Buying property in Thailand as an American: Step-by-step (2026)

Thailand attracts many Americans who want vibrant cities, island living, and relatively affordable property compared to other countries. According to the Real Estate Information Center (REIC), in 2024, foreigners completed 14,573 condominium transfers nationwide. Americans made up about 4 percent of these transactions, roughly 609 units. Detailed REIC nationality breakdowns for 2025–2026 are not yet available.

Can Americans buy property in Thailand?

Quick answer: Yes, but there are important limits. Foreigners generally cannot own land, so condominiums within the 49 percent foreign quota are the simplest ownership option. For houses, most Americans use long-term leases or registered real rights like superficies, usufruct, or Sap-Ing-Sith. Nominee structures are illegal and carry serious risk. 

You also need to consider US tax rules. Owning foreign property can trigger reporting requirements and tax obligations, so planning ahead is essential.

This guide is tailored for expats and investors looking to enter the Thailand real estate market, and is brought to you by Taxes for Expats – a top-rated team helping Americans abroad stay compliant with IRS filing requirements. Are you a US expat considering property in Thailand? Let us help you ensure your US tax obligations are covered while you invest abroad — learn more about our services or contact us.

Thai property – legal rules for foreign ownership

Foreign real estate ownership in Thailand is tightly defined and consistently enforced – Americans face the same rules as all non-Thais. Focus on the legal mechanisms that the Land Office actually registers.

Key ownership structures:

• Freehold – outright ownership with no time limit; foreigners can hold condo units freehold within the 49% foreign quota per project.
• Leasehold – registered right to use land/property for up to 30 years, renewable by agreement but not guaranteed.
• Usufruct – registered right to use and derive profit from property for up to 30 years or for life; non-transferable, ends at death.
• Superficies – registered right to own buildings/structures separately from the land itself; up to 30 years or for life, transferable.
• Sap-Ing-Sith – registrable real right to use/benefit from immovable property (introduced via CCC amendments). It's often used as a stronger control right than a private contract and may be transferable/mortgageable when registered.

Core rules: 

1. Baseline: Foreigners cannot own land except in rare, approval-based exceptions. Condominium units can be held freehold within each project's 49% foreign quota.

2. Houses on land: Use a registered lease (≤30 years), optionally paired with superficies or Sap-Ing-Sith to own the building separately.

3. Nominee structures are illegal: Company/shareholder workarounds violate Thai land law and the Foreign Business Act – active enforcement focus in 2024–2025. Stay compliant with condo freehold, lease + superficies, or Sap-Ing-Sith.

4. Fee reduction (Thai buyers only): Transfer & mortgage registration fees reduced to 0.01% through June 30, 2026 – Thai national buyers only, up to THB 7 million loan value. Foreign buyers not eligible.

What visas do NOT change:

Long-term visas (LTR, Thailand Privilege) improve stay/work/tax convenience but do not grant land-ownership rights. Ownership rules remain identical regardless of visa status.

Ownership structures comparison

Policy watch: 99-year lease proposals floated in 2025 remain unenacted as of January 2026. Fee holidays for Thai buyers run to June 30, 2026; developers may pass sweeteners to foreign buyers informally – negotiate.

Condo purchase: clear rules, smart choices

Condominiums are the cleanest freehold path for non-Thais because only registered condos allow foreign title, and the foreign quota is capped at 49% of the building's sellable area under the Condominium Act. One way foreigners can buy property in Thailand is by purchasing a condo, which is usually straightforward once you verify the foreign ownership quota with the juristic office.

Pros include titled ownership, easier resale, and governance clarity; cons include common fees, building by-laws, and zero control over the land beneath. For a US citizen who might otherwise try to buy a house, Thai property law keeps land out of reach – making condo freehold the practical route.

To register smoothly at the Land Office, prepare these core items:

1. Proof of inbound foreign funds – Bank of Thailand Foreign Exchange Transaction (FET) form for transfers ≥ USD 50,000 is standard bank/BOT practice. For amounts below USD 50,000, a bank credit advice or SWIFT confirmation letter showing your name and "condominium purchase" purpose will substitute.

2. Juristic confirmation – a letter stating that the 49% foreign quota still has capacity and that common fees are clear.

3. Identification set – passport with current entry stamp plus sale-and-purchase agreement consistent with bank documents.

4. Project/unit papers – condominium registration status under the Condominium Act and the unit's title deed for due diligence and transfer.

Planning to rent it out? Familiarize yourself with Thai rental income reporting and US tax obligations on foreign rental income.

Can Americans buy land in Thailand? Ownership implications

Thai Property Law makes it clear: foreigners are barred from holding land freehold unless a specific law or treaty authorizes it. Under the Land Code, "aliens" include foreign individuals and foreign-controlled juristic persons, so ownership is restricted by default.

There is no current treaty expanding rights, which keeps the framework tight for an expat buyer. That's why buying property in Thailand usually means condo freehold or registered real-rights over land, not land title itself.

