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Unlocking Legal Ownership Security in Thailand

Through the Thailand Board of Investment (BOI), the Sri Boya project offers a government-backed framework allowing 100% foreign freehold land ownership, tax incentives, and full repatriation of profits — transforming the investment landscape for international developers.

The Thai Board of Investment (BOI)

The BOI is Thailand’s official investment promotion agency — established to attract international capital and expertise into key sectors, including tourism and hospitality.
Projects approved under BOI promotion receive special privileges that override the standard limitations on foreign land and company ownership.

In the case of Sri Boya, BOI approval allows:

  • A 100% foreign-owned Thai limited company to hold the freehold title to the development land.
  • Direct control and ownership by foreign investors, with no requirement for Thai nominees or joint partners.
  • Full eligibility for tax, operational, and import-related incentives.

BOI Category 7.21 – Activities to Support Tourism (Hotel)


The Sri Boya project qualifies for BOI promotion under Category 7.21: Hotel Development, an incentive class reserved for large-scale tourism and hospitality projects that meet specific investment thresholds:




  1. Minimum of 100 rooms and THB 2 million per room, or

  2. Total investment exceeding THB 500 million (≈ USD 14 million)

With 164 suites and a total development cost of over THB 5.5 billion (USD 159 million), the Sri Boya project surpasses these benchmarks, ensuring full eligibility for BOI promotion.

 

Upon BOI approval, the development company receives the following tax and non-tax benefits:

Tax Benefits:

  • 3-Year Corporate Income Tax Exemption on all revenue from hotel operations.
  • Import Duty Exemption on machinery, building systems, and specialized equipment.


Non-Tax Benefits:

  • 100% Foreign Ownership (Sections 25 & 26):
    Foreign investors may fully own the Thai development company and employ foreign experts.
  • Freehold Land Ownership (Section 27):
    The BOI-approved company may hold the land title outright — a right normally unavailable to foreign entities.
  • Repatriation of Profits (Section 37):
    Full rights to transfer capital and profits abroad in foreign currency.
  • Work Visa & Permit Facilitation:
    Access to the BOI One-Stop Service Center (OSOS) for fast-track processing of foreign executives and technical staff.
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A Transparent, Structured Pathway to Ownership

For major projects exceeding THB 500 million, the BOI approval process follows a defined four-phase sequence:

Phase 1 – Preparation & Application 




  • Submission of feasibility study, financial model, and business plan via the BOI’s e-Investment system.
  • Initial meeting scheduled within 10 working days.

Phase 2 – Review & Board Approval




  • Presentation to assigned BOI officer and Sub-Committee.
  • Final approval by the central BOI Board (within 60–90 working days).

Phase 3 – Company Setup & Certification




  • Register 100% foreign-owned Thai limited company.
  • Submit documentation to BOI and receive Promotion Certificate, confirming full rights and privileges.

Phase 4 – Operation & Compliance




  • Activate tax and import privileges.
  • Complete construction and commence hotel operations within 36 months of certificate issuance.
  • Submit annual compliance reports.

Why the BOI Structure Matters

In a country where foreign land ownership is typically prohibited, the BOI framework represents a complete paradigm shift.

For Sri Boya, this structure ensures that:

  • International investors have direct, perpetual control of the landholding entity.
  • All capital contributions are transparent, government-approved, and fully protected.
  • The project can legally market globally to both Thai and foreign buyers.
  • Tax and operational efficiencies significantly enhance overall project ROI.

This is the most secure and internationally compliant form of ownership available in Thailand.

Structuring Global Sales Within BOI Regulations

While the BOI framework allows full company ownership of the land, it does not extend that right to individual foreign buyers of villas or condominiums.
To address this, the Sri Boya project incorporates a dual-structure model:

  1. Condominiums – Up to 49% of total saleable area sold as foreign freehold titles under the Thai Condominium Act.

  2. Villas – Sold to foreign buyers through registered 30-year renewable leaseholds (30+30+30 years), secured by the 100% foreign-owned BOI company as lessor.

This combination ensures complete legal compliance while providing international buyers with the most secure ownership forms available under Thai law — backed by a government-promoted entity.

BOI: Turning Restricted Ownership into Global Opportunity

The Sri Boya project leverages Thailand’s most progressive investment structure to create a secure, internationally marketable real estate asset class.

For Investors: A fully compliant pathway to freehold control.
For Developers: Legal clarity, ownership security, and operational incentives.
For Buyers: A transparent and credible ownership framework supported by the Government of Thailand.

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BOI Ownership – The Foundation of Trust, Transparency, and True Control in Thai Real Estate.