Phuket Nominee Crackdown: What Property Investors Should Know

When Phuket officials target nominee motorbike rental businesses, the message reaches far beyond tourism. Foreign property investors relying on similar ownership structures should understand what’s changing.

On August 17th, 2026, Deputy Governor Pol. Lt. Col. Khetarat Chansilp, acting as security advisor to the Ministry of Interior, led inspections of nine motorbike rental establishments in Karon. The operation involved police investigators, traffic officers, provincial employment officials, and administrative staff examining business operations, shareholder structures, financial records, and sources of investment.

The focus was nominee arrangements — structures where Thai citizens are used to conceal foreign ownership in sectors where foreign control is restricted or prohibited.

Why this matters beyond motorbike rentals

Nominee structures are not unique to tourism businesses. They appear in various sectors across Thailand, including real estate. Foreign buyers who cannot legally own land freehold sometimes use similar arrangements — Thai nominees holding shares in companies that own property, or Thai individuals appearing as landowners while foreign partners control the asset through loans, undisclosed agreements or financial arrangements.

Thai law prohibits these structures. The Foreign Business Act and the Land Code both restrict foreign ownership in specific sectors and make nominee arrangements illegal. Enforcement has historically been inconsistent, but Phuket officials have now confirmed that scrutiny is intensifying, and similar checks will continue across other high-risk sectors.

Authorities stated that any evidence of nominee activity or unlawful conduct will be met with strict legal action.

What the inspections examined

The Karon inspections looked at several specific elements:

  • Shareholder structures in registered companies
  • Financial records and sources of investment
  • Irregularities in business operations
  • Compliance with Thai business and employment law

The detail worth noting is that officials did not simply check business licences. They examined the financial structure behind the operations — who provides the capital, how shares are distributed, and whether the legal ownership reflects actual control.

This approach, if applied to property-holding companies, could create significant risk for foreign investors using nominee structures to hold land or villas.

How this connects to Phuket property

Foreign nationals cannot own land in Thailand under the Land Code. They can, however, own condominium units freehold provided the foreign quota in the building does not exceed 49%. For land and houses, the only legal freehold options are leasehold agreements of up to 30 years, or ownership through a Thai limited company where foreign ownership does not exceed 49% and the Thai shareholders are genuine investors with real capital at risk.

Problems arise when foreign buyers set up companies with Thai shareholders who have no actual investment, no control, and no genuine business interest — pure nominees. These arrangements are illegal and, if discovered, can result in the property being seized, the company dissolved, and criminal charges filed.

The Karon inspections suggest that Phuket authorities are prepared to investigate not just surface compliance, but the substance behind ownership structures. If this approach spreads to property-holding companies, foreign buyers relying on nominee arrangements could face serious legal and financial consequences.

What remains uncertain

Phuket officials have confirmed that similar checks will continue across other high-risk sectors, but they have not specified which sectors will be targeted next or what the timeline will be. The enforcement action in Karon was part of a broader government policy to intensify scrutiny of nominee arrangements in high-tourism areas, but how widely or quickly this will extend to real estate is not yet clear.

What is clear is that the government’s stated intention is to uphold fairness in business operations and safeguard Phuket’s reputation. Authorities have pledged strict legal action where nominee activity or unlawful conduct is found.

What buyers should understand

For foreign buyers considering property in Phuket, the key point is not that enforcement is new — nominee structures have always been illegal. The point is that enforcement may now be more consistent, more detailed, and harder to avoid.

Buyers should work with qualified legal advisors who understand Thai property law and can structure ownership in ways that comply with the law. Leasehold agreements, properly drafted and registered, remain a legal and secure option. Condominium ownership is straightforward where foreign quota is available. Company ownership is legal only when Thai shareholders are genuine investors.

Buyers should also understand that using a nominee structure is not a grey area or a clever workaround. It is illegal, and the risk of losing the property, facing fines, or criminal charges is real.

The Karon inspections may have focused on motorbike rentals, but the signal is broader. Phuket officials are willing to examine ownership structures in detail, and they have confirmed that enforcement will continue.

Frequently Asked Questions

What is a nominee structure in Thai property?

A nominee structure is an illegal arrangement where Thai citizens appear as shareholders or owners of property, but have no genuine investment or control. The foreign buyer provides the capital and controls the asset through undisclosed agreements. Thai law prohibits this and penalties include property seizure and criminal charges.

Can foreign buyers legally own land in Phuket?

Foreign nationals cannot own land freehold in Thailand under the Land Code. Legal options include condominium ownership (freehold, within the 49% foreign quota), leasehold agreements of up to 30 years, or ownership through a Thai company where Thai shareholders are genuine investors with real capital at risk.

Does the Karon crackdown affect real estate directly?

The August 17th inspections targeted motorbike rental businesses, not property companies. However, officials confirmed that similar checks will continue across other high-risk sectors. The enforcement approach — examining shareholder structures, financial records, and sources of investment — could apply to property-holding companies if extended.

What should foreign property buyers do now?

Foreign buyers should work with qualified legal advisors to ensure ownership structures comply with Thai law. Avoid nominee arrangements. Consider legal alternatives such as leasehold, condominium ownership, or properly structured company ownership with genuine Thai investors. Do not rely on structures that conceal actual control.

Is Phuket targeting foreign investors specifically?

The enforcement action targets illegal nominee arrangements, not foreign investment itself. Thai law allows foreign participation in many sectors, including property, within defined limits. The issue is not foreign ownership, but structures that violate the Foreign Business Act and the Land Code by using Thai nationals as proxies.

Sources

  • The Phuket Express — Phuket Cracks Down on Motorbike Rental Nominee Businesses — link
author avatar
Gaël Ovide-Etienne
Gaël oversees all marketing efforts for Ocean Worldwide. He manages marketing campaigns to connect with prospective buyers, conducts research and market analysis, and leverages AI to enhance all aspects of the business. This approach ensures better and faster results for our buyers and sellers.

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