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I Thought Foreigners Can Own Houses in Thai Companies?
Transcript of the above video:
As the title of this video suggests, we are discussing, well we are discussing Thai home ownership, Thai property, specifically being owned in a Thai company. We have discussed this at length in other videos, I will get into the analysis on that in a minute. The reason I thought of making this video, I recently read a comment on our channel, quoting directly: "I am sure you have touched on an element of this in the past but maybe not in full. I have been told by a few of my friends on the market to purchase a house, that a foreigner living in Thailand can "own" a house on paper through ownership of a Company. I personally don't think any of this is possible. Nonetheless, there could be some confusion going on making a good video topic."
Yeah, I have been discussing this for a long time. Long story short is, no that is not ownership. Yes Corporate Companies can own land just like they can own land in any other jurisdiction but there are Thai legal provisions and we have done videos on this before, there are Thai legal provisions which forbid foreign nationals from owning land in Thailand, real estate, period; end of discussion. Every time it comes up, anytime it has come up that I have been here in discussion to change that, it's gone away. It does not occur. So again legally no foreigners cannot own land. Yes a Company can own land; yes a foreigner can be involved in that company in a minority position especially if the corporation is a landowner. That does not translate to ownership. That is simply what it is, a minority position within a corporation that happens to have real estate as one of its assets, it's not ownership in any stretch, any way of the word. Moreover, it goes even further because there are investigative apparatuses here in Thailand that do look at whether or not foreigners are using things like companies to essentially circumvent the law on restriction of foreign ownership of Thai property, Thai real estate and we've done the videos on this in the past. Some of these places get raided and things and when it happens, they dissolve the Company and they take the land back, basically what they do. That is a bad deal.
So again there are structures that it may be possible to set up wherein a foreigner has a say in for example a Company that may again have real estate as an asset, but you need to be really, really careful with that; you need to make sure the formalities are met; you need to keep a good eye on Thai Law and Thai Law enforcement policy with regard to that because it can get you into some real problems most notably if nothing else, just a total loss of one's investment. So again understand there may be limited circumstances I oftentimes see it, as I have discussed it, sort of my shop house model where you see a married couple and they are running a little business out of the shop house. Maybe they have some kind of legal set up or through a corporation that provides some level of say for that foreign national. But never ever make the mistake of believing that that is anything akin to ownership because quite honestly, under both Thai Law and under the policies associated with Thai Law enforcement, that absolutely is not the case.