Can A Company Buy Property and Land in Myanmar?

by Adam Fayed on September 13, 2026

Buying property in Myanmar through a company is possible, but what the company can acquire hinge on its ownership structure and the type of property.

Foreign-owned companies face restrictions on acquiring immovable property, particularly land, although long-term leasing and qualifying condominium ownership can provide alternative routes.

Key Takeaways

A company's ownership structure can determine whether it can acquire specific property rights in Myanmar.
Foreign-owned companies face restrictions on acquiring certain immovable property, particularly land.
Long-term leasing can provide a route to use land where ownership is restricted.
Stamp duty, taxes and registration costs can add materially to the property's acquisition and holding costs.

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The information in this article is for general guidance only. It does not constitute financial, legal, or tax advice, and is not a recommendation or solicitation to invest. Some facts may have changed since the time of writing. BUYING PROPERTY IN MYANMAR THROUGH A COMPANY GUIDE

What are the investment rules in Myanmar?

The Myanmar Investment Law 2016 provides the framework for foreign investment in Myanmar, while the Myanmar Companies Law 2017 governs the incorporation, ownership and operation of companies in the country.

Foreign participation in Myanmar companies is permitted, subject to restrictions that may apply to specific business activities.

However, the ability to establish or invest in a Myanmar company does not, by itself, give the company an unrestricted right to acquire property.

Property ownership and land-use rights are governed by separate laws that apply according to the type of property and the parties involved.

The Transfer of Immovable Property Restriction Law 1987 places restrictions on transfers of immovable property involving foreigners and foreign-owned companies.

At the same time, the Myanmar Investment Law 2016 provides qualifying investors with the ability to obtain long-term leases of land or buildings for investment purposes.

The Condominium Law 2016 separately governs the ownership and transfer of qualifying condominium units, including the circumstances in which foreign ownership is permitted.

These rules need to be considered together when structuring a property investment.

The company's ownership structure, the type and intended use of the property, and any applicable investment approvals or land-use rights can determine what the company is permitted to acquire or hold.

How does company ownership of property work in Myanmar?

A company in Myanmar can acquire property in the company's own name, with the company holding the legal interest rather than its individual shareholders.

The shareholders instead hold shares in the company, which gives them an ownership interest in the company rather than direct ownership of its individual assets.

This distinction matters when the company has foreign shareholders.

Under the Myanmar Companies Law 2017, a company incorporated in Myanmar is classified as a foreign company when an overseas corporation or foreign person, or a combination of them, owns or controls more than 35% of its ownership interest, directly or indirectly.

That classification can be important for property transactions because Myanmar's restrictions on immovable property apply differently depending on the ownership structure and the type of property involved.

A company cannot use its separate legal personality simply to acquire property that the law prohibits it from holding.

Can a foreign company own land in Myanmar?

A foreign company generally cannot own land in Myanmar because the Transfer of Immovable Property Restriction Law 1987 restricts the transfer of immovable property to foreigners and foreign-owned companies.

The restriction is particularly relevant when a Myanmar-incorporated company is classified as a foreign company because of its foreign ownership or control.

However, the restriction on land ownership does not mean that a foreign company cannot obtain any rights to use land in Myanmar.

Under the Myanmar Investment Law 2016, a qualifying investor with an Investment Permit or Endorsement may obtain a long-term lease of land or buildings for an approved investment project.

A foreign investor may generally obtain an initial lease term of up to 50 years, with possible extensions of up to 10 years at a time.

This creates an important distinction between land ownership and land-use rights.

A company holding a long-term lease has the contractual right to use the land for the agreed period and purposes, but it does not become the owner of the underlying land.

The rules can also differ for condominium units.

The Condominium Law 2016 establishes a separate framework under which eligible foreign persons and foreign companies can acquire qualifying condominium units, subject to the law's requirements and applicable foreign ownership limits.

How to buy land in Myanmar through a company?

A company buying land in Myanmar must first establish that it is legally permitted to acquire the particular land.

A typical company land purchase should involve:

Identifying the land and confirming its legal classification.
Checking that the company's ownership structure permits it to acquire the land.
Verifying the seller's ownership and legal authority to transfer the land.
Conducting a title search and checking for mortgages, charges, disputes or other encumbrances.
Confirming the land's permitted use and any applicable zoning or development restrictions.
Obtaining any government, regulatory or investment approvals required for the purchase.
Preparing and executing the sale agreement and other required transaction documents in the company's name.
Paying the applicable taxes, stamp duty, registration fees and other transaction costs.
Registering the transfer with the relevant authorities so that the company's property interest is properly recorded.

What company structure can foreigners use in Myanmar to buy property?

Foreign investors can establish a private company limited by shares in Myanmar, which is the most common structure for carrying out commercial activities and can be used for property-related investments where the applicable property rules permit it.

The Myanmar Companies Law 2017 recognizes different forms of companies, including private companies limited by shares, public companies limited by shares and companies limited by guarantee.

