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For a foreigner to invest in Koh Samui there are two aspects of the law which must be understood:
1- It is legal for a foreigner to own a building such as an apartment or villa
2- It is illegal for a non-thai to own land
Since it is illegal for a non-thai to own land, the common way foreigners buy apartments in Thailand is by a 30 year lease agreement on the land. This lease agreement can be extended to give you full control over the land for a period of 90 years.
We will help arrange contact with a trusted lawyer and the contract for this only has to be established and recorded once.
This contract is established in such a way which allows you to convert the lease into “freehold” if Thailand law simplifies ownership for non Thais sometime in the future during these 90 years.
(This is expected to happen in the future. It was not long ago that is was very difficult for non Europeans to buy land in Europe and these rules have been relieved considerably the last couple of years.)
Possession of an apartment or house in Thailand by lease ownership is an established format. It's easy to own estates by lease and the taxes are very favorable. In Thailand, the taxes and charges to a signed lease at the land office is 1.1% of the price.
Another option is to do a “freehold” sale which requires you to create a Thai Limited Liability Company (LLC) which will cost up to 4 – 5% and requirements of having a Thai staff. This process costs more, takes more time, and requires lots of legal fees. Most individuals who buy a single apartment will follow the first method.
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