Thailand Stamp Duty — 8-Instrument Comparison 2026 (Lease 0.1% · Loan Cap 10k · POA 30 THB · Share 0.1% · Guarantee Cap 10 THB · Non-Life Ins 0.4%)
Complete Stamp Duty guide for the most common instrument types in Thailand — Lease (0.1% + Key Money), Hire-of-Work (0.1%), Loan (Cap 10,000 THB), POA (10-30 THB fixed), Cheque/Bill (3 THB / 0.25%), Private Share Transfer (0.1% FMV), Guarantee (Cap 10 THB — best for large deals), and Non-Life Insurance (0.4% gross premium). Includes the e-Stamp mandate for 5 instrument types (Notification 58/2565), 6× surcharge for missing the 15-day deadline (Sec.114) plus inadmissibility as court evidence (Sec.118), and the Apostille 14 Feb 2026 impact on cross-border contracts. Based on NYC Legal casework of 412 filings + 34 refunds + 12 compromises · 93% success rate (2021-2025).
8 core instruments
Lease 0.1% (No Cap), Hire-of-Work 0.1%, Loan 0.05% (Cap 10k), POA 10-30 THB, Cheque 3/B-E 0.15%/P-N 0.25%, Share Transfer 0.1% (SET/MAI exempt), Guarantee Cap 10 THB (best for large corp), Non-Life Insurance 0.4% Gross Premium.
Deadline & e-Stamp mandate
15-day filing window from instrument date · e-Stamp mandatory for 5 items (Lease · Hire · Share · Loan Note · Insurance per Notification 58/2565) · 6× surcharge if late · unstamped instrument inadmissible as court evidence (Sec.118).
Cap / Minimum:No cap · unspecified term deemed 3 years · leases > 3 years must be registered at the Land Department
Tax base: Total rent over the term + Key Money + any other consideration
Payer: Landlord is the payer · Tenant cancels the stamp (Sec.107)
Method: 🔒 e-Stamp mandatory (Director-General Notification 58/2022) · file Form AS.4 via RD e-Filing · pay by QR/ATM/credit card
Timeline: Within 15 days of signing · leases > 3 years must be registered at the Land Department within 15 days (extra 1% registration fee)
✨ Optimization: 🎯 (1) Report full rent + Key Money in the base — hiding it triggers 6× surcharge on reclass · (2) leases < 3 years skip Land Department registration, saving the 1% fee · (3) 3+3+3 renewal chains rejected by Supreme Court 6763/2560 — use original lease + fresh lease after expiry · (4) BOI/EEC-approved leases still owe stamp duty
Pitfall: 🚨 Missing the 15-day window = 6× surcharge (5× penalty + base) · under-stamped instrument inadmissible as court evidence (Sec.118) · undisclosed Key Money = RD reassessment + penalty · subleases require fresh stamping · corporate lease > 3 years not registered = rights cannot be assigned
Cap / Minimum:No cap · additional stamp duty due on any contract-sum increase
Tax base: Full contract price / consideration (before WHT) · includes reimbursable expenses spelled out in the contract
Payer: Contractor pays the stamp duty (Sec.103 + Schedule)
Method: 🔒 e-Stamp mandatory (Notification 58/2022) if executed in Thailand · foreign contracts signed in TH or with effect in TH are stamped in Thailand
Timeline: Within 15 days of signing · amendments / variation orders stamped within 15 days of signing
✨ Optimization: 🎯 (1) Split 'Materials Sale' (VAT 7% · no stamp) from 'Labor' (0.1% stamp + 3% WHT) — cleaner + lower WHT · (2) list reimbursables in a separate Annex outside the Contract Sum · (3) multi-year MSA with a single total price cuts paperwork · (4) cross-border services without effect in TH = no Thai stamp
Pitfall: 🚨 Foreign consulting contracts with effect in TH = Thai stamp + 15% WHT (non-treaty) · unstamped change orders inadmissible · 'Fixed Price Turnkey' often reclassed by RD into Sale + Hire — split the base · employment contracts are NOT hire-of-work and owe no stamp duty
Rate:0.05% of loan principal (THB 5 per THB 2,000)
Cap / Minimum:🔺 Cap: THB 10,000 per contract — loans > THB 20M pay a flat 10,000 THB
Tax base: Contractual loan principal only (no interest) · revolving OD uses the maximum facility limit
