Thailand nominee crackdown exposes property law loopholes 9h ago

The accelerated crackdown on nominee businesses and foreign ownership of real estate in key tourist areas like Phuket, Koh Samui, and Koh Pha-ngan has exposed a fundamental flaw in Thai property law. Section 94 of the Land Code requires illegal landholders to dispose of property within 180 days to a year, but the system lacks severe financial penalties. Even after forced sale, offenders can recover their principal and any profit from land price appreciation, conflicting with the principle of unjust enrichment. In contrast, the Philippines voids illegal landholding and allows asset seizure, while Canada returns only the original investment to the offender, with profits forfeited to the state. This means Thailand's current approach fails to remove the economic incentive for using nominee structures to speculate on rising land values.














