Thai Company Ownership

You may come across the option of buying land through a Thai limited company. This is a long-standing structure in the Thai property market, but it is one that deserves a clear-eyed explanation rather than a sales pitch, because it carries real legal and regulatory considerations.

How It Works, in Principle

A Thai limited company can own land in Thailand in its own right. Historically, some foreign buyers have set up a Thai company, in which Thai shareholders hold the legally required majority of shares, with the foreign buyer as a minority shareholder and often a director, in order to gain effective control over land held by that company.

Why This Requires Real Caution

Thai authorities have long scrutinised company structures that appear designed primarily to let a foreign individual control land in a way that circumvents ownership restrictions, particularly where Thai shareholders are “nominees” holding shares without genuine investment or business purpose. Using nominee shareholders in this way can expose both the foreign buyer and the Thai shareholders to legal risk. A Thai company structure should only ever be set up for a company that has a genuine business purpose and genuine Thai shareholders, structured and administered properly, with ongoing corporate obligations such as accounting, filings, and taxes taken seriously.

Points to Weigh

• This is not a simple workaround for the general restriction on foreign land ownership, and should never be presented or treated as one.
• A company structure brings ongoing costs and obligations: accounting, audits, annual filings, and corporate taxes.
• Leasehold, condominium freehold, or the other structures on this page are, for many buyers, a more straightforward path.

Because this area carries genuine legal exposure and the rules are actively enforced, please do not set up or invest in a Thai company structure for land ownership without thorough, independent advice from a licensed Thai lawyer, and please talk to our team about the alternatives first.