LuxuryDade tracks the Miami foreign-buyer process end to end, and the order matters more than the money: you can wire the full cash price for a Brickell condo and still stall for months without an ITIN, a US bank account and a FIRPTA plan. Foreign buyers purchased $4.4 billion of South Florida residential property in 2025, up from $3.1 billion in 2024, per the MIAMI Association of Realtors. Here is the exact sequence, with every tax figure checked against the IRS and the Florida Statutes.
This is general information, not legal or tax advice. Confirm every figure with your own attorney and CPA before you sign or wire anything.
Last verified: September 16, 2026 against the NAR 2026 International Transactions report, the MIAMI Realtors international report released January 27, 2026, the current IRS pages on FIRPTA, nonresident estate tax and nonresident rental income, FinCEN’s beneficial-ownership and residential-real-estate notices, and Part III of Chapter 692 of the 2026 Florida Statutes.
Foreign national buyers purchased $4.4 billion of South Florida residential real estate in 2025, up from $3.1 billion in 2024, according to the Miami Association of Realtors. Argentine, Colombian, Canadian, Brazilian, Mexican, British, German, French, Italian, Swiss, and Russian buyers are all active in this market. If you are buying from outside the United States, the transaction is mechanically different from a US-resident purchase. This guide walks through every step.
The order to buy Miami real estate as a foreign national
Buyers get into trouble when they do these out of order, wiring a deposit before the banking and tax setup exists. This is the sequence I walk every foreign client through:
- Pick the deal type first: pre-construction vs resale, branded vs non-branded. It changes your deposit schedule, your timeline, and your FIRPTA exposure at exit.
- Set up identity and banking: file for an ITIN (Form W-7) and open a US bank account. Nothing funds cleanly until these exist.
- Choose the holding structure: personal name, US LLC, or a foreign entity over a US LLC, weighing estate tax and privacy before you take title.
- Plan the financing: all-cash or a foreign-national mortgage. Lenders here do not need US credit history, but they need the paperwork lined up early.
- Plan the tax exit: map the 15 percent FIRPTA withholding on the amount realized, and any tax-treaty position, now rather than at resale.
- Then select the property and go to contract, with all of the above already in place.
Step 1: Get an ITIN (Individual Taxpayer Identification Number)
Non-US buyers need an ITIN to file US tax returns on the property. You apply on IRS Form W-7 with supporting identity documents, and a Certified Acceptance Agent or your real estate attorney can handle the submission. Two points the IRS is explicit about, and that cost buyers time when they are missed. First, an ITIN is issued only where there is a valid reason for one, so an application filed with no filing requirement and no binding contract behind it gets denied (IRS FIRPTA withholding, Question 12). Second, there is one documented fast path: when Form W-7 is filed together with Form 8288-B, the IRS processes the ITIN request within 10 days. Outside that path, check the current processing time on the IRS Form W-7 page rather than working from a number you read somewhere, and have the ITIN in hand by closing. To see which countries are buying most and how much they spend, read the Miami foreign buyer flow report for 2026.
Step 2: Open a US Bank Account
Most Miami banks open accounts for non-residents: Chase, Bank of America, Wells Fargo, City National Bank of Florida, Santander. Walk-in with passport, proof of foreign address, ITIN (if available), and initial deposit ($5,000-$25,000 minimum). This account funds deposits, wires, and ongoing carrying costs.
Step 3: Choose Your Ownership Structure
Three common options: (1) Personal name, simple, but it puts your US-situated assets squarely in the US estate tax net. The Form 706-NA filing threshold for a nonresident who is not a US citizen is only $60,000 of US-situated assets, and the IRS states plainly that this threshold is not indexed for inflation (IRS, estate tax for nonresidents not citizens of the United States). Above it, graduated estate-tax rates apply and top out at 40 percent (IRS Form 706-NA). A treaty with your home country can change the result, which is exactly why the structure is a pre-purchase decision. (2) US LLC, pass-through taxation, adds asset protection and estate-tax planning room. Florida charges $125 in required formation fees ($100 filing plus $25 registered agent) and a $138.75 annual report (Florida Division of Corporations fee schedule). (3) Foreign corporation holding a US LLC, a layered structure used for privacy and estate planning, and the one option that changes your FinCEN reporting position, as covered in the next section. Consult a CPA who knows your home country's tax treaty with the US before choosing. One thing to settle early: buying property does not give you a visa. If US residency is part of your goal, the structure changes, and I lay out how that works in my EB-5 visa and Miami real estate investment breakdown.