What doesn't work (and carries legal risk):

• Nominee structures – Using Thai nationals to hold land on your behalf is illegal under the Foreign Business Act; penalties include up to 3 years' imprisonment and fines of 100,000–1,000,000 baht 
• "Side agreements" – Undocumented promises or informal control arrangements are unenforceable and flagged in Land Office enforcement sweeps
• Fake company setups – Shell companies with Thai shareholders who don't genuinely invest are prosecuted under the current crackdowns

What does work (registrable, legal paths):

These are the only routes recognized by the Land Office and Thai courts – stick to them.
 

Condo in Thailand on your radar? Which US forms trigger after purchase?

Learn more

Which Thai law exceptions actually help?

There are narrow, codified carve-outs that allow access to real estate without breaching the land ban. Below are the practical routes recognized today – none rely on nominee tricks.

1. Condominium freehold – Foreigners may own units in a registered condo so long as the foreign quota stays within 49% of the sellable area and purchase funds are remitted from abroad.

2. Section 96 bis (Land Code) – 1 rai via investment – With ≥ THB 40 million invested under Ministerial rules and Minister of Interior approval, a foreigner may acquire up to 1 rai for residence in designated zones. Rare in practice.

3. BOI-promoted business land – Under Investment Promotion Act s.27, BOI-promoted companies can be permitted to own land strictly for the promoted activity, subject to disposal if promotion ends.

4. EEC special regime – In the Eastern Economic Corridor, foreigners can secure 50-year leases + one renewal up to 49 years, and hold land for business use (plus condo for business/living) subject to specific EEC approvals per project rules.

5. Real rights over land – Superficies lets you own the building on another’s land; Sap-Ing-Sith creates a transferable, mortgageable real right (typically 30 years) for control and financing flexibility.

Legal routes to control land in Thailand

Freehold land stays off-limits to most non-citizens, yet you can still secure long-term control through well-tested legal instruments. Below are the options serious buyers use when buying property in Thailand, whether it’s an apartment or a villa – without risking ownership violations.

Registered leaseholds with renewal clauses

A land lease can be registered for up to 30 years, and any lease over 3 years must be in writing and registered at the Land Office to be enforceable beyond three years. Registration fees are typically 1% of total rent plus 0.1% stamp duty; plan cash flow and timelines around the Land Office appointment. Pre-agreed multi-term “30+30+30” arrangements are not automatic rights – the Thai Supreme Court reaffirmed in 2025 that renewals are contractual promises, not guaranteed property rights.

Using a Thai company for land use

A genuine Thai-majority operating company may hold land, but nominee/shareholder schemes set up for a foreigner are illegal and heavily enforced in 2024–2025. Where business needs exist, BOI/EEC-promoted projects can unlock land use or extended leases for operations – this is not a shortcut for a private apartment or personal residence. Treat this path as corporate infrastructure planning, not a backdoor to personal land title.

Marriage to a Thai national

Marriage does not grant land rights; the title is registered only in the Thai spouse’s name, with the foreign spouse signing a Land Office declaration that the land is the Thai spouse’s personal property. If the Thai spouse dies, the foreign spouse typically must dispose of inherited land within one year.

• Legal implications: Land can be acquired by the Thai spouse, but the foreign spouse cannot be on the land title; a joint declaration and proof of personal funds are standard at registration. If land is inherited by a foreign spouse, Land Department practice requires disposal within about a year, or the state may sell and deduct a fee.

• Safeguards: Use a prenup to clarify separate property; register usufruct for lifetime use or superficies to own the house structure on leased land; make coordinated Thai–US wills.

These structures let families live in a home with long-run security while respecting land-title rules. Choose documented, registrable rights – and avoid any arrangement that resembles a nominee setup.

How to buy property in Thailand as an American

When purchasing a Thai property, expect a formal, paperwork-heavy process – yet a predictable one if you prepare. Follow these steps for a smoother transaction, whether you're a US citizen buying property in Thailand for the first time or adding to your portfolio.

Step 1: Choose your property type and verify eligibility

Timeline: 1–4 weeks

Decide between a condo freehold (cleanest for Americans) or a house via lease/superficies. For condos, confirm the foreign quota is within 49% by requesting a juristic letter. For land/house, verify the title deed type (Chanote is the gold standard) and check for encumbrances at the Land Office.

Step 2: Conduct due diligence

Timeline: 1–2 weeks

Hire a Thai lawyer to verify the title deed, check for liens or disputes, confirm zoning and building permits, and review the project's legal status (especially for off-plan condos). For leases, ensure the landlord has a clear title and authority to lease.

Step 3: Reservation deposit

Timeline: Same day to 1 week

Pay a reservation deposit (typically THB 50,000–200,000 for condos; negotiable for houses) to hold the property. Get a signed receipt and reservation agreement specifying refund conditions if the deal falls through.

Step 4: Contract review and signing

Timeline: 1–2 weeks

Review the Sale and Purchase Agreement (SPA) or lease contract with your lawyer. Ensure it allocates who pays government charges, sets clear possession timelines, and includes penalty clauses for delays. For off-plan condos, the government-prescribed O.C.22 SPA offers buyer protections.

