FOREIGN INVESTMENT IN LAND

There are a number of ways that a foreigner may follow to own / invest in land:

- become a Thai resident/citizen

- be the principal investor in a new export orientated Board of Investment (BOI) approved company [the current maximum size limit of freehold ownership rights is one Rai of land (1600 Sq.m.)]

- make an approved investment of over 40 Million Baht left for a minimum number of years [the current maximum size limit of freehold ownership rights is one Rai of land (1600 Sq.m.)]

- invest in a Thai private limited company. This involves the incorporation of a private limited company of which the foreigner holds 49% of the shares. The remaining 61% of the shares is held by Thai Nationals

- acquire the leasehold interest in land in the name of the foreigner. This can be done via a registered 30 year lease (residential) to the foreigner in the foreigner’s own name with pre-paid options to renew for a further two periods of 30 years each. The foreigner may also be given the option to purchase the land should the law in respect of foreigner’s land ownership rights change. Under Thai law, the foreigner can own the structure (for example a house) erected on the land.

In practice, the method favored the most by foreigners is to invest in a Thai private limited company which owns or intends to acquire freehold land. The additional advantages to such an investment is that the company is a form of business presence in Thailand for foreigners and it may be the employer/sponsor in a foreigner’s application for a non-immigrant visa and/or work permit.

Condominiums can be owned by foreigners in their own names provided the total foreign held ownership in the condominium project does not exceed 49% (some areas and projects 100%). In this case the foreigner has to remit the funds (in foreign currency) to purchase the condominium to a bank in Thailand and obtain the relevant form (in the name that is to be registered on the title deed) from the said bank with the remark 'to purchase a condominium'.



See other topics :
  OVERVIEW OF THE THAI LEGAL SYSTEM
  BUSINESS ORGANIZATIONS
  FOREIGN CORPORATE PRESENCE
  FOREIGNERS DOING BUSINESS IN THAILAND
  LAND OWNERSHIP IN THAILAND
  OVERVIEW OF THAI IMMIGRATION LAWS
  EXPATRIATE RELOCATION - VISA AND WORK PERMIT
  RESIDENCE PERMITS
  TAX