Foreigners can generally buy property through companies in Portugal, Spain, France, and South Africa with relatively few ownership restrictions.
Australia and Saudi Arabia also permit corporate ownership, but government approvals or investment conditions often apply.
By contrast, the Philippines and Cambodia generally require locally controlled companies before land can be owned, while Indonesia and China rely on land-use rights rather than unrestricted freehold ownership.
Other popular expat destinations—including Italy, the Netherlands, and the UAE—also permit corporate property ownership, although local rules, taxes, or location-specific restrictions may still apply.
The important question is not simply whether a company can buy property.
It is whether a foreign-controlled company can own land, whether local shareholders are required, whether government approval is needed, and whether buying via a company is actually the best ownership structure for your investment goals.
Unlike country-specific guides, this article compares the major jurisdictions popular with expats, international investors, entrepreneurs, and families living abroad.
Key Takeaways
- Using a company does not automatically bypass restrictions imposed on foreign buyers or foreign-owned entities.
- A company may be allowed to own buildings or apartments even when it cannot own the underlying land outright.
- Local-control requirements must involve genuine ownership and control; nominee arrangements can create serious legal risks.
- Buyers should compare taxes, financing, disclosure requirements, and ongoing company costs before choosing corporate ownership.
My contact details are hello@adamfayed.com and WhatsApp +44-7393-450-837 if you have any questions.
The information in this article is for general guidance only, does not constitute financial, legal, or tax advice, and may have changed since the time of writing.
Which countries allow foreigners to buy property through a company?
Portugal, Spain, France, South Africa, Australia, Saudi Arabia, Indonesia, China, Cambodia, and the Philippines all allow foreigners to buy property through companies, but they do not apply the same ownership rules.
The table below provides a comparison of the countries most commonly considered by cross-border investors, expats, business owners, and developers.
| Country | Property through company | Land through foreign-controlled company | Overall category |
|---|---|---|---|
| Portugal | Yes | Yes | Open |
| Spain | Yes | Yes | Open |
| France | Yes | Yes | Open |
| South Africa | Yes | Yes | Open |
| Australia | Yes | Conditional | Approval required |
| Saudi Arabia | Yes | Conditional | Investment conditions |
| Indonesia | Yes | Limited land rights | Land-use rights |
| China | Yes | Land-use rights only | Land-use rights |
| Cambodia | Yes | No, unless locally controlled | Local ownership required |
| Philippines | Yes | No, unless locally controlled | Local ownership required |
This comparison is intended as a starting point rather than a substitute for country-specific legal advice.
Rules often differ depending on whether the buyer is purchasing residential property, commercial premises, agricultural land, development land, or investment property.
Taxation, financing, planning rules, foreign investment laws, and ownership structures can also change the outcome.
Why it matters
Choosing the wrong ownership structure can prevent a company from legally owning land, complicate financing, increase taxes, or create difficulties when selling the investment later.
Understanding the legal framework before choosing a country is often more important than deciding whether to incorporate.
The most important questions to compare are:
- Can a foreign-controlled company own land?
- Is a local company required?
- Are local shareholders mandatory?
- Is government approval necessary?
- What taxes apply?
- How easy is financing?
- What happens when the property is eventually sold?
Which countries are the easiest for foreigners to buy property through a company?
Portugal, Spain, France, and South Africa are generally the easiest countries for foreigners to buy property via companies because foreign-controlled firms can usually own both buildings and land without requiring domestic shareholders or complex ownership structures.
Germany, Italy, and the Netherlands are also relatively open markets, although they are discussed later because this article focuses on jurisdictions where we have dedicated country guides.
These countries still have normal legal, tax, planning, and compliance requirements, but foreign ownership itself is generally not the primary obstacle.
List of countries with relatively open corporate ownership rules
Portugal generally allows Portuguese companies and foreign companies to acquire residential, commercial, hospitality, agricultural, and investment property without nationality-based ownership restrictions.
Investors usually focus on tax planning, financing, and ongoing compliance rather than whether they are legally permitted to own the property.
