Land - Corporate Ownership Or Lease?

[rishi]

Hi,

I've red through about 20-25 threads dealing with the topic "buying land - company's name or thaiwife's name?". With few exceptions, it seems that consencus is that buying in wife's name and then lease for 30 years is the better option.

However, in all the threads I've seen, the comparison went between lease and setting up a company, with the only purpose to own the land, where one wanted to build a house to live in for the rest of his days. It appeared that this isn't quite legal and might lead to many, many problems.

My situation is a bit different. We are talking about an existing and real company, actively doing business, paying company tax, VAT, etc. Farlang owns 49%, his wife 50.96% and 5 family members each own a share of 100 baht. It can't but be perfectly legal for a husband to give his very own wife 509,600 baht as a gift, dowry or loan, so the nominee issue ought to be okay - or not?

What we are about to buy, is the building, where the company is registered, having its office, and where it is doing its businesses. The land (66.4 sqm) - with proper chanote - isn't but the land occupied by the building plus a tiny frontporch.

My question is: In this situation, as described above, can the company's right to hold that particular piece of land also be legally disputed in a similiar way as for the "front company situations"?

What are the pro et contras of the lease-way compared to the company-way in this situation?