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SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Investment

Foreign investment in Thailand — practical guide

Steps and legal considerations every foreign investor should know before starting a business in Thailand.

by International Practice GroupMarch 20, 20261 min read
Foreign investment in Thailand — practical guide

Thailand welcomes foreign investment, but several laws govern how much of a company foreigners may own and which sectors they can enter. Choosing the right structure from the outset lets you invest with confidence and stay fully compliant.

Common investment structures

Foreign investors have several options for entering the Thai market — each with distinct advantages and constraints.

1. Joint-venture limited company with Thai partners

The most common structure: Thai shareholders hold 51%+, in line with the Foreign Business Act.

2. BOI promotion

If your business falls within a promoted category, BOI offers significant incentives:

  • Up to 13 years of corporate income tax exemption
  • 100% foreign ownership allowed
  • Land ownership rights for the promoted activity
  • Work permits and visas for executives and specialists

3. Treaty of Amity (US investors)

Under the US–Thailand Treaty of Amity, US investors may hold 100% of nearly any business category.

Key points to watch

  • Restricted and licensed activities — some sectors are listed under the Foreign Business Act and require a Foreign Business License (FBL) first.
  • Nominee shareholding is illegal — using Thai nominees to bypass ownership limits carries fines and imprisonment.
  • Land ownership — foreigners generally cannot own land, except where granted through BOI or specific laws.

📌 See more: business legal advisory

If you're planning to invest in Thailand and aren't sure which structure fits your business, talk to our team to choose the best fit before you start.

Frequently asked questions

What structures can a foreigner use to invest in Thailand?+

The most widely used is a limited company jointly held with Thai shareholders, with Thais holding 51% or more under the Foreign Business Act. The other route is applying for investment promotion from the BOI, if the business falls within a promoted category.

What does BOI promotion give you?+

Where the business is in a promoted category, the benefits can include corporate income tax exemption for up to 13 years, permission for foreign shareholders to hold 100%, and the right to own land for the promoted activity.

Can a foreigner hold 100% of a Thai company?+

In some cases, yes — investment promotion from the BOI allows 100% foreign shareholding. In the general case under the Foreign Business Act, Thai shareholders usually need to hold 51% or more.

Why does the structure matter so much at the start?+

Because several statutes govern the shareholding proportions and the categories of business foreigners may carry on. Choosing the right structure at the outset is what allows you to invest with confidence and lawfully — and it costs far more to correct later.

How do the structures differ?+

Foreign investors have several options, and each carries its own advantages and limits — on shareholding proportion, on tax benefits, and on the conditions that must be met. It is worth having an adviser assess them against the actual nature of the business before deciding.

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