Spain also permits domestic and foreign companies to purchase real estate.
Foreign investors frequently use Spanish companies for rental portfolios, commercial investments, development projects, and hospitality assets, although regional taxes and planning regulations remain important.
France imposes relatively few nationality-based restrictions on corporate ownership of real estate.
Investors commonly use French companies, particularly SCI structures, for long-term ownership, succession planning, and jointly held investment property.
South Africa broadly permits foreign-owned companies to acquire residential, commercial, agricultural, and development property.
Investors spend more time evaluating exchange-control rules, taxation, financing, and commercial considerations than ownership eligibility itself.
Why these countries rank highly
These jurisdictions generally share several characteristics:
- Foreign-controlled companies can usually own land.
- Local nominee shareholders are not required.
- Corporate ownership is well established.
- Property rights are generally strong.
- Company ownership is widely used for investment property.
That does not necessarily make them the cheapest places to invest. Acquisition taxes, annual taxes, financing costs, and compliance obligations can still differ considerably.
Some investors assume that an "easy" ownership regime also means low taxes or minimal administration. In reality, many open property markets impose significant acquisition taxes, annual property taxes, or corporate compliance obligations.
Many investors then ask whether countries that appear more restrictive still allow company ownership under certain conditions.
List of countries that allow foreigners to buy property through companies with conditions
Australia, Saudi Arabia, Indonesia, and China all allow foreigners to buy property through a company, but each imposes important legal or regulatory conditions.
These countries continue to attract substantial foreign investment, but the ownership structure often requires considerably more planning than in jurisdictions such as Portugal or Spain.
Australia permits foreign companies to acquire certain property, but many transactions require approval under the country's foreign investment framework.
The applicable rules depend on the buyer, property type, intended use, and whether the acquisition involves residential, commercial, agricultural, or vacant land.
Establishing an Australian company does not automatically remove foreign investment obligations because the company itself may still be classified as a foreign person.
Saudi allows qualifying foreign-invested companies to acquire property required for approved business activities and investment projects.
Ownership depends on licensing, business activity, investment status, and property location rather than simply incorporating a company.
Indonesia permits qualifying foreign investment companies to buy recognized land rights, but foreign investors should not confuse these rights with unrestricted freehold ownership.
The type of land right determines permitted uses, duration, renewal rights, and transferability.
China lets qualifying foreign-invested enterprises to purchase property for approved business purposes. However, the Chinese legal framework is based on land-use rights rather than outright private ownership of land.
The legal structure in China is fundamentally different from most Western jurisdictions.
Why these countries are different
Rather than prohibiting foreign ownership outright, these jurisdictions regulate corporate acquisitions through investment laws, licensing regimes, land-right systems, or government approval processes.
A common misconception is that incorporating a company locally automatically removes these requirements.
In reality, authorities frequently examine beneficial ownership, business activities, licensing status, and the intended use of the property.
Which countries require local company ownership to buy land?
The Philippines and Cambodia generally do not allow foreign-controlled companies to own private land.
Instead, corporate land ownership usually requires the company to satisfy domestic ownership thresholds. Simply incorporating a local company is not enough if foreign investors retain control of the business.
These countries are often misunderstood because foreigners can establish companies there. However, the legal question is not whether a company exists—it is whether the company qualifies as a domestic company for land ownership purposes.
The Philippines permits companies to own private land only if they satisfy the constitutional requirement for Philippine ownership. In most cases, that means at least 60% of the company's capital must be owned by Philippine citizens.
A wholly foreign-owned Philippine company cannot generally purchase private land simply because it is incorporated locally.
Foreign investors instead commonly consider alternatives such as:
- Qualifying condominium ownership
- Long-term land leases
- Joint ventures with Philippine partners
- Philippine companies that satisfy the constitutional ownership requirements
Many foreign investors mistakenly assume that registering a Philippine corporation removes land ownership restrictions. The authorities instead examine who ultimately owns and controls the company.
