Yes – setting up a Thai company to purchase land in Thailand is still technically legal, but tightly regulated and increasingly scrutinized by Thai authorities. It must be a real, operational company, not just a legal shell created to bypass foreign ownership laws.
⚖️ Key Facts: Thai Company Ownership for Land Purchase
| Criteria | Requirement |
|---|---|
| Majority Thai Shareholding | ✅ Must be at least 51% Thai-owned |
| Foreign Ownership Limit | ❌ Max 49% of shares held by foreigners |
| Control Mechanisms | ❌ Nominee Thai shareholders are illegal |
| Legal Status | ✅ Must operate as a real business (not a shell) |
| Land Use | ✅ Land must be used for business purposes |
| Property Type | ✅ Can buy land and build structures |
🚫 Crackdown on “Fake” Companies
Thailand’s Land Department and Revenue Department have intensified enforcement in recent years. If they suspect the Thai shareholders are only “nominees” (acting on behalf of foreigners), the company can be investigated, and:
- Land ownership can be revoked
- The company may face criminal charges
- The foreigner can be fined or deported
✅ When a Thai Company Is a Legitimate Option
A Thai company can be used to buy land if all the following are true:
- It’s a genuinely operating business (e.g., hotel, resort, factory, farming)
- Majority Thai shareholders are real investors or partners
- Company maintains regular tax filings, accounting, and business licenses
- The land is being used for company operations — not just as a residence
📌 Better Alternatives for Foreign Buyers
| Option | Legal? | Notes |
|---|---|---|
| Lease land for 30 years | ✅ Yes | Can register up to 30 years (renewable) |
| Buy a condo (freehold) | ✅ Yes | Max 49% foreign ownership per building |
| Register a usufruct or lease on partner-owned land | ✅ Yes | Gives lifetime use or 30-year rights |
| Set up BOI-approved business | ✅ Yes (with conditions) | Rare cases where 100% foreign-owned businesses can own land |
📝 Final Advice
- ✅ If you’re starting a real business, using a Thai company is legal — but must be 100% legitimate.
- ❌ If your goal is simply to buy a home for personal use, do not try to use a company as a workaround. It’s high-risk and legally fragile.
- 💼 Always consult a Thai real estate lawyer and accountant before proceeding with any company-based land purchase.
