Thailand Legal Risk Assessment for Foreigners | Comprehensive Check

Business Structure Risk

Assess risks related to company ownership, Thai shareholders, and Foreign Business Act compliance

I don't own or operate a business in Thailand - skip this section

1. What percentage of your Thai company do you (foreign shareholders) own?

The Foreign Business Act restricts foreign ownership in certain sectors.

Under 49% (minority shareholder) Thai majority ownership structure

Exactly 49% Medium Risk Common nominee structure ratio - attracts scrutiny

Over 49% with BOI/FBL Legally operating with proper exemption or license

Over 49% without license in restricted sector Critical Direct FBA violation if in restricted business

2. How did your Thai shareholders fund their shares?

Authorities investigate whether Thai shareholders actually invested their own money.

Documented personal funds with bank records Can prove legitimate source of capital

Source unclear or difficult to document Medium Risk May be questioned in an investigation

Funds came from foreign shareholder Critical Primary evidence of nominee arrangement

3. Who has actual control over the company?

Control mechanisms like sole signing authority or side agreements are red flags.

Thai directors have genuine decision-making power Control matches ownership structure

Shared control - both Thai and foreign directors Balanced arrangement for business partners

Foreigner has sole control despite minority stake High Risk Control inconsistent with ownership suggests nominee

Side agreements or undated documents exist Critical Direct evidence of nominee arrangement

4. Are Thai shareholders active in the business?

Passive shareholders who only appear on paper are a major red flag.

Yes, actively involved in operations and decisions Genuine business partnership

Some involvement but mostly passive Medium Risk Limited participation may be questioned

No involvement - just names on registration High Risk Classic nominee indicator

Property Risk

Evaluate risks related to land ownership, nominee arrangements, and lease structures

I don't own or control property in Thailand - skip this section

1. Do you own land in Thailand (directly or through a company)?

Foreigners generally cannot own land in Thailand. Company ownership is scrutinized.

No land ownership - condo or lease only Legal options for foreigners

Yes, through BOI-promoted company Legal exemption allows land ownership

In Thai spouse's name Lower Risk Legal but separate property, not joint ownership

Through Thai majority company I control High Risk Subject to Land Code and FBA enforcement

Through nominee arrangement Critical Illegal - subject to forced sale and criminal penalties

2. If you have a lease, what is its duration?

Standard registered leases max at 30 years. Longer arrangements have varying enforcement.

Not applicable / no lease

30 years or less, registered at Land Office Standard enforceable lease structure

30+30 year extension option Medium Risk Extensions are not automatically enforceable

Unregistered or informal agreement High Risk Not enforceable against third parties

3. Have you attempted to use structures to circumvent land ownership restrictions?

Creative structures like usufruct combinations or preference shares are under scrutiny.

No - using straightforward legal options Condo, registered lease, or legitimate company

Using usufruct or superficies rights Lower Risk Legal limited rights, but understand limitations

Complex structures (preference shares, multiple companies) High Risk May be viewed as evasion attempt

Visa & Immigration Risk

Assess risks related to visa status, overstay, work permits, and immigration compliance

1. What is your current visa/immigration status?

Your visa type determines what activities you can legally perform in Thailand.

Long-term visa (LTR, Elite, Retirement, Marriage Extension) Valid for extended stay with proper documentation

DTV (Destination Thailand Visa) Allows remote work for foreign employers

Non-Immigrant B with Work Permit Authorized to work in Thailand

Tourist visa or visa exemption Medium Risk Not appropriate for long-term stay or any work

Currently overstaying Critical Subject to fines, detention, deportation, and bans

2. Have you overstayed a visa in Thailand before?

Past overstays affect future visa applications and can result in entry bans.

Never overstayed

Minor overstay (under 90 days, paid fine) Medium Risk May affect future applications

Significant overstay (90+ days) or deportation High Risk Results in multi-year entry bans

3. Do you perform work activities in Thailand?

Work is broadly defined. Even "helping" a business can be illegal without permit.

