Can foreigners rent out their property legally?

Foreigners can legally rent out their property in Thailand, with a few important rules to follow. Here’s a clear breakdown to help you understand how it works:


What Can Foreigners Rent Out in Thailand?

Property TypeCan Be Rented Out Legally?Notes
Condominiums✅ YesMust be in the 49% foreign quota; ideal for short & long-term rentals
Houses/Villas on Leased Land✅ YesYou can sublet if the lease contract allows
Landed Property (Thai partner or company-owned)⚠️ Yes, with cautionOwnership structure must be legal & transparent
Hotel-style buildings❌ Not without licenseOperating a hotel without a license is illegal

🏠 Rental Types Allowed

Rental TypeAllowed?Key Conditions
Long-Term Rentals (30+ days)✅ YesNo special license required
Short-Term Rentals (Under 30 days)⚠️ RestrictedCondos may allow it, but must comply with local zoning and building rules. Houses require hotel license for short stays.
Airbnb Rentals⚠️ VariesTechnically restricted in many areas unless stays are 30+ days or licensed

🛑 Important: In provinces like Phuket and Chiang Mai, officials have increased enforcement of short-term rental rules.


📑 Taxes & Reporting

Tax TypeResponsibilityNotes
Rental Income Tax✅ YesMust declare income to the Thai Revenue Department
Withholding Tax (Corporate tenants)✅ SometimesIf tenant is a company, they may deduct and file for you
VAT❌ Not requiredOnly applies to large rental businesses (not private landlords)

⚖️ Legal Risks If Not Compliant

Risk TypeWhat Could Happen
Violating Hotel ActFines or legal action
Not Reporting IncomeTax penalties or back taxes
Illegal Ownership StructureLand Dept. seizure, null contracts

✅ How to Rent Out Legally as a Foreigner

  1. Own a condo in your name under the foreign quota
  2. Ensure lease agreements allow subletting if land or house is leased
  3. Use a licensed property manager to stay compliant with tax and reporting
  4. Declare all income yearly for tax purposes
  5. Avoid short-term Airbnb rentals in unlicensed buildings

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