Thailand Stamp Duty: Which Documents Need Stamping, Rates, and Penalties

In short

Under the Stamp Duty Part of Thailand's Revenue Code, every instrument listed in the Stamp Duty Schedule—such as leases, contracts for work/construction, loans or bank overdrafts, transfers of shares and debentures, and insurance policies—must be completely stamped and have the stamps cancelled (Section 104); if it is not stamped or is under-stamped, the tax will be recovered together with additional tax (Section 113, Section 114), and the instrument may not be used as evidence in a civil case (Section 118).

1. What stamp duty is, and what an "instrument" means (Section 103)

Stamp duty is a tax levied on specified "instruments". An "instrument" means a document required to pay duty under this Part; "stamping" means affixing a stamp to paper or having a stamp impressed upon paper (Section 103).

Complete stamping: duty must be paid before or immediately upon execution of the instrument by affixing a stamp (or using an impressed stamp, or paying in money) at a rate not less than the duty due, and the stamp must be "cancelled", for the stamping to be complete (Section 103).
Cancellation: an act to prevent further use of a stamp—an affixed stamp may be cancelled by signing or stamping the name of a business upon it, or by drawing a line across it and recording the date; an impressed stamp is made to appear on the face of the instrument by an official (Section 103).
Execution: the signature on the instrument in accordance with the Civil and Commercial Code (Section 103).

2. Which documents need stamping, and at what rates (Section 104 / Schedule, Section 129)

Every instrument listed in the Schedule must be completely stamped at the rate specified in the Schedule (Section 104). The Schedule also specifies both "who bears the duty" and "who is required to affix the stamp". The following are common commercial instruments set out in the rate Schedule in our source materials (Section 129):

Lease of land, buildings, other constructions, or rafts: 1 baht for every 1,000 baht (fraction of 1,000 counted as 1,000) of the total rental for the entire term of lease; borne by the lessor and affixed by the lessee. If the contract does not specify the term, it is deemed to be 3 years (Section 129).
Transfer of shares, debentures, bonds, and debt instruments: 1 baht for every 1,000 baht, calculated on the paid-up share price or the price stated in the instrument, whichever is greater; borne by the transferor and affixed by the transferee (Section 129).
Conditional sale / hire-purchase: 1 baht for every 1,000 baht of the total price; borne by the seller and affixed by the buyer (Section 129).
Contract for work: 1 baht for every 1,000 baht of the work price specified; borne and affixed by the contractor (Section 129).
Loan of money or agreement to allow bank overdraft: 1 baht for every 2,000 baht of the loan or overdraft allowed, capped at 10,000 baht; borne by the lender and affixed by the borrower (Section 129).
Insurance policies: for property/casualty insurance, 1 baht for every 250 baht of premium; for life and other insurance, 1 baht for every 2,000 baht of the sum insured; borne by the insurer and affixed by the policyholder (Section 129).

The Schedule also lists other instruments such as powers of attorney, agency, bills of exchange, suretyship, and receipts. For instruments beyond those above, the applicable rate and the person liable follow the official Stamp Duty Schedule, and the exact amounts are governed by the official rules (our firm can help confirm).

3. Who affixes the stamp and who issues receipts (Section 103 / Section 105)

Who bears the duty and who affixes the stamp is determined for each type in the Schedule (see above). In addition, a business registered for value added tax or a person liable to specific business tax must issue a receipt immediately upon each receipt or payment of money exceeding the amount prescribed by the Director-General—whether or not a receipt is requested (Section 105).

For receipts or payments by a value added tax or specific business tax business, the threshold is prescribed by the Director-General but must not exceed 1,000 baht per instance; in other cases it must not exceed 10,000 baht per instance (Section 105).
A value added tax business that has issued a tax invoice showing the receipt or payment of money may treat that tax invoice as the receipt required under this Section (Section 105).

4. Consequences of late or insufficient stamping (Section 113, Section 114, Section 118)

For an instrument that has not been completely stamped, the person liable, the holder, or the person deriving benefit may submit it to an official to pay the tax (Section 113). Whether additional tax applies depends on the timing and on whether the shortfall is found through inspection:

Prompt payment, no penalty Section 113

For an instrument executed in Thailand, if it is submitted to an official for payment within 15 days from the day complete stamps should have been affixed, only the tax itself is paid, with no additional tax.

Overdue, doubled up Section 113

Otherwise, additional tax is collected: if not more than 90 days overdue, 2 times the tax or 4 baht, whichever is greater; if more than 90 days, 5 times the tax or 10 baht, whichever is greater.

Heavier penalty on inspection Section 114

Found through inspection or complaint: where a receipt that should have been issued was not, or no stamp was affixed at all, the full tax plus 6 times (or 25 baht, whichever is greater) is collected; for under-stamping, 6 times the deficiency; in other cases, 1 time.

Moreover, an instrument that has not been completely stamped and cancelled may not be used as the original, duplicate, counterpart, or copy in evidence in a civil case until the stamps have been completed and cancelled; such payment does not affect the separate claim for additional tax under Section 113 and Section 114 (Section 118).

⚠️ Note

Stamp duty may look small, but it directly affects whether a contract can be used as evidence in litigation, and late payment can add up to several times the tax. At signing, confirm the type of instrument, the rate, and who affixes and cancels the stamp, and fold this into your bookkeeping and compliance process. Classifying a particular instrument and its rate must be confirmed case by case—our firm can assist with stamping, back-tax payment, and compliance registration.

FAQ

Which documents in Thailand must have stamp duty affixed?

Every instrument listed in the Stamp Duty Schedule must be stamped—commonly leases, contracts for work/construction, loans or bank overdrafts, transfers of shares and debentures, and insurance policies (Section 104, Section 129). Powers of attorney, agency, receipts, and others are also in the Schedule; the exact rates follow the official Schedule.

Is affixing the stamp enough, or must it also be "cancelled"?

It must be cancelled. Complete stamping requires affixing a stamp before or immediately upon execution at a rate not less than the duty due, and "cancelling" the stamp—for example by signing or stamping the business's name on it, or drawing a line across it and recording the date; an uncancelled stamp is treated as incomplete stamping (Section 103).

What happens if stamping is late or insufficient?

For an instrument executed in Thailand, voluntary payment within 15 days from the day complete stamps should have been affixed means paying only the tax itself; otherwise additional tax is added according to how late it is—2 times if not more than 90 days, 5 times if more than 90 days (Section 113). If under- or non-stamping is found through inspection, up to 6 times may be added (Section 114).

Can an unstamped contract still be used as evidence in a lawsuit?

An instrument that has not been completely stamped and cancelled may not be used as the original, duplicate, or copy in evidence in a civil case, and can be used only after the stamps are completed and cancelled; such payment does not affect the separate claim for additional tax (Section 118).