No work - purely retired/tourist activities

Remote work for foreign employer (on DTV/LTR) Legal under specific visa categories

Working with valid work permit Properly authorized employment

Remote work without DTV/LTR/work permit Medium Risk Gray area - technically may be illegal

Working for/in Thai business without permit Critical Illegal - subject to fines, detention, deportation

4. Do you do "visa runs" or border bounces?

Repeated short trips to reset visa exemptions are viewed as abuse.

No - I have appropriate long-term visa

Occasional genuine travel Lower Risk Normal travel patterns

Frequent border runs to reset exemptions High Risk May be denied entry or questioned

Criminal Exposure Risk

Assess risks from activities that could result in criminal charges under Thai law

1. Do you post about Thailand, Thai people, or Thai institutions on social media?

Defamation and lese-majeste laws are strict. Truth is NOT a defense for defamation.

No public posting or very careful/neutral content

Mostly positive content about Thailand Generally safe

Some criticism of businesses or individuals Medium Risk Could trigger defamation complaints

Political commentary or criticism of institutions High Risk Computer crimes and other laws apply

Any content about the monarchy Critical Lese-majeste carries 3-15 years per offense

2. Have you been involved in disputes with Thai nationals or businesses?

Business disputes often escalate to criminal complaints in Thailand.

No disputes

Minor disagreements, resolved amicably Lower Risk

Ongoing business/contract dispute Medium Risk May escalate to criminal complaints

Criminal complaint filed against me Critical Requires immediate legal attention

3. Do you use vaping devices (e-cigarettes)?

E-cigarettes and vaping are illegal in Thailand with serious penalties.

No

Yes, privately at home Medium Risk Still illegal, lower detection risk

Yes, in public or brought through airport High Risk Up to 10 years prison or 500,000 THB fine

4. Do you use cannabis products?

Cannabis rules changed in 2024. Public use is restricted, extracts regulated.

No

From licensed dispensary, used privately Lower Risk Currently legal but rules may change

Use in public places Medium Risk Public nuisance laws apply

High-THC extracts or unlicensed sources High Risk Extract over 0.2% THC is controlled

Tax Risk

Evaluate risks related to tax residency, foreign income, and reporting compliance

1. How many days per year do you spend in Thailand?

180+ days makes you a Thai tax resident - significant since 2024 rules.

Under 180 days per year Not Thai tax resident

180+ days per year Medium Risk Thai tax resident - foreign income rules apply

Full-time resident (300+ days) Medium Risk Clearly tax resident, must understand obligations

2. Do you remit foreign-sourced income to Thailand?

Since 2024, all foreign income remitted is taxable (no same-year rule).

No - I keep foreign income outside Thailand Not taxable if not remitted

Pension or retirement income only Lower Risk May be covered by DTA treaty

Yes, some investment/work income Medium Risk May have Thai tax obligations

Significant amounts without tax planning High Risk Potential tax liability and penalties

3. Do you file Thai tax returns?

Tax residents with assessable income must file returns by March 31.

Not applicable - not a tax resident

Yes, I file annually Compliant with filing obligations

Employer handles withholding tax only Medium Risk May still need to file if other income

No filing despite being tax resident High Risk Non-compliance with penalties and surcharges

4. Do you have a Tax ID Number (TIN) in Thailand?

Required for tax residents and those with Thai income.

Yes, I have a TIN

Not needed - not tax resident, no Thai income

No TIN despite having taxable presence Medium Risk Should register with Revenue Department

Thailand Legal Risk Assessment

Business Structure Risk

Property Risk

Visa & Immigration Risk

Criminal Exposure Risk

Tax Risk

Consult a Lawyer Immediately

Priority Actions

Business Structure Risk

Property Risk

Visa & Immigration Risk

Criminal Exposure Risk

Tax Risk

Consult a Lawyer Immediately

Priority Actions

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