Payer: Lender pays the stamp duty · applies to individuals and companies alike (Sec.108)
Method: e-Stamp (recommended) or adhesive stamp · banks / financial institutions use impressed stamps on standard forms
Timeline: Within 15 days of signing · revolving OD stamped once when the facility is opened (no re-stamp on redraws within the limit)
✨ Optimization: 🎯 The 10k cap keeps big deals cheap — a THB 500M corporate loan pays just 10,000 THB (0.002%) · intercompany loans still need stamping · cross-border loans signed in TH need Thai stamp · Master Loan Agreement + drawdown notices → stamp only the master (10k cap)
Pitfall: 🚨 Oral loans are hard to enforce and can be reclassed as income by RD · late stamp = 6× surcharge (capped 100,000 THB per case) · director-company IOUs closely scrutinized — must bear market-rate interest · deeds of amendment raising the facility need extra stamp on the increment
✓ NYC Legal case: Shareholder loan · LLC + director, THB 45M at MLR-1% · nominal duty 22,500 but capped at 10,000 THB · NYC Legal draft + TP memo 25,000 THB · shields against deemed-dividend reclass (10% WHT)
📜 Power of Attorney (POA)
SD-07 (Schedule Item 7)
Rate:THB 10 (single-person single-act) / THB 30 (general or multi-matter) / THB 30 per person (multi-attorney acting separately)
Cap / Minimum:No cap · corporate POA covering multiple matters = 30 THB per document
Tax base: Fixed by POA type · no percentage of value · consular POAs signed abroad are stamped when used in Thailand
Payer: Principal / Grantor — stamped on the original given to the attorney
Method: Adhesive stamp (cancelled) or e-Stamp via RD · foreign POAs require Notary + Apostille (from 14 Feb 2026) + Thai stamp when used
Timeline: Stamp on or before the date of use · Apostilled foreign POAs stamped when brought into Thailand for use
✨ Optimization: 🎯 (1) One general POA (30 THB) beats many single-act POAs (10 × N) once N > 3 · (2) Consular POA + Apostille (from 14 Feb 2026) trims the chain from 3 steps to 2, saving 3-4 weeks · (3) Board Resolution + Corporate POA replaces multiple individual signatures · (4) Notarized POA pairs well with fintech e-KYC
Pitfall: 🚨 Uncancelled stamp = treated as unstamped · foreign POA without Notary + Apostille (after 14 Feb 2026) rejected in Thailand · overly broad general POAs refused by Thai agencies — list specific acts · POAs void automatically if attorney dies / entity dissolves
✓ NYC Legal case: US investor · single general POA authorising a Thai attorney to manage share registers for 8 companies · duty 30 THB · US Notary + Apostille (from Feb 2026) takes 5 days vs 21 days for MFA + embassy · NYC Legal draft + Apostille + Thai registration 18,500 THB
💳 Cheque / Bill of Exchange / Promissory Note
SD-12 (Schedule Item 12)
Rate:THB 3 (ordinary cheque) / THB 3 per 2,000 = 0.15% (Bill of Exchange) / THB 5 per 2,000 = 0.25% (Promissory Note)
Cap / Minimum:Cheque: flat 3 THB per instrument · B/E and P/N have no cap
Tax base: Cheque: flat rate · B/E and P/N: face value
Payer: Drawer — banks typically impress stamps on chequebooks at issuance
Method: Impressed stamp on standard bank chequebooks — no extra stamp by users · non-bank B/E and P/N require e-Stamp
Timeline: Stamp on or before issuance · post-dated cheques use the date on the face
✨ Optimization: 🎯 Prefer bank cheques over P/Ns for cash-like transactions — 3 THB per cheque vs 0.25% of face value · corporate P/Ns have no duty cap, dangerous at large amounts · e-cheques / e-B/Es issued via NDID/ITMX are pre-stamped
Pitfall: 🚨 Inter-company P/Ns used in lieu of loans cost 0.25% with no cap — far pricier than a Loan Agreement (10k cap) at large amounts · RD scrutinises post-dated cheques and can reclass them as loans · cross-border B/Es drawn in Thailand incur Thai stamp
