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Can Foreigners Buy Property in Florida?

Yes — foreign nationals can purchase Florida real estate with virtually the same rights as US citizens. The US imposes no restrictions on foreign national property ownership. What changes is not the right to purchase, but the tax and legal framework: FIRPTA withholding at sale (15% of gross proceeds...

The Legal Right to Purchase

Foreign nationals — whether non-resident aliens, visa holders, permanent residents, or foreign corporations — can purchase, own, and sell Florida real estate without restriction. The US does not require foreign buyers to obtain government approval before purchasing. Foreign nationals can own property in their personal name, through a US LLC, through a foreign corporation, or through a trust. The specific ownership structure affects the US estate tax exposure, the FIRPTA withholding at sale, and the privacy of ownership — but the right to purchase is not affected by nationality, visa status, or country of origin. The one restriction to note: the Agricultural Foreign Investment Disclosure Act (AFIDA) requires disclosure of foreign purchases of agricultural land. Residential Florida real estate has no equivalent requirement.

The Four Key Differences for Foreign Buyers

(1) FIRPTA withholding at sale: when a foreign person sells US real property, the buyer’s closing agent withholds 15% of the gross sale proceeds. On a $2M Florida sale, $300,000 is withheld regardless of the actual gain. The actual tax owed is computed on the annual return; excess withholding is refunded. (2) US estate tax exposure: non-resident aliens face US estate tax on US-situs assets at rates up to 40% with only a $60,000 exemption. A $2M Florida condo owned personally by a non-resident alien produces a potential US estate tax liability of up to $776,000. Entity structuring is the primary mitigation. (3) Financing differences: foreign national mortgage programs require alternative documentation (foreign bank statements, employer letters) instead of US W-2s and Social Security numbers. Down payment minimums: 25–40%. (4) Rental income reporting: foreign nationals who rent their Florida property must file US tax returns reporting rental income and paying US tax on net income.

Visa Status and Ownership

Visa status does not restrict the right to purchase US real estate, but affects certain programs: (1) Non-visa holder (foreign national): can purchase through foreign national mortgage programs or cash. No homestead exemption. Subject to US estate tax. (2) Tourist visa (B-1/B-2): can purchase real estate; same foreign national mortgage programs apply. (3) Investor visa (EB-5): provides a path to permanent residency through qualifying commercial investment. (4) Work visa (H-1B, L-1): can purchase through standard domestic or foreign national programs; may be eligible for homestead exemption if a Florida resident. (5) Permanent resident (Green Card): treated as a resident alien for tax purposes; can use standard US mortgage programs; subject to US estate tax as a domiciliary if domiciled in the US.

Florida Market Context

Florida’s specific appeal: no state income tax, no state capital gains tax, strong property rights, USD-denominated asset (currency hedge), year-round climate, and proximity to Latin America and Europe. The top source countries in 2025: Canada ($1.9B, 52% increase), Colombia ($925M), Brazil ($762M), Mexico, UK, Argentina. Each brings different motivations: Canadians are lifestyle-motivated (snowbird second homes); Colombian and Brazilian buyers are capital preservation-motivated (dollar hedge against peso/real devaluation); UK and European buyers are investment and lifestyle-motivated; Chinese buyers are capital diversification-motivated.

Own Luxury Homes® Related Hubs: Privacy & Asset Protection — Luxury Condo — Waterfront Florida — Relocation Hub

Frequently Asked Questions

Can a non-US citizen buy property in Florida?

Yes. There are no restrictions on foreign national property ownership in Florida or any US state. Foreign nationals can purchase in personal name or through a legal entity. Visa status does not restrict the right to purchase.

What is the biggest tax risk for a foreign buyer?

US estate tax on US-situs assets. Non-resident aliens have only a $60,000 estate tax exemption on US assets. A $2M property owned personally produces up to $776,000 in potential US estate tax at death. LLC ownership through a foreign corporation is the standard mitigation structure.

Does a foreign buyer need a US bank account?

Not strictly required, but strongly recommended. A US bank account simplifies the wire transfer for closing funds, facilitates rental income collection, and is required by many foreign national mortgage lenders.

Can a foreign national own a rental property in Florida?

Yes. Foreign nationals can own and rent Florida real estate. Rental income must be reported on a US tax return (Form 1040-NR). The net income election — paying tax on net income after deductions rather than 30% on gross income — is almost always more tax-efficient.

How the Right Specialist Changes the Outcome

Most Florida real estate agents have never closed a foreign national transaction. They have never seen a FIRPTA withholding at closing, have never coordinated with a FIRPTA-competent closing attorney, and have never discussed with a buyer whether the purchase should be structured through a US LLC or a foreign corporation. For a domestic buyer, this gap doesn’t matter. For a foreign national buyer, it means the agent is learning on the buyer’s transaction — at the buyer’s cost. The specialist introduced through the Own Luxury Homes® International Buyer Verification Standard™ has: (1) documented transaction history closing foreign national buyer purchases at the buyer’s specific price tier; (2) existing relationships with FIRPTA-competent closing attorneys in the relevant Florida market; (3) foreign national mortgage lender contacts at the buyer’s required loan amount; and (4) international tax attorney referrals for entity structuring. The verification is done before the introduction — not discovered after the offer is signed.

Related International Buyer Guides

FIRPTA Guide — LLC & Entity Ownership — Foreign National Mortgage Guide — Florida Property Tax for Foreign Owners — Return to International Buyer Hub ›