*Alright so I want to know what the foreigners are doing to buy a house in thailand, im looking to buy an actual house house, not an apartment, in or around pattaya. Since I will not be able to finance it I will be paying for it in cash I have heard of people starting and putting it in a company name which sounds ideal from multiples perspectives. Im going to be getting an education visa for 1yr but have heard people doing the SMART visa and just doing a simple phone app for a business is all it takes... Perhaps the smart thing to do would be set the phone app company up to own the house and use that as well as the operations base? im to young for retirement visa so combining the house and this business for a visa seems like it would work great? anyone doing this? thoughts?*
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TLDR : Answer Summary
Foreigners face challenges when attempting to buy property in Thailand, as they cannot own land outright. While purchasing a house is possible, it often requires complex arrangements such as establishing a Thai company with at least 51% Thai ownership or entering into a long-term (up to 30 years) lease agreement, which may not guarantee renewal. Numerous comments highlight the risks of circumventing legal stipulations, especially amidst increasing scrutiny by Thai authorities. Suggestions include renting property or investing in condos, rather than pursuing direct ownership of houses, especially given the implications of limited visa options.
I have a couple of phone app ideas. 1 would be relatively cheap to make, the other would be fairly expensive to make.
Paul ********
The company must be trading š¶
Steve *******
You seem to be in a dream. But weren't we all. Buy a house when only getting a one year visa, Ting Tong man. You may be able to own the house, never the land.
As for doing it through a business that is an old process which is illegal now. Recently over 300 foreigners done for doing this.
Try doing things within the law and rules. It's surprising how easy it makes life
Steve **********
Steve Pitts let him be !
Have watched so many farang ' have great idea' over the years.
They gotta-learn-da- hard-way.
Reply to
Steve **********
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Paul ********
Why would you want to commit to buying a house when you would only have one years visa, and to buy it you would have to risk doing it illegally and losing everything?
Steve **********
You'll never own a house here. Your wife can, or you own the wood, roof, tile, she owns the land.
you canāt be half owner of the land, or you have to make a company (51% Thai). But you donāt give 51% on Thai, but divide it to5 Thai with 10 or 11%, and itās important they donāt know each other. If you donāt make a company you only can lease the land for 30 to 60 years.
Reply to
Janin ******
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Matthew *******
Donāt do it
Garry ********
You have a long way to go and a lot to learn, good luck, š
it looks to me that the roi on stuff Iām looking at in the 100-140k usd range rents for about what a typical mortgage would be. Ie better for most people to just rent in this case but Iād rather buy and get out of the collapsing dollar.
Wrong again. Condominium is an ownership structure not a type of building. Mine is a house.
Reply to
Richard ********
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Janin ******
Yes they can
Rikki ********
I lived in Thailand for 20 years and foreigners could not buy a house...... Although there were sometimes special treatment given to Americans foreigners could not buy a house..... Because a house sits on land and foreigners are not allowed to own land
Rent the land and buy the house. So everything can be in your name.
Tin **********
Rent for a bit
Gianni ******
Another one bites the dust
Christopher *************
Rent the property you want and keep the lump sum you would of payed invested earning you good interest that pays your rent , keeps you with total flexibility
irrelevant if your living in Thailand and I get 12 percent interest a year on investments so inflation after covid was always going to be high and because of brain dead putin ,,, your point has no relevance
woah, ok whats the typical investments in thailand? Im making 5.1% is the absolutely best on my money here in usa. Don't want to be in the stock market in any country.
Don't buy anything your only guests here and can lose the lot easily
David ********
Keep cash in property in your home country and rent it out at least you get capital growth in most countries not guaranteed it Thailand Iāve lived here in rented 5 years have a house I donāt even rent on the Black Sea coast and not seen it in 3 years should sell it and buy here but Iāve always said if you buy property abroad use money you might loose n Iāve had 3 houses abroad all bought cash
Capital growth severly depleted by tax, upkeep and CGT! subtract further the rent you've given to someone else and I'd be surprised if you emerge from that lot on top!
David ********
You would be very surprised then mainly commercial full repairing 25 year leases 21 non payment ther out mot station car pitches š„
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David ********
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Mui **********
You can own the house and condominium, but you cannot own the land.
Many cases use the Thai company to own it, but here is a thing:
1. You can buy a land as a company name for BUSINESSES purposes or the company has AN ACTUAL income/revenue, setting up the company to just own the land is risky.
2. You still own the company and the land just 49% , the rest 51% is Thai.
Michel *********
On est de passage sur terre alors louez....
