BOI Land Ownership for Foreign Companies
Illustrative record preparation, not evidence of our staff, client records or authority approval.
ยื่นถือครองที่ดินโดยบริษัทต่างชาติผ่าน BOI · § CrossBorder
What to know before you act
Start with the promotion certificate and approved activity, not the ownership percentage alone. Match the plot, area and buildings to the project and identify the permission needed before transfer. Title, security, access and land-use restrictions require separate checks from BOI eligibility. If reserving before permission is known, address approval conditions and deposit treatment expressly. Neither approval nor a transfer date is guaranteed.
Timing and external dependencies: Timing depends on eligibility, the site plan, additional information and BOI or IEAT processing before Land Office coordination. Signing, permission and transfer are separate milestones; no fixed processing time is promised.
Official fee: Verify current Land Office fees, taxes and duty, and any charges actually imposed by the investment authority. No single rate applies to all plots, and coordination fees are not government charges. Ask our team for a quotation.
Timing is not a promise of an outcome or hearing date. Check the notice, limitation period and current authority rules for your matter.
What to send for the first review
Send the certificate and amendments, existing permissions, title and site-use plan. Identify a new purchase, expansion, use change or resale. The free initial enquiry covers scope and quotation, not free legal advice or analysis.
- Promotion certificate, attached conditions and project amendments
- Existing land ownership or use permission, if any
- Title, registration history, map and encumbrance schedule
Legal Basis
Investment Promotion Act section 27 provides a basis for a promoted person to own land of a size considered appropriate by the Board for the promoted activity. It does not automatically authorise every purchase. Check current announcements, certificate conditions and the permission letter. IEAT land rights arise under a separate legal regime, not merely from an estate address. Ending or transferring the activity requires reviewing statutory disposal duties and orders; expiry of tax incentives should not be described as automatic return of the land.
📚 Official sources — check the current law and procedure before acting
Who Needs This
Promoted companies needing land for their actual project, buyers checking entitlement before signing, and companies changing project structure or land use.
Required Documents
- Promotion certificate, attached conditions and project amendments
- Existing land ownership or use permission, if any
- Title, registration history, map and encumbrance schedule
- Site plan separating factory, office and accommodation uses
- Corporate certificate, ownership, signing authority and draft purchase terms
Common Pitfalls
- Treating promotion as permission for every land use
- Applying old area limits or one factory cap to every project
- Assuming expiry of tax relief automatically returns land to the state
- Using an individual LTR visa as proof of a company’s land rights
Document-review situations (not client histories)
- Checking a new plot against a factory expansion project
- Separating office-land entitlement from the manufacturing project
- Reviewing land obligations before sale or transfer of a promoted activity
FAQ
- Does BOI promotion allow an immediate land purchase?
- Not automatically. Check entitlement, area, purpose and permission before transfer. The certificate does not replace every permission letter.
- Does an industrial-estate address establish IEAT land rights?
- No. Check the estate type, operator, entitlement and required IEAT permission separately from BOI.
- Must land be returned when tax incentives expire?
- Do not generalise. Distinguish tax-relief expiry from cessation or transfer of the activity, then check disposal duties under the applicable law, conditions and orders.
- Can an LTR visa authorise a foreign company to buy land?
- An individual visa is not a company land-ownership right. Check the company’s legal entitlement directly rather than treating LTR as purchase permission.
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Official sources — company registration & BOI
The information on this page follows the official sources below. Always check the latest version before you file.
- Department of Business Development — company registration— Department of Business Development
- Board of Investment (BOI) / LTR Visa— Thailand Board of Investment
- Revenue Department — Revenue Code, income tax, VAT— Revenue Department
- PDPC Thailand— PDPC Thailand
- Office of the Council of State — Thai law database— Office of the Council of State
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Full foreign ownership is possible for some activities, but there is no blanket permission. Check the Foreign Business Act definition, actual activities, sector-specific restrictions and any required licence or certificate. BOI promotion and treaty rights apply only within their approved scope; they do not automatically confer land rights, visas or work permits. Do not use nominee shareholders. Verify the proposed structure with DBD.
- What is the minimum registered capital for a Thai company?
- Do not apply one capital figure to every incorporation, foreign-business licence, visa or work-permit application. Registered capital and paid-up capital are different, and the applicable requirements depend on actual activities, ownership, permit category and any BOI or treaty conditions. Capital is a company funding requirement, not our service fee. Confirm the relevant criteria with DBD, the Department of Employment and Immigration before choosing the structure. Ask our team for a quotation for the agreed work.
- How long does company registration take?
- Separate document preparation, name reservation, signatures and DBD review from VAT registration, Social Security and bank onboarding. Timing depends on the filing channel, complete documents and any requests for corrections or additional evidence; no completion date is guaranteed. Ask our team for a quotation and a planning estimate after the proposed structure and documents have been reviewed.
- What ongoing accounting obligations does a Thai company have?
- A Thai limited company keeps statutory books and prepares audited annual statements even without trading. Tax returns depend on its payments, VAT status, accounting period and taxpayer category: PND1, PND3 and PND53 are not universal monthly returns for every company, and PP30 applies to VAT-registered businesses, including nil-return months while registration remains active. Check PND50, PND51 and each filing deadline with RD; check annual statements and shareholder filings separately with DBD.