Are the rules, for owning a house, relevant to owning a retail shop too?

[LiorW]

In short, is it impossible for a foreigner to own a retail shop as much as it is to own a house (with the land)?

[blackcab]

1. A foreigner can not own land (there are a couple of exceptions).

2. A foreigner can own a retail shop. Just make it portable.

[offset]

1. A foreigner can not own land (there are a couple of exceptions).

2. A foreigner can own a retail shop. Just make it portable.

Good idea to make it portable but a foreigner can own a house, but to be useful it would have to be on leased land or have a Userfract on the land for the rest of their life

Edited June 4, 2016 by offset

[khunPer]

A foreigner can own a house – a retail shop can be in that house – but the foreigner cannot own the land that house sits on; however land can be leased and/or Superficies agreement.

[charliebadenhop]

If you own a retail shop, wouldn't that usually mean that you are hoping to make some money via that shop?

If so, would you not need a Thai company?

Just asking.

[champken]

I own (freehold) a ground floor condo that is used as a shop/business

[Mudcrab]

I own (freehold) a ground floor condo that is used as a shop/business

So you have Thai Citizenship?

Not a really useful answer to the OP's question.

[champken]

I own (freehold) a ground floor condo that is used as a shop/business

So you have Thai Citizenship?

Not a really useful answer to the OP's question.

Why is Thai citizenship relevant? No I am not a Thai national but as stated I own the condo.

Why is my answer not useful to the OPs question? It might be useful in that it gives him information as to a way he can own a freehold shop.

[LiorW]

I own (freehold) a ground floor condo that is used as a shop/business

So you have Thai Citizenship?

Not a really useful answer to the OP's question.

Why is Thai citizenship relevant? No I am not a Thai national but as stated I own the condo.

Why is my answer not useful to the OPs question? It might be useful in that it gives him information as to a way he can own a freehold shop.

So you transformed your condo into a shop? Is this legal?

What am I missing here?

[NOWHERE]

I own (freehold) a ground floor condo that is used as a shop/business

So you have Thai Citizenship?

Not a really useful answer to the OP's question.

Why is Thai citizenship relevant? No I am not a Thai national but as stated I own the condo.

Why is my answer not useful to the OPs question? It might be useful in that it gives him information as to a way he can own a freehold shop.

So you transformed your condo into a shop? Is this legal?

What am I missing here?

On the ground floor of the block my condo is in are shops. The manager tells me that as a farange I can buy one. As far as running a business out of it, not sure.

For what it's worth.

[sanukjim]

A foreigner can own a house – a retail shop can be in that house – but the foreigner cannot own the land that house sits on; however land can be leased and/or Superficies agreement.

If the foreigner has a retail shop in said house he is now the owner of the shop and would have to obtain a work visa to run the shop (very difficult) .Not a good idea.Buy the shop in your girlfriend's name and let her run the shop with you not behind the counter when there .May be when all the money is spent for the house and shop she will not move in her actual husband or another boyfriend throwing you out.

Edited June 5, 2016 by sanukjim

[khunPer]

A foreigner can own a house – a retail shop can be in that house – but the foreigner cannot own the land that house sits on; however land can be leased and/or Superficies agreement.

If the foreigner has a retail shop in said house he is now the owner of the shop and would have to obtain a work visa to run the shop (very difficult) .Not a good idea.Buy the shop in your girlfriend's name and let her run the shop with you not behind the counter when there .May be when all the money is spent for the house and shop she will not move in her actual husband or another boyfriend throwing you out.

In reply to OP's question »...is it impossible for a foreigner to own a retail shop as much as it is to own a house (with the land)?«

You can own it, just like you can own a house and/or shares in a Thai company limited; however actually working there as a foreigner is a different story. which require company set-up and Working Permit. Somebody else than the owner can work, and if Thais then no WP is required.

[LiorW]

I wasn't thinking about working there, but rather to rent it out.

If I own the shop, without the land, that's not the kind of ownership I'm looking for.

[charliebadenhop]

Just wondering, and not trying to make any problems for anyone.

If "you" own a shop and rent it to someone, are "you" then not making at least a small profit which you need to declare?

And even if "you" are not making one Baht in renting, is this still not somehow a business activity?

[khunPer]

I wasn't thinking about working there, but rather to rent it out.

If I own the shop, without the land, that's not the kind of ownership I'm looking for.

In that case you shall go the Thai company limited way – probably only solution – but be aware of pitfalls...

[LiorW]

I wasn't thinking about working there, but rather to rent it out.

If I own the shop, without the land, that's not the kind of ownership I'm looking for.

In that case you shall go the Thai company limited way – probably only solution – but be aware of pitfalls...

Pitfalls like...

[khunPer]

I wasn't thinking about working there, but rather to rent it out.

If I own the shop, without the land, that's not the kind of ownership I'm looking for.

In that case you shall go the Thai company limited way – probably only solution – but be aware of pitfalls...

Pitfalls like...

Pitfalls you can read a lot about in various Forum treads about establishing A Thai company limited and using it for owing property.

In general – and please always seek qualified legal advise from an experienced lawyer to be updated with present regulations:

You need (minimum) 3 people to establish a co. ltd.

51% of the shares shall be owned by Thai nationals – proof of fund may be asked for, as proxy shareholders are illegal.

Often talk is about Thais you can trust enough, to let them own 51% of your company.

You can have preferred stocks, so you (as foreigner) has 10 votes for each share, giving you voting control of the company, but a foreigner in control that way may not be the intention of the law – has not been challenged by Court yet – or you can let Thai shareholder(s) hold preferred shares paying a fixed (small) dividend in return of giving-up their voting-right.

Owing property only with major foreign shareholder(s), is against the intention of the Law (at some Land Offices it's a benefit that a co. ltd. only has 39% foreign shareholders when registering land).

Normally you shall have a shareholder capital of minimum 2 million baht.

If you intend to do any work other than being a shareholder and member of the bord (director) – you can sign an annual statement, but nothing else – you shall need a Work Permit. Depending of kind of business, you shall count 4 Thai employees for 1 foreign Work Permit, and a shareholder capital of 2 million baht for the 1st Work Permit; and often also a full annual statement showing a (small) company profit.

Various Thai law-firms has detailed information at their home pages – it's a benefit to finally use a local lawyer, or branch, knowing the conditions in the area where your company shall be registered and you intend to buy property.

Wish you good luck with your shop-house.