Key takeaways
- Direct foreign land ownership is prohibited; nominee shareholder arrangements to get around it are void and carry criminal exposure.
- A registered 30-year lease (renewable), superficies, and usufruct give foreigners enforceable long-term control.
- BOI-promoted companies and industrial-estate occupants can own land for their promoted business.
Q: Is the “Thai majority company” everyone mentions legal?
A Thai-majority company that genuinely operates and whose Thai shareholders genuinely invest is legal. A company whose Thai shareholders hold shares for a foreigner’s benefit — nominees — is not: the Land Code and Foreign Business Act both prohibit it, land acquired this way can be forcibly disposed of, and the arrangement collapses precisely when you need it most, in a dispute.
Q: What do serious investors actually do?
Manufacturers buy through a BOI-promoted company or take land in an industrial estate, both of which permit ownership. Investors in commercial property layer a registered lease with superficies over the buildings. Private buyers of condominiums use the 49% foreign quota, which allows direct freehold ownership of the unit.
FAQ
Is a 30-year lease really secure?
A properly registered lease is enforceable against the landowner and subsequent purchasers for its full term. The risks live in the drafting: renewal promises, assignment rights, and what happens on the landowner’s insolvency all need explicit treatment.
Can my Thai spouse buy land we both use?
Yes, but the spouse must confirm the funds are personal property, and the foreign spouse acquires no registrable interest. Estate planning deserves attention here.