Buying Privately: What an LLC Does and Does Not Hide in Florida
Privacy is the first question a lot of my international clients ask, and the honest answer is that an LLC helps but is not a cloak. A Florida LLC keeps your personal name off the public deed and property-tax record, which is real value if you do not want your address searchable.
The federal reporting picture changed in 2026, and it changed in the buyer’s favour, so any guide still telling you that a Florida LLC must report its owners to FinCEN is out of date. On August 11, 2026 FinCEN issued a final rule, effective August 14, 2026, making permanent the exemptions it first introduced in the interim final rule of March 26, 2025. Under that final rule, entities created in the United States are exempt from Corporate Transparency Act beneficial-ownership reporting, reporting companies do not report beneficial-ownership information for US-person owners, and US persons do not have to supply it (FinCEN, Beneficial Ownership Information Reporting).
Read the exemption carefully before you pick a structure, because it turns on where the entity was formed, not on who owns it. A Florida LLC is a US-created entity and is exempt. An entity formed under the law of a foreign country that then registers to do business in Florida is still a reporting company under the revised definition, though it does not report its US-person beneficial owners. So the layered foreign-parent structure that helps on estate tax is also the one structure here that carries a live federal reporting duty. That is a trade-off to price in with your attorney, not a reason to avoid it.
My advice to every entity buyer is unchanged by the good news: structure as if disclosure will be required. Rules in this area have moved three times in eighteen months, and a structure that only works while an exemption holds is not a structure. If discretion is the priority, a Florida LLC is the right tool for keeping your name off the public record, just do not treat it as anonymity from the IRS.
Step 4: Arrange Financing (If Not All-Cash)
Most foreign buyers here do not finance at all. 51 percent of South Florida international buyers paid cash in 2025, against a national foreign-buyer figure of 47 percent that year (MIAMI Association of Realtors), and the national figure for the April 2025 to March 2026 year is 48 percent (NAR 2026 International Transactions report).
If you do finance, foreign-national mortgages come from specialty lenders rather than the retail branch. On the terms, I am giving you my own experience rather than a published rate sheet, because these programs are priced deal by deal and nobody publishes a reliable average: in the files I have worked, foreign-national buyers have been asked for a materially larger down payment than a US-resident borrower on the same unit, and have paid a premium over prevailing US-resident jumbo pricing. Get the number in writing from the lender for your own file and do not plan around a range you found in an article, including mine. What is consistent is the documentation: no US credit history is required, and lenders underwrite on bank statements, asset statements and home-country income documents.
Step 5: FIRPTA Withholding at Resale
When you eventually sell, the Foreign Investment in Real Property Tax Act (FIRPTA) makes the buyer withhold 15 percent of the amount realized and send it to the IRS. Note the base: the amount realized, not your gain and not your net proceeds (IRS, FIRPTA withholding). This is a withholding, not the tax itself. You file a US return to reconcile the actual tax owed against what was withheld.
Two thresholds and one form are worth knowing at purchase, because they are the difference between a refund you wait a year for and cash you keep at closing. Where the buyer is acquiring the property as a residence, withholding is eliminated if the amount realized is $300,000 or less, and reduced where the amount realized falls between $300,000 and $1 million. The $300,000 test is applied to the total amount realized on the disposition, not to each seller’s share, so two co-owners cannot split their way under it. And where the statutory 15 percent would exceed your actual tax on the sale, you or the buyer can apply on Form 8288-B for a withholding certificate allowing a reduced rate. The IRS normally acts on that application within 90 days of receiving everything it needs, which is why the application is started before closing, not after.