Cambodia follows a similar principle as the Philippines. A company may own land if it qualifies as a Cambodian legal entity, which generally requires
A company that is locally incorporated but remains foreign-controlled does not automatically qualify to own land.
- Foreign investors therefore commonly use other structures depending on the asset, including:
- Eligible strata-title condominium ownership
- Long-term leases
- Investment partnerships
- Cambodian-qualified companies
Because land ownership restrictions are constitutional, nominee arrangements designed solely to disguise foreign ownership carry significant legal risk.
Why these countries are different
Unlike Australia or Saudi Arabia, these jurisdictions are not primarily regulating foreign investment approvals.
Instead, the restriction concerns who may legally own land.
That distinction is important because no amount of company formation, licensing, or tax planning changes the constitutional ownership rules.
Does a local company avoid foreign ownership restrictions?
Forming a local company does not necessarily avoid restrictions. In many countries, authorities look beyond where a company is incorporated and instead examine who ultimately owns or controls it.
A locally incorporated company can still be treated as a foreign investor if it is foreign-controlled.
This is one of the most common misconceptions among international property buyers.
Many investors assume that establishing a company in the destination country automatically gives them the same property rights as local businesses. In reality, many jurisdictions examine:
- Shareholder nationality
- Ultimate beneficial ownership
- Voting rights
- Board control
- Source of funds
- Shareholder agreements
- The company's licensed activities
- Whether local shareholders genuinely own and control the business
As a result, simply incorporating a company rarely changes the legal classification of the buyer.
For example:
- The Philippines generally requires companies owning private land to satisfy constitutional Philippine ownership thresholds.
- Cambodia requires companies to qualify as Cambodian legal entities before they can own land.
- Australia can still classify an Australian-incorporated company as a foreign person based on its ownership and control.
- Saudi Arabia examines investment licenses and business activities rather than merely whether a company exists.
This distinction explains why using nominee shareholders or artificial ownership arrangements can create serious legal risks in many jurisdictions.
Which countries restrict foreign corporate ownership of land?
Besides China and Indonesia which do not provide unrestricted freehold land ownership to foreign companies, Thailand, Vietnam, and several other markets also distinguish between owning buildings and owning the underlying land.
In these jurisdictions, investors often receive leasehold interests, land-use rights, or other limited property rights instead of perpetual freehold ownership.
Thailand generally allows foreigners to own qualifying condominium units but does not generally permit foreign individuals or foreign-controlled companies to own freehold land.
Investors instead often rely on long-term leases or carefully structured commercial arrangements where legally appropriate.
Vietnam
Vietnam allows qualifying foreign ownership of certain apartments and houses but continues to regulate land ownership separately through land-use rights rather than unrestricted private ownership.
United Arab Emirates
The UAE allows foreign companies to acquire property in designated ownership areas, but the rules differ between emirates and depend on whether the purchasing entity is onshore, offshore, or established in a recognized free zone.
One of the biggest misconceptions among overseas buyers is treating property ownership and land ownership as identical concepts.
In reality, many countries separate ownership of:
- the land
- the building
- development rights
- long-term use rights
- leasehold interests
Understanding that distinction is often more important than deciding whether to buy personally or through a company.
List of other countries where foreigners can buy property and land via company
Germany, Italy, the Netherlands, Ireland, the United Kingdom, and the United States generally allow companies with foreign shareholders to acquire real estate.
However, reciprocity rules, agricultural-land restrictions, foreign-investment screening, taxation, and property-specific regulations may still apply.
Canada also permits commercial and other corporate acquisitions, although foreign-controlled companies are currently restricted from purchasing certain residential property.
The countries discussed earlier represent only a portion of the global market.
Many popular destinations impose relatively few nationality-based restrictions on corporate ownership while instead regulating:
- taxation
- anti-money laundering compliance
- beneficial ownership
- foreign investment screening
- planning permission
- financing
Below are several markets commonly considered by international investors.
Germany
Germany generally permits foreign companies to purchase residential, commercial, industrial, and investment property.
Most transactions focus on taxation, financing, and due diligence rather than nationality-based ownership restrictions.
