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Source of Funds Issues When Buying Thai Property

Transcript of the above video:

As the title of this video suggests, we are discussing source of funds in the context of Thai property purchase.

A recent comment on our channel I thought was noteworthy. Quoting directly: "My understanding is that when you buy a property in Thailand via the setup of a Thai Company, the funds do not need to come from abroad, correct?" Well the answer to that question is it massively depends on the situation; the circumstances; what type of property it is. It is not a foregone conclusion that a foreigner can use a Company explicitly for the purpose of buying Thai property. In fact quite the opposite. The presumption of law, under Thai law is that foreigners are restricted from buying Thai property and using some type of subterfuge to get around that restriction, specifically when we say Thai property, we are talking about real estate, land specifically. When a Company is used as a subterfuge that could be, if it is not correctly set up, and if it is not correctly maintained and it doesn't adhere to the proper compliance it could be deemed to essentially be illegal and even dissolved and the property could essentially escheat to the state.

The long story short on that is yeah, it massively depends on the situation. It depends on if the holding company is buy a condo or land and then again it depends on the circumstances. So for those who are unaware, foreign nationals can own a Thai condo in what is called freehold title. They can gain Chanote title, the full title deed. They can own it in their own name but one of the requirements under the Thai Condominium Act is that the funds need to come in from abroad so source of funds becomes an issue because you need to prove up that the funds came in from abroad so that the overall transaction complies with the Thai Condominium Act. So again a lot of presumptions made in that question. The Company set up for Thai property ownership is something that needs to be done strictly in compliance with Thai Law as is conveyancing of a Thai condominium.