✓ NYC Legal case: Corporate trade finance · THB 12M P/N incurs 0.25% = 30,000 THB (no cap) · switching to a Loan Agreement caps duty at 10,000 THB (saves 20,000) · NYC Legal advisory 8,500 THB
📈 Share / Debenture / Bond Transfer
SD-19 (Schedule Item 19)
Rate:0.1% of paid-up value or transaction price (whichever is higher)
Cap / Minimum:No cap · SET/MAI-listed shares are exempt (Royal Decree 10/1957) · private-company shares are stampable
Tax base: Paid-up value or transaction price (higher) · abnormally low prices are substituted with Fair Market Value by RD
Payer: Transferor — seller or donor of the shares
Method: 🔒 e-Stamp mandatory (Notification 58/2022) · file with Form AS.4 · attach share certificate + transfer deed + Board Resolution
Timeline: Within 15 days of transfer (before recording in the shareholder register) · late filing incurs 6× surcharge
✨ Optimization: 🎯 (1) SET/MAI trades are exempt (RD 10/1957) · (2) Private transfers below Book Value are reset to Fair Value by RD Ruling 0702/9420 · (3) share swaps / M&A exchanges still owe stamp on value · (4) nominee transfers without consideration still owe stamp on FV · (5) BOI/EEC company share transfers get no exemption
Pitfall: 🚨 A THB 1 sale is reset to FMV + 5% gift tax if annual gifts > 20M · foreign buyers holding > 49% of a Thai company violate the Foreign Business Act 1999 · unstamped transfers are incomplete — the share register cannot be updated · nominee trust deeds risk prosecution under the 2022 Anti-Nominee amendments
Rate:THB 10 (for amounts ≤ 1,000) · THB 5 per 1,000 (0.5%) for 1,000-10,000 · THB 10 (cap) for amounts > 10,000
Cap / Minimum:🔺 Cap: THB 10 per contract (once amount > 10,000) — a THB 100M guarantee costs just 10 THB
Tax base: Guaranteed amount — covers Bank Guarantees, Personal Guarantees, Corporate Guarantees
Payer: Guarantor / Surety pays the stamp duty
Method: Adhesive stamp (personal guarantees) or e-Stamp · Bank Guarantees (LG) typically use impressed stamps on the bank's standard form
Timeline: Within 15 days of signing · amendments (increased limits) require additional stamping (still within the 10 THB cap)
✨ Optimization: 🎯 The 10 THB cap makes large guarantees very cheap — a THB 500M corporate guarantee costs just 10 THB · prefer over Collateral Pledge (higher duty + fees) when possible · shareholder personal guarantees replace corporate guarantees for SME loans · cross-border guarantees issued abroad get stamped when used in TH
Pitfall: 🚨 Unstamped guarantees inadmissible in court (Sec.118) — creditors bear heavy loss · continuing guarantees without a limit may be treated as indeterminate → stamped on best-estimate basis · intercompany guarantees need arm's-length Guarantee Fees under Transfer Pricing rules
✓ NYC Legal case: Group guarantee · Thai parent guarantees USD 8M for a Singapore subsidiary · Thai duty 10 THB but requires 0.5-1.5%/yr arm's-length Guarantee Fee · NYC Legal structuring + TP memo 45,000 THB
Payer: Insurer stamps the original policy · renewals stamped fresh each time
Method: 🔒 e-Stamp mandatory (Notification 58/2022) · filed with monthly OIC data · e-Policies issued via the Insurance Bureau are stamped automatically
Timeline: Within 15 days of policy issuance · renewals stamped fresh each time · premium-increasing endorsements require additional stamping
✨ Optimization: 🎯 (1) Splitting Fire + Motor + Health into separate policies vs a package may unlock group discounts that shrink the base · (2) ceded reinsurance is not re-stamped (only the ceding insurer stamps) · (3) cross-border marine insurance with Thai insured requires Thai stamp · (4) e-Policies via the Insurance Bureau cut admin cost
Pitfall: 🚨 Direct foreign insurance without an OIC licence breaches the Non-Life Insurance Act 1992 — the buyer bears liability · un-restamped renewals are inadmissible when a claim arises · endorsements adding coverage without extra stamping are void
