A Guide for Non-Citizens Buying or Selling Real Estate in Florida

Buying or selling property in the U.S. can be complex — even more so when one of the parties is not a U.S. citizen. While U.S. law allows non-citizens to purchase residential and commercial real estate, there are important legal, financial, and tax issues that attorneys and real estate professionals should keep in mind to ensure a smooth transaction.

Non-Citizens Can Purchase Property Without a Visa

There are no visa requirements to buy property in the United States. Whether on a temporary visa such as a B-1 or B-2, or even without legal immigration status, a person may still own real estate. Many non-citizens purchase homes for personal use or as investment properties, and some rent them out when they return to their home country.

However, owning property in the U.S. does not grant any immigration benefits or legal status. Foreign property owners remain subject to U.S. immigration laws, and property ownership alone cannot prevent removal proceedings.

While a Social Security number isn’t required to buy real estate, a foreign buyer who wishes to secure financing or sell their property may need to obtain an Individual Taxpayer Identification Number (ITIN) from the IRS.

Financing Can Be a Challenge

For many foreign buyers, obtaining a mortgage is the most difficult step. U.S. lenders typically require a higher down payment, extensive documentation, and may offer loans with higher interest rates. Because of these hurdles, some foreign buyers choose to secure financing in their home country and purchase the U.S. property with cash.

Understanding Tax Obligations

Taxes can be one of the most complicated aspects of property ownership for non-citizens. Property owners may be subject to several types of taxes, including:

• Property taxes at the local level

• Income tax on rental income

• Capital gains tax when selling the property

• Estate or inheritance taxes in the event of death

Under the Foreign Investment in Real Property Tax Act (FIRPTA), the IRS requires a 15% withholding of the gross sale price when a foreign person sells real estate in the U.S. This is to ensure proper tax collection. If the actual tax liability is less than 15%, the seller may apply for a reduced withholding.

Additionally, some non-citizen property owners may not qualify for capital gains exclusions that apply to U.S. residents because they do not meet the residency requirements.

State-Level Restrictions

While federal law does not prohibit non-citizens from buying property, some states have started imposing restrictions — particularly on agricultural land or properties near military bases.

In Florida, for example, lawmakers have debated limits on property ownership by individuals or entities from certain “foreign countries of concern.” The issue remains unsettled, making it essential for buyers and sellers to consult legal professionals familiar with both state laws and ongoing court interpretations.

The Bottom Line

Non-citizens can freely buy and sell real estate in the U.S., but the process often involves additional steps and unique legal considerations. From financing and taxation to compliance with state restrictions, careful planning and proper legal guidance can prevent costly delays and ensure a successful transaction.

If you’re a non-citizen looking to buy or sell property in Florida, Askew & Associates, P.A. can help you navigate the process with clarity and confidence.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.