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The articles below provide an excellent overview of important legal issues for foreigners with short-term and long-term plans for investment in Thailand.
 
  Lease by foreigners
It is legally permissible for a foreigner to lease land under a 30-year lease agreement and then build on that land..... more
 
  Land Code Amendment Act

The Land Code Amendment Act (No.8) B.E. 2542 (1999)..... more

     
  Land Purchase by Thai company
Thai law permits the purchase of land through a partly foreign owned Thai company structure so long as the maximum foreign shareholding does not exceed 49%..... more
     
  Nominees
Foreign owned companies in Thailand are set up as majority Thai owned companies to be classified as Thai companies..... more
     
  Foreign Business Act
The Foreign Business Act B.E. 2542 (1999)..... more
     
  Land purchase by a Thai national married to a foreigner
The procedure for the acquisition of land by Thais having spouses being aliens, either by lawful marriage (with proper registration of marriage) or unlawful marriage (without proper registration of marriage) and children of aliens..... more
     
  Tax package to stimulate economy
In order to boost the real property sales business and the real property development business, the Thai government has granted temporary reduction on specific business tax rate from 3.3% to 0.11% on gross sales..... more
     
  Due Diligence checklist
The land title deed needs close scrutiny and the seller must provide complete copies of the title deed (s) to the land.... more
     
  Land Title Deeds
There are two types of rights to private land: The first is the right of possession (possessory right), i.e. people who possess and use the benefit of land will have the right to possess such land under the Civil and Commercial Code..... more
     
  Land purchase with Thai nominee owner
A foreigner may help a Thai national to buy land (e.g. the purchase is funded by a loan issued by the foreigner)..... more
     
 

Buy, sale and transfer of a Thai house or building

When a foreigner buys a property in Thailand, the land part is generally sold under a leasehold agreement (as foreigners can't own the land) and the house is sold freehold separate from the land...... more

     
  Land Office guidelines
Referring to the guidelines of land ownership set up jointly by the Land Bureau and the Ministry of Interior for legal entity which has foreign ownership..... more
     
  Business Registration rules
Pursuant to the Order of the Business Registration Office No. 1/2538 Regulations for the Partnership and Company Registration B.E.2538, dated on March 13, 1995 (BE 2538), stipulates that the person, who desires to register a partnership and company limited, is subjected to submit the application form and the supplementary document complying to the appendix of the aforementioned Order.... more
     
  Land Purchase by a foreigner
According to Section 86 of the Land Code, an alien may acquire land in Thailand only by virtue of the provision of a treaty providing him with the right to own immovable property.... more
     
  Duties Company Limited
Thailand is not a tax free environment and Thai companies have normal reporting requirements and cannot be a special purpose companies (e.g. simply to hold land)..... more
     
  Hire of Immovable Property for Commerce and Industry by Alien
In general, an alien may hire land in Thailand as provided by the Civil and Commercial Code and the contract of hire cannot exceed thirty years thereof. Once the contract comes to an end, it can be renewed, but it must not exceed thirty years from the date of renewal..... more
     
  Building and Land Tax
For individual land owners if they lease out their property Building and Land Tax shall be collected at the rate of 12.5% of the yearly rental according to the lease agreement or the annual value assessed by the Land Department, whichever is higher..... more
     
  Land Code Act
Act promulgating the Land Code Act B. E. 2497..... more
     
  FBA amendments: fact sheet
To deal with the nominee problem voting rights and control were proposed as a additional criterion in defining foreign ownership..... more
     

 

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