The 49% rule
The starting point that surprises everyone: in an ordinary Thai limited company, foreign ownership is usually capped at 49%, with 51% in Thai hands. It's not arbitrary: it's how Thailand protects certain sectors. To hold 100% as a foreigner, you need a special route.
Routes to 100%
| Route | What it is | Who it's for |
|---|---|---|
| 49/51 company | Ordinary limited company with Thai partners | Simple local businesses |
| BOI promotion | Board of Investment incentives: 100% foreign, tax and visa advantages | Projects that contribute to the country (tech, industry, etc.) |
| Specific treaties | Agreements allowing greater ownership in certain cases | Specific nationalities and activities |
The BOI is the star route for substantial businesses: besides 100% ownership, it eases the capital and staff requirements and streamlines visas. In exchange, it requires a project that fits its categories and a serious application process.
Your company as your sponsor
Here's the connection to the visa. A Thai company can sponsor your Non-B and your work permit as owner-employee. But it comes with conditions, and they're not trivial:
- Registered capital of around 2 million ฿ per foreign work permit (common benchmark).
- Thai staff: often four per foreigner holding a work permit.
- Ongoing accounting and compliance: taxes, employee social security, audited accounts.
With BOI promotion, these numbers ease up considerably — another reason the BOI is so attractive for anyone serious about it.
And the tax side
A Thai company pays local corporate tax, which is separate from your personal income tax. Your tax residency as an individual is a different question, and the interaction between the two — what you pay yourself as salary or dividend, how it crosses with the treaty — isn't something to improvise.
Where Bexpat fits in
We don't set up your company or act as your corporate lawyer: we handle your personal move — flight, arrival, apartment — and guide you on the visa fit, referring you to specialists in company formation and BOI when that's your path. If you're not sure yet whether you need a company or another route is enough, the visa test is a good first filter.
Frequently asked questions
Can a foreigner own a company?
Yes, with limits: in an ordinary company, foreign ownership usually stays at 49%. For 100%, you need BOI or specific treaties, reserved for projects that contribute to the country.
What do I need for my own work permit?
The company has to meet requirements: as a benchmark, ~2 million ฿ of capital per permit and four Thai employees per foreigner. With BOI, these requirements ease up.
Is it worth it just for the visa?
Almost never: capital, staff, accounting and ongoing compliance are expensive if you just want to reside. The DTV or the Non-O cover that. The company makes sense if you're going to run a business.