Step 5: Bank transfer and proof of foreign funds

Timeline: 3–7 days

Transfer the purchase amount from your overseas bank account to your Thai bank in foreign currency (USD, EUR, etc.). Request a Foreign Exchange Transaction (FET) form for amounts ≥ USD 50,000, or a bank credit-advice/SWIFT letter for smaller amounts. Both must show your name and state "condo purchase" as the purpose. This documentation is critical for Land Office registration.

Tip: Coordinate with your Thai bank early – some banks require advance notice for FET issuance.

Step 6: Land Office registration day

Timeline: Half-day appointment

Bring your passport (with current entry stamp), FET or credit-advice letter, juristic confirmation (for condos), and the signed SPA. Payment is typically by Thai cashier's check. The Land Office will collect government charges on the spot:

• Transfer fee: 2% of the official appraised value (split or as agreed)
• Specific Business Tax (SBT): 3.3% (applies to sellers if property held <5 years or company seller; stamp duty does not apply when SBT is charged)
• Stamp duty: 0.5% (applies only if SBT does not apply)
• Withholding tax: 1% for company sellers, progressive for individual sellers based on deemed income
• For leases over 3 years, budget 1% of the total rent plus 0.1% stamp duty for lease registration.

Step 7: Post-transfer administration

Timeline: 1–2 weeks

Update utilities (water, electricity, internet) in your name using the title deed or lease. For condos, notify the juristic office to update ownership records and set up automatic payment for monthly common area maintenance (CAM) fees. Register for annual Land & Building Tax (0.02–0.10% of appraised value for residential properties).

Selling later? Understand the capital gains tax implications on foreign property before you list.
 

Thailand property: major risks to expat buyers

The Thai market rewards careful buyers – but the pitfalls are specific and unforgiving. If you plan to buy property in Thailand, verify the legal status and banking paperwork before you sign.

Forged deeds and phantom projects

Risk: Counterfeit title documents and unregistered/off-plan schemes do surface; authorities have investigated and, in some cases, revoked improperly issued titles.

How to mitigate: Always verify the Chanote (title deed) at the Land Office directly – do not rely on photocopies. For off-plan projects, confirm the developer's track record, check that the project has proper permits, and consider using a licensed escrow service to protect your deposit until completion.

Nominee shareholding to skirt restrictions

Risk: Using Thai nominees to hold land or run restricted businesses is illegal under Thai property law and the Foreign Business Act, with penalties up to 3 years' imprisonment and 100,000–1,000,000 baht in fines, plus court-ordered unwinding. Enforcement attention periodically increases, and nominee risk is consistently high.

How to mitigate: Avoid nominee structures entirely. Use only legal, registrable routes: condo freehold, registered lease, superficies, or Sap-Ing-Sith. If a lawyer or agent suggests a "workaround," walk away and find reputable counsel.

Leases with automatic renewals

Risk: Residential leases cap at 30 years; renewal options are contractual, not guaranteed, and a 2025 Supreme Court precedent (decided in 2023) rejected automatic long-term extensions. For an expat, treat any 30+30 as a fresh negotiation.

How to mitigate: Negotiate renewal terms clearly in writing, include specific renewal fees and conditions, and consider combining a lease with superficies (to own the building) so you retain value even if the lease isn't renewed. Register all agreements at the Land Office.

Condo transfers blocked by funding proof gaps

Risk: Land Officers require evidence that purchase money came from abroad (FET for transfers ≥ USD 50,000, or a bank confirmation letter below that threshold); missing or mis-named paperwork can halt registration.

How to mitigate: Coordinate with your Thai bank before transferring funds. Ensure the FET or credit-advice letter includes your exact name (matching your passport), states "condo purchase" as the purpose, and is issued promptly. Bring original documents to the Land Office – photocopies may be rejected. If you plan to sell later, understand the capital gains tax implications on foreign property sales: Taxes for Expats capital gains guide.

Costs – taxes, fees, and yearly charges

Buying a home in Thailand comes with predictable government charges and building dues. If you’re a US citizen, the mix and timing of these costs hinge on whether you buy a condo freehold or hold a villa via lease and related rights.

Keep US filings in sync with Thai property

US citizens should keep Thai contracts, Land Office receipts, and bank FET/credit-advice letters, and report activity correctly – rental income on Schedule E, sale gains on Form 8949 flowing to Schedule D, and claim foreign tax credits on Form 1116 where Thai taxes are paid.

If you hold or use foreign accounts or entities, meet disclosure rules – FBAR (FinCEN Form 114) and Form 8938 for accounts/assets above thresholds, plus Forms 5471/8865 for foreign companies/partnerships and Forms 3520/3520-A for trusts when applicable.

Taxes for Expats will prepare and file the right filing forms for American expats, align your Thai documentation with US requirements, and help you avoid unnecessary IRS scrutiny after your purchase.

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