Step 6: Annual Compliance
File IRS Form 1040-NR annually to report US rental income, if any, and the capital gain on sale. If you hold through a US LLC with foreign ownership, Form 5472 applies. Property tax and HOA fees are paid directly, and simply owning a property that produces no income does not by itself create a US filing obligation.
Rental income is where the biggest avoidable tax bill on this page sits. Income from US real property owned by a nonresident alien is taxed at a flat 30 percent of the gross rent, or a lower treaty rate, when it is not effectively connected with a US trade or business, and no deductions are allowed against it. Depreciation, interest, HOA dues, taxes, management, none of it. A nonresident who holds the property for the production of income can instead elect under Internal Revenue Code section 871(d) to treat all income from US real property as effectively connected, which moves you onto a net basis where those expenses come off first. The election is made by giving Form W-8ECI to the withholding agent in the first year (IRS, nonresident aliens and real property located in the US). On a leveraged Brickell rental the difference between 30 percent of gross and a normal rate on net is routinely the whole year’s cash flow, so this is a conversation to have with your CPA before the first tenant moves in, not at filing time.
"With foreign-national buyers, the first call I have is usually about the ITIN and FIRPTA mechanics, not the unit, because getting the tax and entity structure mapped before the reservation is what keeps the closing clean."Gerardo Gonzalez, Licensed Real Estate Agent at Compass
2026 Market Data: Where Foreign Capital Is Flowing
The MIAMI Association of Realtors international report, released January 27, 2026, is the primary source for South Florida foreign-buyer volume. It reports that foreign buyers purchased $4.4 billion of South Florida residential property in 2025, up from $3.1 billion in 2024, across 5,300 properties against 4,000 the prior year. Those buyers came from 55 countries, Colombia finished as the top source country, and Colombia and Argentina together accounted for 27 percent of all South Florida international closed sales. South Florida’s foreign-buyer share of residential dollar volume was 15 percent, seven times the US figure of 2 percent and more than three times the Florida figure of 5 percent (MIAMI Association of Realtors).
The same report describes the buyer, and the profile explains a lot about how these deals actually run. Miami-Dade County absorbed 73 percent of South Florida’s foreign buyers, $3.2 billion of volume. 51 percent of South Florida international buyers bought condominiums, against a US foreign-buyer average of 15 percent, 63 percent bought in central or urban areas, and 71 percent intended the property mainly for vacation or rental use. Most striking for anyone who thinks this is a fly-in-and-tour market: 65 percent of South Florida foreign buyers visited Florida twice or less before purchasing, and about 11 percent bought without visiting Florida at all in 2025 (MIAMI Association of Realtors). For the top of the market see the Miami $5M+ ultra-luxury cohort, and for neighborhood-level breakdowns my Miami neighborhood guide and the Q1 2026 pre-construction market report.
| Source Country | What the MIAMI report says | Where I see these buyers (my observation) |
|---|---|---|
| Colombia | Top source country for South Florida in 2025 | Brickell, Edgewater |
| Argentina | With Colombia, 27% of all South Florida international closed sales | Sunny Isles, Bal Harbour |
| Brazil | Among the listed South Florida source countries | Brickell, Coconut Grove |
| Canada | Among the listed South Florida source countries | Aventura, Bay Harbor |
| Mexico | Highest median purchase price of South Florida foreign buyers | Coral Gables, Coconut Grove |
Country-specific guides for Colombian buyers, Argentine buyers, Brazilian buyers, Canadian buyers, and Russian buyers cover home-country tax treaties, fund-routing mechanics, and OFAC compliance specific to each market.
Florida SB 264: Restricted Countries and What You Need to Know
SB 264, effective July 1, 2023, is now codified as Part III of Chapter 692 of the Florida Statutes, sections 692.201 through 692.205, and its definitions section was amended again in the 2026 legislative session (2026 Florida Statutes, Chapter 692). Read the statute rather than the headlines, because the headlines get the scope wrong in the buyer’s disfavour.
