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.
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TLDR : 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.
Dimitris ************
Why buy land? When you die you don’t take it with you. Lease for 99 years
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.
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.
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.
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.
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?
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Tyler *******
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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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Rollo ************************
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