Mar *****
I donāt know about buying an actual house but I do know you wonāt own the land from what I read.
Narong *******
30 year Lease is Not good.....You can't Resell the house ...IS NOT YOURS you can only live in it. What if after few years you don't like it any more? NOT GOOD in my opinion.
who'd want to buy a house when the land it is on is owned by someone else? Only a fool in countries that don't have water tight protection for the property owner.
, I know more people who bought a house than people who rent. With rent you have nothing, buy and you have a chance to get some of your money back, simple !
hmmmm... U can sell maybe the remain of the he lease but has to be to another farang.... Not easy I think.. Coz legally the house is not fully yours only the 30 years lease.....
hmmmm... Interesting... I mean there are ways to sell it of course... But it depends.... What agreement u have and who is the actual owner.... As they say NOTHING IS IMPOSSIBLE š
, everything legal, with Thai/English lawyers. For the owner of the land is that a benefit. He can (if you go before the 30 years chanote) ask twice the price of the plot. I am sure they never refuse. But itās not the only way ,new buyers can also take over the land lease from you. (If owner agrees)
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Janin ******
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Des *********
Look at a long term 30 year lease
Tom ********
Unless your last name is MCDonalds good luck.
Menno *******
If the rent is 6% or less of the property value it is cheaper to rent. Put all your money on the stockmarket and rent.
Aaron *******
Why would you buy a house, when you don't have a long term visa. Setting yourself up for loss and heartbreak. RENT.
Jim *****
Rent
Oliver ********
Given low rental yields = relative value of renting; lack of planning restrictions = unlimited supply of new real estate; and poor construction standards combined with local preference for new builds = potential for rapid capital depreciation, it generally makes much more sense to invest your capital elsewhere and rent in Thailand - then you can move to a brand new condo project / gated community with new facilities every few years, and not worry about having your money tied up in a legally questionable investment in a country that, despite being amazing in so many ways, is still quite backwards in the rule of law.
Oliver *****
Rent, lease, donāt buy.
Buying is a lottery in legal terms in Thailand.
You could be fine, but if you fall fowl of the law for some unrelated reason and maybe not even your fault, the Thai authorities can investigate everything you own with a fine toothed comb. They will keep looking till they find something they consider wrong, then the headaches begin.
The best recent example of this is the Swiss guy who kicked a lady for sitting on the steps to his house.
Yes a stupid thing to do, but now his house is owned illegally, and part of the house doesnāt have the proper planning permission apparently š¬
Paul ********
I feel you are getting a little out over your skis in multiple areas simultaneously.
What you need is a really good law firm that will give you honest advice and risk assessment. The advice you receive from Facebook lawyers is worth a bit less than what you paid for it.
Thai Immigration is currently doing a well-publicized crackdown on foreigners who push the limits of legality, and without extremely knowledgeable legal help, I fear you could find yourself in a world of hurt.
There are several good law firms - I recomend Integrity Legal in Bangkok.
Only my opinion, but not a chance. There is no benefit to any Thai persons or institutions from the foreigner activities currently experiencing heightened scrutiny.
But the agent system benefits many Thais. Sooo. . .
And earn the undying hatred of the powerful who currently benefit from the system? It would be suicide.
Jeff *******
Perhaps but Anutin's hatred of all things foreigner would overcome that. Thailand is trying, again, to attract the 'better off' expat, see the LTR visa for further evidence. Eliminating dodgy agent facilitated extensions could make giant leaps down that path. Again only my opinion but it wouldn't surprise me at all if a crackdown came for that very reason. It's low hanging fruit.
Any special reason you need to buy a property? 30 year lease is a good option but if you want to leave it for someone then the house is not yours anymore. Just a thought
to have the equity and get out of the tanking USD.. that 150k is worth a real nice house today, 5yrs from now that 150k will maybe get a crap apartment
Reply to
Eric *******
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Robert **********
Find a Thai lady that owns her own home, car, business etc and move in with her. There are thousands of them. Keep your money in your bank.
I have a friend in Thailand Thats Exactly That, well she is 55 but looks good, owns a couple pieces of land and her house is on 3 Rai, newer build with nice wall around entire property, Cleared and clean, every moron she talks to is a scammer she tells me, or want to see her bit's after 2 minutes of talking
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Jim ********
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Leo ******
Meet a bar girl and marry her and buy a house 51% her and 49% you.. They're all pretty helpful.
Open the company and get the visa. Build the phone app and make the company rent somewhere for you to live so as to reduce your taxes.. Property in Thailand isn't an investment at all..
