In general, a foreigner is allowed to have 100% interest for a land lease in Thailand and he/she is able to secure long-term land leases under Thailand land lease law. Amphur (province).
Registration at the Land Department is mandatory for leases that are three years or more to be registered at the Land Department. Land leases that are less than three years do not require registration.
The maximum lease term allowed in Thailand is 30 years. Thereafter, there are renewal options for additional 30 years. A new registration at the Land Department is mandatory for every lease renewal with the landowner's agreement. Such renewal leases are taxable. A foreign company may be allowed to lease land for industrial or commercial use for up to 50 years under certain circumstances.
Land leasing is the most straightforward approach to acquire property in Thailand. Many foreigners feel more secure knowing that a legally registered land lease stays valid even if the underlying property or the land is sold.
Land leases in Thailand require only a one-time registration with the Land Department.
Using a long-term lease, rather than a limited company to purchase land in Thailand means that a foreigners interest is protected in his or her own right. There is no need for the various administrative requirements of registering and maintaining a limited company. Further, the foreigners interest is 100% in the lease, rather than 49% or less, as with a company.
Be aware however there is no guarantee a landlord will sign a lease renewal. Also, if the land is sold to a third party or if the landlord dies and the land passes on to his or her heirs, the agreement may be difficult to enforce.
FAQ - Land Lease
Does the law in Thailand allow a foreigner to have 100% interest for a land lease in Thailand?
The answer is YES. A foreigner is allowed to have 100% interest for a land lease in Thailand and he/she is able to secure long-term land leases under Thailand land lease law. Amphur (province).
Is registration at the Land Department mandatory?
It is mandatory for leases that
are three years or more to be registered at the Land
Department. Land leases that are less than three years
do not require registration.
How long is the maximum lease term allowed in Thailand?
The maximum lease term allowed in Thailand is 30 years.
Thereafter, there are renewal options for additional
30 years. A new registration at the Land Department
is mandatory for every lease renewal with the landowner's
agreement. Such renewal leases are taxable. A foreign
company may be allowed to lease land for industrial
or commercial use for up to 50 years under certain
circumstances.
Why do foreigners choose the land leasing option to own property in Thailand?
Land leasing is the most straightforward approach
to acquire property in Thailand. Many foreigners feel
more secure knowing that a legally registered land
lease stays valid even if the underlying property
or the land is sold.
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