
At this moment
in time, foreigners can achieve property ownership in the following
proven and effective ways under Thai law.
If purchasing
direct from land developers and land owners then property can be
owned outright with a fixed lease on land registration. For private
buyers and investors buying a single unit, the preferred options
are outlined below.
THAI
LIMITED COMPANY
For buying property and / or land.
BUYING PROPERTY / LAND - LEASEHOLD AGREEMENTS
For buying property and / or land.
BUYING A CONDOMINIUM
For buying condominium as an individual.
THAILAND BOARD OF INVESTMENT (B.O.I)
For larger, corporate investments
in hotels and / or resorts.
*Please note,
foreign investors cannot own Thai land 100% as an individual.
BUYING
PROPERTY / LAND - THAI LIMITED COMPANY
The most popular
structure of land purchase for foreign investors is through a Limited
Liability Company. In Thailand, a Limited Company is considered
a Thai Juristic Entity and can own land and property.
A foreign investor
may hold 39% of the company shares at the time of the initial land
transfer increasing to 49% when the company owns the land. The foreign
investor may then elect to legally become the only director of the
company, this ensures that any and all dealings of the company and
its assets are within the foreign investors control. Top
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BUYING
PROPERTY / LAND - LEASEHOLD AGREEMENTS
Leasehold Agreements
are another option for the foreign investor. Leases are usually
for a period of 30 years with two further prepaid options for renewal
giving a total of 90 years. Clauses allowing freehold
ownership are written into the agreement thereby allowing a freehold
ownership should Thai law alter to allow foreign ownership of property.
Also included
in the agreement are clauses covering the right to sell, sublet
or transfer the lease agreement making a leasehold purchase a viable
option. Top ^
BUYING
A CONDOMINIUM
Purchase of a
condominium must be 49% or less foreign ownership in any one complex.
At the present time the funds for a foreign investment
purchase must be paid from a bank outside Thailand. The
procedure is simple. Using a Foreign Transaction Form, funds are
transferred into a Thai bank account opened in the name that the
condominium is to be registered in, allowing the bank to record
all transfers of funds.
At the time of
transfer the prospective owner receives a certificate of ownership
called a "Chanote" detailing
all rights the owner will have to common areas within the condominium
complex. Transfer is not completed until all outstanding
debts are paid by the previous owner. This ensures the foreign investor
does not become liable to any monies owed prior to ownership transfer
as has been the case on mainland Europe. Top
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THAILAND
BOARD OF INVESTMENT
For corporate
investments, particularly within the hotel and resort industry,
the Thailand Board Of Investment (B.O.I) offers unique incentives
for outright control of your business in Thailand. First-One Property
has it's own legal consultants who are specialist in B.O.I applications.
* Minimum requirements are hotel to have at least 100 rooms. Top
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For further details please contact
us.
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