What is your budget? Thereās currently a luxury villa project being built in Pattaya and if you purchase one it includes an elite visa + can be put in foreigners name. Prices start at $340k usd
Av **********
Have a Thai child and put in the kid's name and make a paper saying u can live there forever rent free.....
Jason ********
You need to find a land owner that will ground lease to you. Then you can put a house on it. Unless written otherwise the house will revert back to the land owner. Itās called usufruct as well as bifurcation on title. Youāll need an attorney to draft documents and negotiate the provisions. Youāll most likely have to build the house.
Companies registered with 51% Thai shareholders (Nominee), and 49% by 1 or more foreigners are currently all under investigation by CIB, because they cannot be managed by a foreigner director.
What it means, creating a company with the entire assets of one or more foreigners are not legally 100% rightful owners of the business, land or houses under Thai law.
Be very careful to get good assistance from an great accountant + lawyer.
The best recommendation is LONG LEASES 30 + 30 Renewable.
OR APARTMENTS FREEHOLD you are the 100% legitimate owner of your property.
no such thing as 3*30 lease, under Thai law only 30 year lease is recognized and enforcable.
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Jarek ************
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Neil ********
You can have a 30 year rolling lease x 3 ( 90 years) if you buy new or take over a lease. Fre3hold as stated will have to be Thai owned or Thai company owned (min Thai is 51%)
nope. A rolling lease is not enforceable under Thai law.
Reply to
Tony *********
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David **********
Lease long term
David **********
Lots of people will try to convince you to.try to circumvent thai property law in this way. But it is illegal. The business must be legitimate and have reason to hold the land. Just the way it is here.
it is not illegal in Thailand for a company to hold land as its sole business purpose. The question is whether the company structure is legitimate or not.
the idea is that if the Thai shareholder decided he didn't want to renew the 30-year leases, the foreign company shareholder would vote against that because the foreign owners obviously wouldn't agree not to renew their own leases.
before the Thai becomes a director and shareholder of the company you will have already prepared the company shares to be issued in terms of A and B shares or preference and ordinary shares which would give him minority voting rights.
but why would the Thai make a problem. He would have signed up to be a nominee because you are prepared to pay him a monthly salary. He's not going to do it for free. So to be a nominee he's getting money for nothing. That's the deal. You find a Thai and say I need you to be a majority shareholder of our company. Sign these papers which will make you a director and I'll give you money every month. The Thai shareholder won't play any active part in the running of the company.
however as I said in a previous comment it is perfectly legal for an offshore company to be a shareholder of a Thai company which counts as one foreign juristic entity no matter how many foreign shareholders there are of the offshore company. You can structure it so that the voting rights of the foreign company are greater than the voting rights of the Thai shareholder therefore out voting the Thai shareholder at board level. I've been involved in such structures with gated communities.
almost any lawyer will take one's money to setup a BS company and file taxes due and say all will be fine. However when the boys knock on your door you better make sure you can prove that the company is actually operating and wasn't setup just to circumvent the ownership regulations. Ask any lawyer to give you personally guarantee that nothing wrong will go with such setup and see what they say. Yes, tons of people have no issue with such setup, same goes with the drivers speeding and not getting caught, all is fine till one day it isn't.
'almost any lawyer'..... you mean the people with the deepest understanding of the legal system and fiduciary duty to their clients at risk of losing their hard earned career? Those people? I Don't think you have really thought that through. 'When the boys come knock on your door' šš¤£š¤£. Which 'boys' are you referring to? Are they doing a lot of door knocking in your 'hood? Ur gonna need to upgrade your understanding quite a bit here
please give me contact info of a lawyer that tells you such setup is legal in TH? I had a meeting with couple of reputable law firms in Thailand and both said the same thing, that while such setups are possible and done by many they are still technically illegal and that is the end of story... As to the boys, you didn't hear of the recent investigation into such setups in Phuket?
you are correct. The same goes for renewable 30-year leases. While they are not illegal they are not enforceable under Thai law. I used to be very involved with this and I had a direct meeting with the head of the Phuket land office through our legal team to once and for all interpret the exact Thai wording and its translation. And what emerged from this was very clear. You have the option to renew a 30 year lease but not the right even if you have made another lease for the future backed up by a contract and some money, if the landowner doesn't want to renew the lease regardless of any other agreement, it is his right not to renew. End of story.
use Google search bar for āreal estate lawyer Thailandā. Give any one of them a ring and ask them to set you up. Or go back to your own āreputableā lawyer and ask them to set you up.