Landlords / long-term leases · leases > 3 yrs must be registered
Hire-of-Work
Service / hire-of-work contracts
0.1%
Contract sum
e-Stamp · 15 days
🏆 Split Materials vs Labor for lower WHT + duty
Loan / IOU
Loan agreement · overdraft
0.05%
Principal
e-Stamp / Adhesive · 15 days
🎯 Cap 10,000 THB per contract — very cheap on large deals
Power of Attorney
POA (individual / corporate)
10-30 THB flat
Persons / matters
Adhesive · before use
General POA 30 THB beats multiple specific POAs
Cheque / B/E / P/N
Financial instruments
3 THB / 0.15% / 0.25%
Face value
Impressed / e-Stamp
Cheques 3 THB · beware large P/Ns (no cap)
Share Transfer
Private company shares
0.1%
Paid-up / FMV (higher)
e-Stamp · 15 days
M&A · exits · SET/MAI exempt
Guarantee
Guarantees · Bank LG · Personal
10 THB cap
Guaranteed amount
Adhesive / Impressed
🎯 10 THB cap — best value for large corporate guarantees
Non-Life Insurance
Fire · Motor · Health · Marine
0.4%
Gross premium
e-Stamp · 15 days
Insurer stamps · fresh stamp on each renewal
FAQ — Thai Stamp Duty 2026
What is Thai Stamp Duty and how does it differ from VAT/SBT?
Stamp Duty is a tax under Thai Revenue Code Sec.103-129 plus the Stamp Duty Schedule (28 instrument types). It taxes the 'instrument' (document) itself — lease, loan, POA — not the underlying transaction. Key differences from VAT/SBT: (a) VAT/SBT tax receipts/value-added → Stamp Duty taxes the document · (b) VAT/SBT filed monthly → Stamp Duty within 15 days of executing the instrument · (c) VAT/SBT late = surcharge + penalty → Stamp Duty late = 6× surcharge AND the instrument is inadmissible as evidence in court (Sec.118) · (d) Many instruments have a 'Cap Duty' (Loan cap 10,000 THB · Guarantee cap 10 THB) making large deals cost-effective. NYC Legal casework: 412 filings + 34 refunds + 12 compromises · 93% success rate.
The 8 most common instrument types — rates and caps?
🎯 8 core instruments (out of 28 in the Schedule): (1) 🏢 Lease of Land/Building = 0.1% of rent + key money (no cap) · (2) 🔧 Hire-of-Work = 0.1% of contract sum (no cap) · (3) 💰 Loan/IOU = 0.05% of principal (🔺 cap 10,000 THB) · (4) 📜 POA = 10-30 THB fixed · (5) 💳 Cheque 3 THB / B/E 0.15% / P/N 0.25% (P/N has no cap) · (6) 📈 Share Transfer = 0.1% of paid-up / FMV (SET/MAI exempt) · (7) 🛡️ Guarantee = 🔺 cap 10 THB (best for large corporate guarantees) · (8) ☂️ Non-Life Insurance = 0.4% of gross premium. Life Insurance is outside Stamp Duty (falls under SBT 2.75%).
Penalty for missing the 15-day deadline? Can it be filed retroactively?
🚨 Three-layer sanction under Sec.114 + Sec.118: (1) Surcharge 6× (penalty 5× + base) — e.g., 1,000 THB duty becomes 6,000 THB · (2) Instrument inadmissible as court evidence (Sec.118) — parties cannot enforce · (3) If unpaid through litigation = automatic loss. Retroactive filing: (a) File retroactively 'before' RD audit = surcharge only 2× (instead of 6×) · (b) File 'petition for penalty reduction' with the Director-General with reasonable cause · (c) Instrument paid in full before being used as evidence = still admissible (except final judgment cases). NYC Legal 12 compromises reduced surcharges by 60-80% on average.
Who is required to pay Stamp Duty — Payer vs Canceller?
🔍 Sec.107 separates two roles: (1) Payer — party defined by the Schedule per instrument type. Lease Payer = Landlord · Loan Payer = Lender · POA Payer = Grantor · Share Transfer Payer = Transferor · (2) Canceller — party who must cancel the stamp to prevent re-use. Lease Canceller = Tenant · POA Canceller = Attorney. Both share liability if unpaid/uncancelled. e-Stamp bypasses cancellation (system cancels automatically). Corporate practice: define allocation in a contract clause and escrow the duty.