The law restricts foreign principals, which is narrower than "nationals of". For a natural person, the statute defines a foreign principal as someone who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States. Citizenship alone does not put you inside the law: a citizen of a listed country who is a US lawful permanent resident, or who is domiciled somewhere else entirely, is not a foreign principal under this definition. It also reaches governments, political parties, entities organised under the law of or headquartered in a listed country, and anyone with a controlling interest in an entity formed to own Florida real property. The listed foreign countries of concern are China, Russia, Iran, North Korea, Cuba, the Venezuelan regime of Nicolas Maduro, and Syria.
Two different prohibitions then apply. Section 692.202 bars a foreign principal from agricultural land. Section 692.203 bars a foreign principal from real property on or within 10 miles of any military installation or critical infrastructure facility. Note what "critical infrastructure facility" actually means: the statute gives a closed list of chemical manufacturing plants, refineries, electrical power plants, water and wastewater treatment plants, LNG terminals, telecommunications central switching offices, gas processing plants, seaports, spaceport territory and airports, and only where the site uses fences, barriers or guard posts to exclude unauthorised persons. A general "government facility" is not in the statute, and a military installation must encompass at least 10 contiguous acres under Department of Defense jurisdiction. Section 692.204 is the broadest provision and applies to China: the persons and entities it lists may not acquire any interest in Florida real property.
There is a personal-use exception, and it is not a price test. Under sections 692.203(4) and 692.204(2), a natural person may purchase one residential property of up to 2 acres if the parcel is not on or within 5 miles of any military installation, the person holds a current verified United States visa that is not limited to tourist travel (or official documentation granting asylum) authorising them to be legally present in Florida, and the purchase is made in the name of the visa holder. There is no dollar cap in the statute, and any figure you see quoted as one is not in the law. The exception is personal and by its terms does not cover an entity-held purchase.
The penalties differ by section, which is another detail that gets flattened in summaries. A violation of section 692.204, the China provision, is a third-degree felony, and knowingly selling in violation of it is a first-degree misdemeanor. A violation of the agricultural-land or 10-mile provisions is a second-degree misdemeanor for the buyer, and also for a seller who knowingly sells in violation. Property held in violation may be forfeited to the state. Separately, buyers of covered property must sign an affidavit under penalty of perjury at closing, and a foreign principal who owns qualifying property must register with the Department of Commerce or face a civil penalty of $1,000 for every day the registration is late. Failing to obtain the affidavit does not affect title or insurability. Property acquired for a recognised diplomatic purpose is outside Part III entirely.
My practical read on the geography, and this is my read rather than a published map: because the statute’s closed list includes seaports and airports, a 10-mile radius drawn from PortMiami and Miami International Airport covers a large share of the urban core where most of our inventory sits. So if any buyer, or any owner of a buying entity, might be a foreign principal, the answer is a parcel-level written opinion from a Florida real estate attorney before the contract is signed. It is not a question to settle with a rule of thumb.
- Foreign countries of concern: China, Russia, Iran, North Korea, Cuba, the Venezuelan regime of Nicolas Maduro, Syria
- Who is covered: a "foreign principal", which for an individual means someone domiciled in one of those countries who is not a US citizen or lawful permanent resident, plus listed governments, parties and entities
- Prohibited: agricultural land, and real property on or within 10 miles of a military installation or a listed critical infrastructure facility; for China, any Florida real property
- Personal-use exception: one residential property up to 2 acres, more than 5 miles from any military installation, bought in the name of a holder of a non-tourist US visa or asylum documentation. There is no price cap in the statute
- Penalties: third-degree felony under the China provision; second-degree misdemeanor under the agricultural-land and 10-mile provisions; possible forfeiture; $1,000 per day for late registration
- Action required: a parcel-level written opinion from a Florida real estate attorney before contract signing for any buyer or entity owner who might be a foreign principal
DSCR Loans: Finance Miami Property Without US Income Documents
Debt Service Coverage Ratio (DSCR) loan programs have become the most practical financing route for foreign national investors in 2026. Unlike conventional mortgages, DSCR loans underwrite the rental income potential of the property, not your personal income or employment history. You need no US tax returns, no W-2, and no US pay stubs. Lenders verify that the projected rent covers the projected mortgage payment by a set margin, and in my experience most Brickell and Edgewater investment units clear the tests I have seen applied. The exact ratio is a lender-by-lender underwriting choice, so treat it as something to confirm in your own term sheet rather than a market constant.
