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- Replacing Nominee Home Ownership With a 30-Year Lease in Thailand
Replacing Nominee Home Ownership With a 30-Year Lease in Thailand
TPN - The Property Network
A registered lease can provide a right to use property, but it does not automatically resolve an unlawful nominee arrangement.
Holding a home through a Thai nominee or company structure can create legal and financial risk. Thai law prohibits using Thai nationals as proxies for foreign land ownership, and authorities may investigate an arrangement, restrict property dealings, or require disposal.
Changing paperwork alone does not make an unlawful nominee arrangement lawful. The existing structure should be reviewed and unwound where necessary before a genuine lease is registered.
A registered lease gives a tenant a time-limited right to possess and use a home; it does not transfer land ownership. A lease of immovable property longer than three years must be registered to remain enforceable beyond three years. Thailand generally limits one registered lease term to 30 years, while future renewals require a fresh agreement and are not guaranteed.
The Land Office should record the lease on the title deed. Reviews may cover the title, actual ownership, company records, funding, nominee shareholders, building ownership, fees, and exit terms. A lease that disguises the same foreign control may still be challenged.
The source reports a commonly cited registration charge of 1% of total rent for the full term. It also reports possible stamp duty of 1 baht per 1,000 baht of rent or declared consideration, equal to 0.1%. Fees can change where an agreement includes key money, gratuity, or other consideration, so a current written estimate from the relevant Land Office is appropriate before signing.
This article summarizes a news report and is not legal, tax or immigration advice. Always confirm details with a licensed professional or the relevant government office before acting.