A private company limited by shares is generally the most relevant structure for a business that intends to acquire or hold property because it provides a separate legal entity through which the business can operate and hold assets.

Foreign ownership of a Myanmar company is permitted, but restrictions can apply depending on the business activity.

A joint venture may be appropriate where Myanmar participation is required for the relevant business or investment activity.

It should represent a genuine commercial arrangement between the parties rather than being used to circumvent restrictions on foreign ownership of immovable property.

Before establishing or using a company for a property investment, its shareholders, ownership and control, directors, business activities and applicable investment approvals should be reviewed to determine whether the proposed structure can lawfully hold the intended property interest.

Are nominee arrangements legal for property ownership in Myanmar?

A nominee arrangement cannot lawfully be used to circumvent Myanmar's restrictions on foreign ownership of immovable property.

A nominee arrangement generally involves one person being recorded as the shareholder or property holder while another person provides the capital or exercises the actual beneficial ownership or control.

Where the arrangement is designed to conceal foreign ownership or evade restrictions on immovable property, it can create significant legal and commercial risks for the parties involved.

This is different from a genuine joint venture.

In a legitimate joint venture, the parties have an actual commercial relationship, with their ownership interests, capital contributions, governance rights and economic interests properly documented.

What is the difference between owning property and leasing property through a company?

For a company acquiring Myanmar property, ownership provides a stronger and more lasting interest in an eligible property, while leasing gives the company defined rights to use the property without owning the underlying land.

If the company can legally acquire the property, ownership gives it greater control over the asset and avoids the expiry of a lease term.

The property can remain a company asset for as long as the company retains it, subject to applicable transfer and other property restrictions.

A lease instead gives the company rights that are defined by the lease agreement.

The company must operate within the agreed term and conditions, while matters such as renewal, assignment, permitted use and termination are governed by the lease.

This can make leasing useful where the company's objective is to secure land or buildings for business operations or an approved investment project without acquiring the underlying land.

It can also reduce the need to structure the investment around outright property ownership where that ownership is not available to the company.

For qualifying investment projects, Myanmar's investment framework allows long-term leases of land or buildings under the applicable approval.

The company should review the lease term, renewal rights, permitted use and transfer provisions before committing to the arrangement.

Ultimately, the better option depends on what the company needs from the property.

What are the tax costs of buying property through a company in Myanmar?

The tax and transaction costs of purchasing property through a company in Myanmar can amount to several percent of the property's value, with stamp duty alone potentially reaching around 4% based on the instrument and location.

The total cost can be higher once registration fees and any applicable taxes on income or gains are included.

The main costs to consider are:

Stamp duty on the relevant property documents, with rates depending on the type and location of the property.
Registration fees payable when the transaction or relevant instrument is registered.
Corporate income tax on taxable profits earned by the company.
Income tax on rental income where the company generates income from leasing the property.
Capital gains tax where the disposal of the property or another taxable asset gives rise to a taxable gain.
Property-related taxes and municipal charges, which can vary according to the property's location and use.

Conclusion

In Myanmar, the most important question is not simply who appears on the property documents, but what the investment actually gives the company the power to do.

A property may look attractive on paper yet offer limited commercial value if the company cannot freely use, finance, transfer or retain its interest on workable terms.

For foreign investors, this makes property structuring more about building an arrangement that remains commercially useful throughout the investment's life.

The strongest structure is ultimately the one whose legal rights still make sense when the investor wants to operate the property, raise financing, restructure the company or eventually exit.

FAQs

What are the main provisions of the Transfer of Property Act in Myanmar?

The Transfer of Property Act 1882 governs property transfers in Myanmar, covering sales, mortgages, leases, exchanges and gifts, as well as the rights and liabilities of the parties involved.

The Transfer of Immovable Property Restriction Law 1987 separately limits certain transfers of immovable property involving foreigners and foreign-owned companies.

What types of companies are allowed in Myanmar?

Under the Myanmar Companies Law 2017, companies may be formed as private companies limited by shares, public companies limited by shares, companies limited by guarantee, or unlimited companies, while overseas corporations may separately register to operate in Myanmar.

A private company limited by shares is generally the most relevant structure for property investment, subject to applicable ownership and property restrictions.

Can I use an existing property as collateral?

Yes, a company can generally use an eligible property interest as collateral for a loan, subject to applicable mortgage, security and registration requirements.

Where the company holds a lease rather than ownership of the property, the ability to use that lease as security depends on the lease terms and applicable legal restrictions.

What is the stamp duty law in Myanmar?

The Myanmar Stamp Act 1899, as amended, governs stamp duty on specified legal instruments, including documents relating to property transfers, leases and mortgages.

For conveyances of immovable property, the rate is generally 2%, plus an additional 2% for property located outside the Nay Pyi Taw, Yangon and Mandalay development territories, making the effective rate 4% in those outside areas.

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