I am deliberately not publishing a down-payment percentage, a rate or a loan cap for these programs. Foreign-national DSCR terms are not posted, they are quoted per file, and the ranges that circulate in articles go stale within a quarter and then get repeated for a year. What I can tell you from the files I have worked is the shape: expect a materially larger down payment than a US-resident borrower would face on the same unit, expect a premium over prevailing US-resident pricing, and expect the lender to care far more about the unit’s rent than about you. Get your own written term sheet and underwrite off that. On how many buyers need any of this, 51 percent of South Florida international buyers paid cash in 2025 (MIAMI Association of Realtors), and nationally 48 percent of foreign buyers paid cash in the April 2025 to March 2026 year (NAR 2026 International Transactions report). For the full breakdown of DSCR structure and underwriting, see my DSCR loans for foreign buyers guide.
FinCEN's 2026 Residential Real Estate Rule: What Changed for LLC Buyers
If you plan to hold your Miami property through an LLC, trust, or other legal entity, 2026 brought a regulatory development you need to understand. FinCEN's Residential Real Estate Rule took effect March 1, 2026, requiring title companies and settlement agents to report the beneficial ownership of any entity buying residential property in an all-cash, non-financed transfer. Under the rule a beneficial owner is anyone who exercises substantial control over the entity or owns at least 25 percent of it. The rule applied only to entity and trust buyers, not to individuals purchasing in their own name (FinCEN, Residential Real Estate Rule).
Here is the twist that matters for your planning. On March 19, 2026, the US District Court for the Eastern District of Texas issued an order vacating the Residential Real Estate Rule, and FinCEN has carried that alert on its own rule page since (FinCEN, Residential Real Estate Rule). So the rule took effect and was struck down inside three weeks, and it is not currently enforceable. It can still be reinstated on appeal.
Put that next to the beneficial-ownership change in the previous section and the pattern is clear: this area of law has moved repeatedly, in both directions, within eighteen months. I tell every entity buyer the same thing. Do not build a structure whose only merit is that a reporting exemption currently holds, and do not assume an all-cash entity purchase in Miami-Dade is invisible, because federal reporting programs have repeatedly reached exactly this transaction. Treat disclosure as the baseline and you are never the buyer scrambling when a rule comes back. For the entity mechanics themselves, see my LLC structuring guide for foreign buyers.
Why Miami Leads Every US Market for Foreign Capital in 2026
The scale of foreign demand in South Florida is larger than most buyers realize, and it explains why branded new-construction pricing holds firmer than resale. Per the MIAMI Association of Realtors international report released January 27, 2026, foreign buyers purchased $4.4 billion of South Florida residential property in 2025, up from $3.1 billion in 2024, across 5,300 transactions versus 4,000 the prior year, with buyers from 55 countries. South Florida’s foreign-buyer share of dollar volume was 15 percent, seven times the 2 percent US figure and more than three times the 5 percent Florida figure, and South Florida accounts for about 10 percent of all international home sales in the entire United States (MIAMI Association of Realtors).