Italy
Italy similarly allows foreign companies to acquire real estate, although reciprocity rules may apply to some non-EU investors depending on their nationality.
Corporate ownership is frequently used for hospitality businesses, agricultural investments, commercial premises, and larger rental portfolios.
Netherlands
The Netherlands generally permits foreign companies to own property.
Investors typically focus more on transfer taxes, rental regulations, financing, and corporate taxation than ownership eligibility.
United Kingdom
The UK broadly permits foreign companies to acquire property, although overseas entities owning UK real estate must comply with beneficial ownership reporting requirements.
Corporate ownership remains common for commercial property, development projects, and larger investment portfolios.
United States
The United States generally allows foreign companies to purchase real estate with relatively few federal ownership restrictions.
However, state laws, taxation, reporting requirements, financing, and sector-specific national security reviews can all affect particular transactions.
Canada
Canada allows foreign companies to acquire some commercial property, development land, and residential buildings outside the federal definition of covered residential property.
However, foreign commercial enterprises are generally prohibited from purchasing covered residential property until January 1, 2027, subject to exceptions, while provincial rules may impose additional restrictions.
Is buying property through a company easier than buying personally?
Not necessarily. Buying property overseas through a company can simplify portfolio management, liability protection, and commercial investing, but it also introduces additional costs, compliance obligations, and tax considerations.
For investors purchasing a single overseas home, personal ownership may actually be the simpler option.
The decision should usually be based on the investor's objectives rather than assumptions about tax savings or legal advantages.
Purchasing through a company often makes more sense when:
- acquiring multiple investment properties
- operating a hotel or hospitality business
- undertaking property development
- investing with multiple shareholders
- purchasing commercial premises
- separating business assets from personal assets
Personal ownership may be more appropriate when:
- buying a primary residence
- purchasing a holiday home
- acquiring a single rental property
- minimizing annual compliance costs
- avoiding unnecessary corporate administration
Neither structure is universally superior.
The right choice depends on:
- the country
- the property type
- tax residence
- financing
- succession planning
- liability concerns
- long-term investment objectives
What are the biggest mistakes foreigners make when buying property through a company abroad?
The biggest mistakes when buying property via a company are assuming it bypasses foreign ownership rules, choosing the wrong ownership structure, overlooking tax consequences, and failing to understand what rights are actually being purchased.
Many of these problems are avoidable with proper planning.
Assuming incorporation changes ownership rights
Perhaps the most common misconception is believing that a locally registered company automatically becomes a domestic buyer.
Many countries instead examine the company's shareholders and beneficial owners.
Confusing property ownership with land ownership
Owning a building does not always mean owning the underlying land.
Countries such as China and Indonesia distinguish between land-use rights and unrestricted freehold ownership, while Thailand and Vietnam also separate land ownership from certain property interests available to foreigners.
Buying through a company for a single holiday home
Many investors establish companies believing they will reduce taxes.
In reality, company ownership often introduces:
- Annual accounting fees
- Corporate filings
- Additional tax returns
- Banking compliance
- Beneficial ownership reporting
For someone purchasing a single holiday property, those costs may outweigh any potential benefits.
Ignoring exit planning
The best ownership structure is often determined by how the investment will eventually be sold.
Selling:
- the property,
- the company,
- company shares,
- or transferring ownership to family
can each produce very different legal and tax outcomes.
Planning the exit before the purchase is often easier than restructuring years later.
Using nominee shareholders
In countries where land ownership depends on domestic ownership thresholds, nominee arrangements designed solely to disguise foreign ownership can expose investors to disputes, unenforceable agreements, regulatory penalties, or challenges to ownership.
What should foreigners check before buying property through a company?
Before buying overseas property through a company, investors should confirm that the company can legally own the property, understand tax and compliance obligations, and ensure the ownership structure matches their long-term targets.
The following checklist can help identify the main issues before committing to a purchase.
Confirm the company can legally own the property
The first question is not whether companies can buy property. It is whether your company can buy that particular property.