Nope - didnāt āhearā of the recent āinvestigationā. As there is nobody whom will be doing an āinvestigationā which can change anything.
something somewhat relevant to the discussion would be ideal lol. What are you even thinking? What exactly is your point here? Just to bring you up to speed, the discussion is about how the poster can accomplish land ownership in Thailand. So any more posts you dredge up about massage parlors in Phuket will continue to be useless.
, because so many give illegal information, and itās not only in controlled in Pucket, also Chiang Mai , Bangkok and Pattayaā¦..even in Koh Samuiā¦and this is not lolā¦
you donāt have āfollowersā because you have nothing relevant or interesting to say. Your friends seem to have abandoned ship also. Canāt say i blame them
, you think you are a big man, but for me you are lesser than Zero. If I see your posts with 20 likesā¦5555, you are sneaking around on my fb you see the difference 5555ā¦and as I say I donāt answer anymore to lesser than zeroāsā¦
A fiduciary duty is a legal obligation to act in the best interest of another person or entity. The person with the duty is called the fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary. Fiduciary duties include duty of care, loyalty, good faith, confidentiality, prudence, and disclosure. This means they SHOULD tell you that company setup to circumvent ownership laws is illegal.
yes, agreed - that is indeed the perceived problem. That the rules are being skirted by the nominee shareholder structure. Essentiially though, there is some form or similar issue in every nation. And it's next to impossible for lawmakers to stay ahead of the theoretical risk takers and rule benders. Could the rules be tightened in the future? Sure - it's possible. But then on to the next move for the risk takers
as you know there are many laws on the books but they're not necessarily enforced. I think it's highly unlikely the government would invalidate every property structure that uses Thai nominees and thereby completely destroy the property market for foreign buyers. It's not going to happen.
But there is a downside. I know of foreign buyers who purchased very expensive ocean view properties 20 years ago who cannot renew their lease and therefore cannot even sell the property because nobody is interested in buying a property with only 10 years remaining on the lease. So it's gone.
yes, agreed. And 'highly unlikely' would be vastly understating it. It's definitely not going to happen. And also agree that if one survives towards the end of the 30 year lease, their options may look very bleak indeed. But they will have gotten those years of use out of it and hopefully the amortized cost works out reasonably well in their favour. But not all will do so for certain.
the wise ones would have been compensated by getting substantial rental income from the property over the years since most owners I know don't live here full time. The rental market has had its good times and bad times.
also true i suspect. Many using those types of assets for rental income. And had likely done well pre-covid if in the right area. So they might come out well after all
Actually a double-problem as in who is the Thai nominee. So often people nominate the Thai wife ................................... so come the divorce!!!!
it's not irrelevant if the Thai nominee shareholder in order to finance his purchase of the company shareholding is given the money to do so in a brown envelope. I have seen this enacted by people with the deepest understanding of the legal system and fiduciary duty to their clients at risk of losing their hard-earned career. Having a nice office with your lawyer sign outside doesn't mean you're not a dodgy lawyer. And there are many. Let's just say we don't have the same standards here as you may have in your country.
I have set up structures like this for projects where the majority shareholder is a Thai nominee of the land owning company and a BVI company as one foreign juristic entity is the minority shareholder. The owners of the properties in the gated community are shareholders of the BVI company and it is this BVI company which has a 30-year lease with the landowning company. The way to get around the 51% majority Thai shareholder having control is to issue ordinary and preference shares which gives the BVI company majority voting rights thereby ensuring they would never veto their right to renew the 30 year lease upon expiry. In effect this means that the lessee's have a lease with themselves as the lessor.
wasn't there a court case recently in Phuket that ruled that this structure was intended to circumvent the 30-year limit on leases? I remember the ruling said that the lease was canceled but then I never read any follow-up.
I'm a bit out of touch with this business now so I don't recall that case, but it is definitely designed to circumvent the rule on leases. There's no doubt about it, but the question is will they really do anything about it. There's so much capital investment tied up in properties in Phuket. I can't imagine they're about to exact a wholesale disruption of that market.
1/phuket-courts-void-ecured-leases-used-by-foreigners I don't know if the Supreme Court has ruled on it but I imagine at least some Land Offices stopped allowing the lease registrations. I used a similar structure as a lawyer (consultant) in Chiang Mai 25 years ago.
so your smarter man is now facing tax and CGT when they come to sell in the UK whilst donating money to a home owner in Thailand - your definition of smart needs some work.
the smartest man goes where opportunity knocks. Wherever that is. It's not hard. And your home country is heading for a dumpster fire in real estate. Get out while you can
definitely wouldn't take advice from someone who tells people it's good to buy in Thailand.