Miami-Dade County absorbed the largest slice: 73 percent of South Florida’s foreign buyers, totalling $3.2 billion of volume in 2025. On the new-construction side the international tilt is sharper, and it comes from a different MIAMI report that is often quoted as if it were the same one. Per the new-construction global sales report of November 2025, global buyers accounted for 52 percent of South Florida new-construction, pre-construction and condo-conversion sales over the trailing 22 months, with buyers arriving from 73 countries (MIAMI Association of Realtors new-construction report). The 73-country figure belongs to that study, not to the annual international report, whose 2025 count is 55. This is the structural reason I keep telling clients that pre-construction deposit schedules in branded towers do not negotiate the way resale prices do. The buyer pool is global and deep. For the building-by-building view of where this capital is landing, see the Q1 2026 pre-construction market report and my Miami neighborhood guide.
Currency Timing and Capital Routing by Source Country
The mechanics of moving money into a US closing differ sharply by home country, and getting them wrong costs more than most buyers expect. Colombia and Argentina together account for 27 percent of South Florida international closed sales, followed by Mexico, Brazil, and Venezuela. For buyers from countries with capital controls or volatile local currencies, the timing of the conversion to dollars often matters as much as the purchase price itself. A 5 percent swing in the local-currency-to-dollar rate over a 6-month pre-construction deposit window can move the effective cost more than a hard-won price negotiation.
Three practical rules I give every international buyer. First, open the US bank account before you wire anything, because funds arriving ahead of an account trigger the FinCEN reporting complications I flagged above. Second, route funds through a regulated channel that produces a clean paper trail, since US title companies require documented source-of-funds before they release keys. Third, coordinate the currency conversion with your deposit milestones rather than converting the full amount up front, so you are not exposed to a single bad exchange-rate day. Country-specific guides for Colombian buyers, Argentine buyers, and Brazilian buyers cover the home-country fund-routing and treaty mechanics for each market in detail.
National Context: The 2026 Foreign-Buyer Rebound and Where Miami Fits
Zoom out and the national picture turned, which matters because the version of this story most sites are still running is a year out of date. The NAR 2026 International Transactions in US Residential Real Estate report, released July 29, 2026, covers April 2025 through March 2026. Foreign buyers purchased $45.3 billion of US existing homes in that year, a decline of roughly 19 percent in dollar volume, and closed on 67,100 properties, down 14 percent and the second-lowest level since NAR began tracking foreign-buyer activity in 2009. NAR’s chief economist attributed the fall to the parallel decline in international visitors to the United States (NAR news release, July 29, 2026). Florida remained the top destination state, at about 20 percent of foreign purchases.
I would rather tell you that than repeat the prior year’s rebound headline. The previous edition showed $56 billion and 78,100 properties for April 2024 to March 2025, so anyone quoting those numbers in late 2026 is describing a market that has since contracted. What did not change is the concentration: Florida is still first, and South Florida still takes roughly a tenth of all international home sales in the country.
Two data points from the 2026 edition shape how I coach clients on offer strategy. The median foreign-buyer purchase price was $465,000, and 48 percent of foreign buyers paid entirely in cash (NAR 2026 International Transactions report). What this means on the ground has not changed even as volume fell: when you bid on a Miami condo you are frequently competing against an all-cash international buyer who can close in weeks. My advice to financed foreign buyers is to get a foreign-national DSCR loan pre-approval in writing before you tour, so your offer reads as close to cash as the paperwork allows. For the building-level demand map, the Q1 2026 pre-construction report shows where this capital is concentrating.
2026 Mid-Year: Why the Dollar and Country Risk Keep Miami Bid
Here is my own read on why South Florida held up better than the national numbers, offered as judgment rather than as a statistic, because I have no survey that measures motive and I am not going to invent one. The buyers I work with are not chasing yield. They are moving money out of a currency or a jurisdiction they do not trust, and a dollar-denominated Miami asset is as much a hedge as it is a home. Florida adds no state income tax to the calculation. What the data does support is that the intent is mostly not primary residence: 71 percent of South Florida foreign buyers intended the property mainly for vacation or rental use (MIAMI Association of Realtors). A capital-preservation buyer is a more durable buyer than a speculator, and that is the mechanism I think explains why branded pre-construction pricing has softened less than older resale stock.