Which instruments are mandatorily filed via e-Stamp?
🔒 5 instrument types must use e-Stamp only (Director-General Notification 58/2565 effective 1 Nov 2022): (1) Lease of land/building/structure (Item 1) · (2) Hire-of-Work (Item 4) · (3) Share/Debenture Transfer (Item 19) · (4) Money-payment instrument (Item 21) · (5) Non-Life Insurance Policy (Item 27). These 5 types cannot use adhesive stamps. Other items may use adhesive/impressed/e-Stamp as convenient. e-Stamp is filed through the RD Online system (Form AS.4) with QR/ATM/credit-card payment. Benefits: clear evidence, no fake-stamp risk, audit trail.
Guarantee cap is really only 10 THB? Worth it for large corporate guarantees?
🎯 Yes — Item 17 (Guarantee) has a step-rate schedule but caps at 10 THB when the guaranteed amount exceeds 10,000 THB. A 500M or even 10-billion THB corporate guarantee = only 10 THB duty per contract. Compare alternatives: (a) Mortgage = 1% of amount (cap 200,000 THB) · (b) Pledge = not in Stamp Duty but high registration fees · (c) Deed of Trust = 0.1% no cap. Corporate guarantees are therefore the most cost-effective cross-guarantee tool in group structures. Watch Transfer Pricing: arm's-length Guarantee Fee 0.5-1.5%/year required (RD Ruling 0702/9420).
Private-company share transfer at THB 1 to restructure — how much Stamp Duty?
🚨 Fair Market Value rule — Sec.9-bis + RD Ruling 0702/9420: (1) A transfer at abnormally low price → RD substitutes FMV as the base · (2) FMV methods: (a) NAV per share from latest financials (b) DCF for profitable businesses (c) market comparables · (3) Consequences: (a) duty computed on FMV (b) price > 20% below FMV + individual transferor → Gift Tax 5% (over 20M/year) or income to recipient (WHT + PIT) (c) Anti-Nominee 2565 — if reclassified as nominee, transfer is void. Proper corporate restructure: (a) Valuation Report from independent appraiser (b) BOI/EEC approval if applicable (c) Board + Shareholders' Resolutions (d) Advance Ruling for complex cases.
Cross-border contracts with effect in Thailand — do they need Thai Stamp Duty?
🌏 Three-factor test (Sec.111 + rulings): (1) 'Executed in Thailand' — signed in TH = Thai duty due immediately · (2) 'Executed abroad but with effect in TH' (assets in TH · beneficiary in TH · enforceable in TH) = Thai duty due 'when brought into Thailand for use' · (3) 'Executed abroad + never used in TH' = no Thai duty. Examples: (a) SPA signed in Singapore selling Thai company shares = Thai duty on book-entry transfer · (b) US-signed POA appointing Thai attorney = Thai duty when used (needs Notary + Apostille 14 Feb 2026) · (c) HK-Thai borrower Loan Agreement = Thai duty on drawdown. Deadline: 15 days from date of use in Thailand. Duty paid at a Thai consulate abroad counts as paid in Thailand.
How does Apostille (14 Feb 2026) affect Stamp Duty? Do Apostilled docs need Thai stamp?
🎯 Apostille only certifies 'signature and seal' (Notary signature verification) — it is NOT a tax payment. Stamp Duty impact: (1) Foreign documents Apostilled and 'brought into Thailand for use' still need Thai Stamp Duty (if within the 28 Schedule items) · (2) POA notarized + Apostilled in US = 30 THB duty when used in TH · (3) SPA notarized + Apostilled in Japan = 0.1% duty on share-transfer registration · (4) Loan Agreement notarized + Apostilled in UK = 0.05% (cap 10,000 THB) on drawdown · (5) Apostille benefits: reduces the 3-step chain (Notary → MFA → Embassy) to 2 steps (Notary → Apostille), saving 3-4 weeks and 4,500-8,500 THB per document. NYC Legal end-to-end Apostille + Thai Registration + Stamp Duty service THB 12,500-45,000.
What Stamp Duty services does NYC Legal offer? Fees?
