Answered5 years ago
Can Americans buy land or property in Thailand through a privately owned company?
Are there any Americans in this group who have used their privately owned company to buy land/property in Thailand? I am curious about the process. Thanks in advance.
Answer summary
The discussion revolves around whether Americans can use their privately owned companies to buy land or property in Thailand. Most comments suggest that direct ownership of land by foreigners is prohibited, while businesses can own property. However, a significant point of concern is the distinction between having a genuine business versus a facade for property ownership. The Treaty of Amity allows for 100% American ownership of companies, but these companies are generally not allowed to own land. Instead, it’s noted that Americans can own condos under certain conditions or lease land. There's an overall sense of caution regarding the complexities and potential legal risks involved in property ownership for foreigners in Thailand.
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Dr #D42AEmail was verified
Short answer: no, an Amity company can't hold land. The treaty gives Americans national treatment for running businesses, but it expressly leaves out the exploitation of land (Article IV). The Land Code treats a company with more than 49% foreign capital as a foreigner [Land Code s.97]. A Thai subsidiary owned by that company is caught too [s.98].
It also isn't a "gray area." Land held through a Thai company on a foreigner's behalf can be ordered sold, and acting as the nominee is a criminal offence [Land Code s.96, s.113].
One correction to the thread: a lease is capped at 30 years [Civil and Commercial Code s.540]. A "30+30+30" or "99-year" lease is 30 years plus renewal promises, and those may not bind a later buyer of the land. The lawful routes are a registered lease, a superficies (you own the house), a usufruct, or a Sap-Ing-Sith. Details here: https://proviso-consulting.net/insights/can-foreigners-own-land-in-thailand
Raj N. #D4DFEmail was verified
Thanks for the clear explanation, Dr. It's good to know the legal risks and that trying to use a Thai company as a proxy can lead to serious trouble. Better to stick to condos or leases for foreigners.
Dimitris ************
Why buy land? When you die you don’t take it with you. Lease for 99 years
Jeff **********
@Dimitris ***********
@Dimitris ***********
@Dimitris ***********
You can lease only for 30 years, but under current rules you can renew it twice, if the other parties are willing. That's a total of 90 years.
Tyler *******
OP@Dimitris ***********
thanks I am exploring this option as well. 
Maxy ******
Thank you for the information
Chris *******
As a foreign you cannot outright buy any land, if you have a thai company (51 per cent thai) and you hold the directorship to control the company.
You can purchase a home outright and leasehold the land.
In Thai you cannot separate a house from the land, so once it's built and you have a leasehold for 30 years. It is a relatively safe situation.
As for let's say a Condo, If the foreign ownership quota is available you can purchase "foreign freehold " or again thai company to get around that quota.
All things like this are risky for a farang, we do not have any real protections there.
You can purchase a home outright and leasehold the land.
In Thai you cannot separate a house from the land, so once it's built and you have a leasehold for 30 years. It is a relatively safe situation.
As for let's say a Condo, If the foreign ownership quota is available you can purchase "foreign freehold " or again thai company to get around that quota.
All things like this are risky for a farang, we do not have any real protections there.
Tyler *******
OP@Chris ******
thanks, that’s exactly what I was looking for. I did a ton of research before starting my last company in Thailand and the lawyers still told us completely different info. Hahaha you know how it works. Chris *******
@Tyler ******
just an FYI, I speak from experience not just something I read.Tyler *******
OP@Chris ******
Thanks for this info, I'll look into this more. I appreciate the help!Michael **************
I believe that you will need to hire Thai’s to work for you also business needs to file each year.
I look into it once and it was more of a pain in the ass
Just rent better off
I look into it once and it was more of a pain in the ass
Just rent better off
Michael ********
@Michael *************
read the post for a start, i believe the guy is aware of the agreement and that as an American he can own a business 100 % in Thailand. However as part of that agreement these companies cannot own land.Michael **************
@Michael *******
I don’t think you know what you are talking about. Read between the lines.
If it was so easy don’t you think more would do it
Michael ********
@Michael *************
again blabbing off about something unknown to you and off topic.Americans can own buisnesses 100 % without all the things like hiring Thai staff.
Please read the below wikipedia article on the agreement between the US and Thailand
********************************************************************************
%E2%80%93United_States)
Stephenie **********
My rule of thumb is own nothing, rent everything
George *************
Businesses can own property. Foreign-owned businesses can own Thai property. A potential problem arises if the sole reason the business exists is to own property. In other words, how much camouflage is necessary to make it appear that the business is more than just a legal way for a foreigner to own property. Definitely a gray area. Whether it will be actively investigated in the future I don't know but I would be wary.
An individual can legally own a condo unit freehold in their own name under the Condo Act. That's well established.
Interestingly foreigners can own buildings in their own name, just not the property under the building.
An individual can legally own a condo unit freehold in their own name under the Condo Act. That's well established.
Interestingly foreigners can own buildings in their own name, just not the property under the building.
Tyler *******
OP@George ************
thanks, this is kind of my understanding so far as well. We would have a legitimate business running, but I am unsure if there are any revenue requirements or any other potential hurdles we would run into when it comes to immigration checks. Not sure if they even check finances, or if they just come check the business out?Michael ********
Think I read that the treaty of amity which allows Americans to own companies, doesnt allow purchase of land with that company.
Rollo ************************
A very good question to which I have no idea 💡 but will follow. It would be my hypothesis (from my travels around the globe) that you wouldn’t be able to buy any immovable property w/out a Thai National or two being involved (outside of a condo). The point is to save the land and resources for their people unlike America where we sell 🤬 down the river to every Tom, Dick, and Hairy- 🤷🏾♂️ As regards moveable property like cars and the likes, I would think it would be pretty easy and straightforward. That’s my guess and 2 baht anyway. #Following
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