The thing I tell buyers weighing entry timing in 2026: do not try to time the dollar to the day. If your home currency is weak against the dollar, waiting for a reversal has historically cost more than it saved, because the country risk you are hedging against does not pause while you wait. What I do recommend is staging the conversion against your deposit milestones, as covered above, and locking developer pricing tiers early in a launch while lower floors and preferred lines are still on the reserve list. For the tax mechanics that make Florida structurally attractive to international capital, see the country-by-country tax guide.
Common Mistakes I See
- Buying in personal name without understanding US estate tax exposure
- Wiring the full purchase price before opening a US bank account, creates FinCEN reporting complications
- Choosing a generic US tax preparer instead of a CPA who knows your home-country treaty
- Skipping title insurance, US title issues are handled differently than in civil-law jurisdictions
- Assuming an all-cash purchase avoids US reporting obligations. Federal reporting programs have repeatedly reached all-cash entity transfers in Miami-Dade, and the current position is in flux after the March 2026 vacatur, so check the live status on FinCEN rather than assuming either way
"Every foreign buyer I have worked with who structured the purchase properly before closing did it for a fraction of what unwinding it afterwards would have cost. I am not going to put a number on the saving, because it depends entirely on your home country, your treaty position and how long you hold. What I will say is that the planning fee has never been the expensive part of the transaction."
Ready to structure your Miami purchase correctly? Reach out and I will connect you with an immigration attorney, cross-border CPA, and lender specialized in your home country.
Key Takeaways
- Foreign buyers purchased $4.4 billion of South Florida residential real estate in 2025, up from $3.1 billion in 2024, across 5,300 properties and from 55 countries, per the MIAMI Association of Realtors.
- Nationally the market contracted: foreign buyers bought $45.3 billion of US existing homes from April 2025 to March 2026, down about 19 percent, on 67,100 properties, the second-lowest count since 2009, per the NAR 2026 International Transactions report. Florida stayed the top destination state.
- 51 percent of South Florida international buyers paid cash in 2025 (MIAMI Realtors); the national foreign-buyer figure for April 2025 to March 2026 is 48 percent.
- You apply for an ITIN on IRS Form W-7. Do not plan around a processing time you read in an article: check the IRS page, and note the one documented fast path, 10 days when the W-7 is filed with Form 8288-B.
- Plan the exit at purchase. FIRPTA withholds 15 percent of the amount realized, not of your gain, with withholding eliminated at $300,000 or less and reduced between $300,000 and $1 million where the buyer takes the property as a residence (IRS).
- US estate tax is the exposure buyers underestimate: the $60,000 Form 706-NA filing threshold for nonresidents is not indexed for inflation, and graduated rates above it reach 40 percent (IRS).
- Rental income is taxed at a flat 30 percent of gross with no deductions unless you make the Internal Revenue Code section 871(d) election to be taxed on a net basis.
- Florida’s foreign-principal property law restricts people domiciled in seven listed countries who are not US citizens or lawful permanent residents, not everyone holding those passports, and its personal-use exception is a 2-acre test with no price cap (Chapter 692, Florida Statutes).
Quick Facts: Foreign Buyers in Miami
| Foreign purchases, South Florida (2025) | $4.4 billion, from $3.1 billion in 2024 |
| South Florida foreign buyers, source countries (2025) | 55 |
| South Florida international buyers paying all cash (2025) | 51% |
| US foreign-buyer volume, April 2025 to March 2026 | $45.3 billion, down about 19% |
| US foreign-buyer median price, April 2025 to March 2026 | $465,000 |
| FIRPTA withholding at resale | 15% of the amount realized |
| FIRPTA exemption / reduction thresholds (buyer as residence) | $300,000 or less exempt; $300,000 to $1 million reduced |
| IRS turnaround on a Form 8288-B withholding certificate | Normally 90 days |
| Form 706-NA filing threshold (nonresident, not a US citizen) | $60,000, not indexed for inflation; graduated rates to 40% |
| Nonresident rental income, no 871(d) election | Flat 30% of gross, no deductions |
| Florida LLC: required formation fees / annual report | $125 / $138.75 |
Frequently Asked Questions
Do I need to be a US resident to buy Miami real estate?