Some countries distinguish between:
- domestic companies
- foreign companies
- foreign-controlled domestic companies
- licensed investment companies
Those categories often determine ownership rights.
Check the type of property
Different rules frequently apply to:
- Residential property
- Commercial buildings
- Agricultural land
- Development land
- Coastal property
- Border areas
- Strategic assets
Restrictions affecting one category may not apply to another.
Understand exactly what is being acquired
Not every property purchase transfers unrestricted freehold ownership.
Depending on the country, the company may instead receive:
- Leasehold
- Land-use rights
- Building ownership only
- Development rights
- Long-term occupancy rights
Understanding the legal nature of the interest being purchased is essential.
Review taxes before buying
Property taxes extend far beyond the purchase price.
Investors should understand:
- Transfer taxes
- Stamp duty
- VAT or GST
- Annual property taxes
- Corporate income tax
- Capital gains tax
- Dividend or withholding taxes
- Inheritance or succession taxes where applicable
The lowest purchase tax does not always produce the lowest long-term ownership cost.
Consider financing
Some banks lend more readily to individuals than companies; others prefer corporate borrowers for commercial property.
Loan availability, deposit requirements, guarantees, and interest rates can all differ depending on the ownership structure.
Think about the exit strategy
A company that works well for acquisition may be less suitable for disposal.
Before purchasing, investors should consider:
- Selling the property
- Selling company shares
- Bringing in new investors
- Passing assets to family
- Liquidating the company
Planning ahead often avoids expensive restructuring later.
Which ownership structure is usually best for overseas property?
There is no universally best ownership structure. Individual ownership, company ownership, trusts, and partnerships each suit different investment objectives.
The right choice varies based on the property, the country, taxation, succession planning, financing, liability, and the investor's objectives long-term.
The following comparison provides a general overview.
| Ownership structure | Often best suited for |
| Individual ownership | Primary residences, holiday homes, single rental properties |
| Company | Commercial property, development, multiple investors, larger portfolios |
| Holding company | Cross-border investment portfolios, asset segregation, corporate groups |
| Partnership | Joint investments where investors actively participate |
| Trust | Succession planning, asset protection, family wealth planning in appropriate jurisdictions |
The simplest structure is not always the least effective, and the most sophisticated structure is not always the most efficient.
Choosing the right ownership vehicle should follow the investment strategy—not the other way around.
Conclusion
Many countries allow foreigners to buy property through companies, but the legal framework differs far more than many investors realize.
Rather than asking whether a company can buy property, investors should ask a more specific question: Can my company legally own this type of property in this country under my ownership structure?
That distinction often determines whether the investment proceeds smoothly or encounters avoidable legal, tax, or regulatory complications.
FAQs
Can I use my existing overseas company to buy property?
Often yes, but not always. Some countries permit foreign companies to purchase directly, while others require a locally incorporated company, investment approval, or compliance with foreign ownership rules.
Tax consequences should also be reviewed before using an existing company.
Does buying through a company reduce taxes?
Not automatically. While company ownership may offer tax advantages in some situations, it can also create additional compliance costs, corporate taxation, and tax consequences when profits are distributed or the property is sold.
Tax efficiency depends on the investor's circumstances and the country's legal framework.
Does buying property through a company provide residency or citizenship?
Generally, no. Purchasing property through a company does not automatically provide residency, permanent residence, or citizenship.
Where investment migration programs exist, they have separate eligibility criteria that are independent of the ownership vehicle used to acquire the property.
Can a foreign company get a mortgage to buy overseas property?
Yes, but financing is often more restrictive than for individual buyers. Some lenders prefer corporate borrowers for commercial property, while others require larger deposits, personal guarantees, or proof of the company's financial history.
Mortgage availability also varies significantly by country and property type.
Can buying property through a company help with inheritance or succession planning?
Sometimes. Holding property through a company may simplify transferring ownership by selling or gifting shares rather than transferring the property itself.
However, succession, inheritance, and tax rules differ widely between jurisdictions, so the structure should be assessed alongside estate planning objectives.
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