As for Australia's market im okay thanks. Wasn't asking for advice. I'm very well diversified but for the average joe blow it's far better to avoid Thai. If you think otherwise you are clueless.
yes - one would sure want to be diversified. The AUD is down 30% to the USD in the last decade. Not exactly a way to preserve long term wealth.
Someone has given you the impression that real estate in Thailand (especially tourist zones) has been a bad investment? Huh. Keep taking your advice from them
Paul Lunney I'm just saying that Lawyers are always capable and willing to try and twist words to suit their case. I've seen it personally in the past. I wish you all the best.
lawyers are all shitbag weasels where Iām from, figuring it surely is the same here and Iād get the truth for those whoāve done it
Reply to
Eric *******
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Richard ********
One problem solved and 100 problems added!
Lee ******
Paul Lunney You definitely have a lot of money mate, but not so much of the other stuff š³
Colin *********
Paul Lunney I hope that your ex-wife cannot see you on Facebook, even through people she knows. Posting so much info on social media is not a good idea. If your ex-wife has had any access to what you've posted, it could possibly be used against you.
Matt *********
Paul Lunney Hugs, stay strong
Bluda ******
Paul Lunney Wondering if better to mortgage 90% of house in her name, that way you only pay 10% of own money.
John ********
Paul Lunney all you can try to do is save the rest of the homes from her in court, but you have put them in her name, you say that she agreed not to sale them and is this in writing signed by you and her with a solicitor
John ********
Paul Lunney
has she gambling addiction this is a big problem with the thai woman they love to play cards
John ********
Paul Lunney you have to get rid as soon as possible
John ********
Paul Lunney I have had the same problems with my now X Wife she remortgaged one and the one on the family land that I paid for she now lives in the best thing I did was to divorce her, and moved to Bangkok
Mark ******
Paul Lunney Yeah, that sucks. So many bad outcomes out there, both here and abroad. Although "not romantic", legal protection for these occurrences are a must.
John ********
Paul Lunney been there as well mate if you have built a house on the family land you are going to have a problem
Joe ********
Paul Lunney Good luck - though laws globally tend to favor Biological Mother's mostly at time of divorce...
Joe ********
Paul Lunney never trust a Pastor's daughter...
Eileen ***********
Paul Lunney itās all that Gucci and fast cars madness. Just try not to do it again.
Paul ********
Paul Lunney Very sorry for your loss. I experienced something similar decades ago in the USA, so I understand your pain.
I wish you success in court.
Paul ********
Paul Lunney There are ways around this risk with a proper contract, but those I know who have done it are extremely experienced and work with a good law firm. Even then though, not without risk.
Pastor's daughter? They're the very worst. Much better off with a bar girl.
Eileen ***********
Paul Lunney how long did that take to fleece you?
Todd *********
Paul Lunney totally understand. It's a bit unimaginable of an arrangement for me. I hope you can retain control
Marriage anywhere is a gamble. My Thai wife has bought and sold plenty of land the last 3-4 years (I finance). Profits of 6M went to build our house, which I have a lease on for 30 years. Most unmarried foreigners where I live use the company establishment route that could be problematic one day. However, if OP is tying a legitimate business to the ownership of the property that seems like a more legally sound solution. Houses will always sell in popular locations, at the right price.
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Mark ******
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Brandon ************
Foreigners cannot own land in Thailand. Anything you do to try and get around this law is also illegal because it's allowing a foreigner to own land in Thailand. There's a lot of crackdowns going down right now on exactly this. You can legally buy a condo (as long as more than half of the units in the building are owned by Thai citizens). You can legally buy a house but you cannot own the land the house is on.
You can legally own 49% of shares in a LTD., company and the assets (house) can be the asset of the company, including the land. Been there, seen it, done it.
it's still illegal to form a company with the intention to own land. This company must do some legal labour and employ Thai people. If the company is just an empty shell, it is per definitionem ILLEGAL. You call yourself a law expert? How naive!
does "the news" always get it right, report the facts as they are without bias or distortion? Often they'll either exaggerate, distort or leave out facts to sell their 'product'. It happened just recently, with a 'preview' of a TV News story where I live. In saying this, I'm not taking the side of those who you have replied to, just pointing out something that does happen.
heres an example of one thats near top of my list... so I or my company can own the house but not the grass under it? thats ok with me as long as I can still sell the house itself in 5 or 10yrs incase I want to move or upgrade.
you'd need to find a house that's on land that the landowner is willing to sign a long term lease for the land. The longest allowed by law is 30 years.