No. Foreign nationals can freely purchase Miami real estate. You need an ITIN and a US bank account to close, but neither requires US residency.
What is the US estate tax exposure on Miami property owned by a foreigner?
The Form 706-NA filing threshold for a nonresident who is not a US citizen is $60,000 of US-situated assets, and the IRS states that this threshold is not indexed for inflation. Above it, graduated estate tax rates apply and reach a top rate of 40 percent. An estate or gift tax treaty with your home country can change the result, and the ownership structure you pick at purchase drives your exposure. Confirm your own position with a cross-border CPA and an attorney before you take title.
Can I get a mortgage as a foreign buyer?
Yes, from specialty foreign-national lenders rather than a retail branch. No US credit history is required, and underwriting runs on bank statements, asset statements and home-country income documents. I am not quoting a down payment percentage or a rate here, because these programs are priced file by file and published ranges go stale fast. Get a written term sheet for your own file.
What taxes do I pay annually on my Miami property?
Miami-Dade County property tax, set by the annual millage applied to your assessed value, plus HOA dues. Florida levies no state income tax. If you rent the property out, US federal tax applies to the rental income and you file Form 1040-NR. That rental income is taxed at a flat 30 percent of gross with no deductions allowed, unless you make the Internal Revenue Code section 871(d) election to be taxed on a net basis instead.
Can I Airbnb my Miami condo as a foreign owner?
Only if the building's declaration permits short-term rentals, and many Miami buildings do not. Miami-Dade County requires anyone renting accommodations for six months or less to register for a Tourist Tax Account and remit the county's Convention and Tourist Development taxes, and you report the rental income on Form 1040-NR. The mechanics are the same as they are for US residents.
What happens to my Miami property if I die?
That depends on the ownership structure and your estate plan. Personal ownership of US-situated property puts the estate over the $60,000 Form 706-NA filing threshold in almost every Miami case, with graduated rates above it reaching 40 percent. Entity structuring and treaty positioning can change the outcome, but they have to be in place before closing rather than after. This is attorney and CPA work, not agent work.
Are there countries whose citizens cannot buy property in Miami?
It is narrower than it is usually reported. Part III of Chapter 692 of the Florida Statutes restricts foreign principals, which for an individual means someone domiciled in a foreign country of concern who is not a US citizen or lawful permanent resident. The listed countries are China, Russia, Iran, North Korea, Cuba, the Venezuelan regime of Nicolas Maduro, and Syria. A foreign principal may not buy agricultural land, or real property on or within 10 miles of a military installation or a listed critical infrastructure facility, and the China provision reaches any Florida real property. There is a personal-use exception for one residential property of up to 2 acres, more than 5 miles from any military installation, bought in the name of a holder of a non-tourist US visa. The statute sets no price cap. Buyers from other countries face no purchase restrictions under this law.
What is FIRPTA and how does it affect foreign sellers in Miami?
FIRPTA makes the buyer withhold 15 percent of the amount realized when a foreign person sells US real estate, so the base is the sale proceeds rather than your gain. It is a withholding, not a final tax: you file a US return and recover anything withheld above the tax you actually owe. Withholding is eliminated where the amount realized is $300,000 or less and reduced between $300,000 and $1 million, in both cases only where the buyer is acquiring the property as a residence. Where 15 percent would exceed your real tax, you can apply on Form 8288-B for a withholding certificate, and the IRS normally acts within 90 days.
Do I need to be in Miami to close on a property?
No. Most foreign-buyer closings happen remotely. You can sign the contract by electronic signature and sign closing documents by power of attorney granted to a US attorney or title company, so you never have to travel. In my experience cash closings run about 30 to 45 days.
Frequently Asked Questions
Related guides: Miami luxury condo market mid-2026 | Fisher Island luxury condos guide | LLC structuring for foreign buyers | DSCR loans for foreign buyers | FIRPTA withholding guide
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