, but only if the vehicle is registered under the law governing such a vehicle
It should be noted that the existing e-Stamp Duty system does not support late payments. Any late payments or filing of stamp duty must be done at the area Revenue Department offices.