Yes, you can buy a home in Florida without being a U.S. citizen, without a green card and without living in the United States. What changes for a foreign buyer is not the right to buy, but how you pay, whose name goes on title, which taxes apply and what happens the day you sell. This guide walks through those points citing the statutes and the official pages of the IRS, the Florida Legislature and FinCEN; where only market custom exists, we say so.
Cabana West Real Estate is a boutique brokerage licensed throughout Florida, based in Wellington (Palm Beach County), with fully bilingual service. We are not attorneys, accountants or lenders: we guide the purchase and connect you with the right professionals. If you want the general picture first, start with how to buy a home in Florida.
Can a foreign national buy a home in Florida?
Yes. Neither Florida nor federal law requires citizenship or residency to own a home. The only nationality-based restriction is Chapter 692, Part III (the 2023 law SB 264), which targets a specific group of countries and is explained below.
- You do not need a resident visa. You can buy on a B-1/B-2 visitor visa, on another temporary visa, or without ever having entered the country, signing from abroad.
- Buying does not give you immigration status. The State Department defines visitor visas as nonimmigrant visas "for persons who want to enter the United States temporarily" and lists "permanent residence in the United States" among the activities not permitted on that visa. Owning property does not change that.
- The contract is the same. Most residential purchases use the standard Florida Realtors/Florida Bar contract ("FR/Bar", inspection version or "AS IS"), which does not distinguish between domestic and foreign buyers.
SB 264 (Chapter 692, Part III): who it actually applies to
Since July 1, 2023, Florida restricts real estate purchases by certain "foreign principals." It raises many questions among international buyers and, most of the time, does not apply to them.
"Foreign countries of concern" (s. 692.201): the People's Republic of China, Russia, Iran, North Korea, Cuba, Venezuela under the Maduro regime and Syria.
"Foreign principal" (s. 692.201): the governments and officials of those countries, their political parties, entities organized or headquartered there, and any natural person domiciled in a listed country who is not a U.S. citizen or lawful permanent resident.
What it prohibits:
- s. 692.203: a foreign principal may not acquire real property on or within 10 miles of a military installation or critical infrastructure facility. Exception: a natural person may buy one residential property of up to 2 acres if it is not on or within 5 miles of a military installation, the buyer holds a current visa that is not limited to tourism (or approved asylum) and buys in their own name.
- s. 692.204: for persons and entities tied to China the prohibition covers all Florida real property, with the same single-residence exception.
- Anyone covered must register with the state ($1,000 per day penalty for late filing). Knowingly selling to a prohibited person is a first-degree misdemeanor.
What it means for you:
- If you are a citizen of Colombia, Mexico, Argentina, Peru, Chile, Ecuador, Brazil, Canada, the UK, or any country not on the list, SB 264 does not apply to you, wherever you live.
- If you are Venezuelan (or Cuban), the key is domicile, not passport. A Venezuelan domiciled in Colombia, Spain or Panama is, in principle, outside the definition; one domiciled in Venezuela is inside it and must look at the single-residence exception and registration. Here you do need a Florida real estate attorney before signing.
- Title companies ask every buyer for an affidavit on this point at closing. It is routine.
How to pay: cash vs. a foreign-national mortgage
Cash. The most common route for international buyers: fewer requirements, faster closing and stronger offers. "Cash" means funds wired to the closing agent's escrow account, with source-of-funds verification.
Foreign-national mortgage. Lenders exist that finance non-residents with no U.S. credit history. Everything below is market practice, not law; confirm it with your lender:
- They require a larger down payment than a resident would pay. The market commonly talks about ranges in the neighborhood of 25%–35%, but no figure is set by law; each lender sets its own.
- They ask for reserves, proof of income from your home country and bank references.
- Rates and costs are usually higher than a conventional loan. We do not publish rates: they change daily.
Use our Florida mortgage calculator to compare scenarios and get a written pre-qualification before making offers.
ITIN: what it is, when you need it and how to apply
The ITIN (Individual Taxpayer Identification Number) is a 9-digit number the IRS issues to people who need a federal taxpayer identification number but do not have and cannot get a Social Security Number. The IRS states that "ITINs are for federal income tax purposes only" and that getting one "does not change your immigration status or your right to work in the United States."
Do you need it to buy? No.
When will you need it?
- If you rent the property and want to be taxed on net income by filing Form 1040-NR (see the rental section).
- When you sell, so the FIRPTA withholding is credited to you. The IRS denies ITIN applications filed before a binding sales contract exists; afterward you can apply under "Exception 4" and, if filed together with Form 8288-B, the IRS processes it in about 10 days.
How? With Form W-7: by mail with original identity documents or copies certified by the issuing agency; through an IRS-authorized Certifying Acceptance Agent (CAA) who verifies your documents so you keep your passport; or by appointment at certain IRS Taxpayer Assistance Centers. An ITIN not used on a return for three consecutive years expires at the end of the third year.
FIRPTA: the 15% withholding when you sell
FIRPTA (Foreign Investment in Real Property Tax Act, 26 U.S.C. §1445) does not affect you when buying, but it does when you sell.
- When a foreign seller transfers U.S. real property, the buyer (or the closing agent) must withhold generally 15% of the amount realized (gross price, not gain) and remit it to the IRS with Forms 8288 and 8288-A.
- Exception: if the buyer will use the property as a residence and the amount realized does not exceed $300,000, there is no withholding; between $300,000 and $1,000,000 with residential use, reduced withholding applies.
- Form 8288-B: seller or buyer can request a withholding certificate to reduce or eliminate the withholding when the actual tax will be lower. The IRS usually acts within about 90 days, so file as soon as the contract is signed.
- The withholding is a prepayment: when you file the 1040-NR for the year of sale, the IRS refunds any excess.
Buying in your own name vs. through an LLC
The answer depends on your country, your family and your goals. This is a general framework, not a recommendation.
In your own name: simpler and cheaper; easier financing; your personal assets are exposed to claims tied to the property; there are U.S. estate-tax and succession issues for non-residents you should review before buying.
Through a Florida LLC (or another structure): separates the property from your personal assets and makes co-ownership easier; carries formation, annual report and accounting costs; the tax treatment of a single-member LLC owned by a foreign national may not be what you expect.
FinCEN reporting (Residential Real Estate Rule): since March 1, 2026, non-financed transfers of residential property to a legal entity or trust are reported to FinCEN through a "Real Estate Report" filed by the closing agent, identifying the beneficial owners (substantial control or 25% or more). Purchases in an individual's name are not reported, nor are transfers financed by a bank with anti-money-laundering obligations. The rule does not prohibit buying through an LLC: it adds a report.
Get a joint opinion from an attorney and a CPA before signing: changing the title holder after closing costs money.
Taxes and costs to budget
At purchase
- Documentary stamp tax on the deed: 70 cents per $100 of price (Miami-Dade has a different rate). On $500,000, that is $3,500. In South Florida the seller customarily pays it, but it is negotiable.
- If there is a mortgage: doc stamps on the note at 35 cents per $100 of the loan, plus intangible tax and lender costs.
- Title insurance, closing fees, inspection, appraisal: vary; request a written estimate.
Every year
- Property tax: billed by the county on assessed value. Ask us for last year's figure on any property.
- Homestead exemption: does NOT apply if you are not a permanent resident. Section 196.031 grants it to a person holding title who "in good faith makes the property his or her permanent residence." A non-resident using the home as a vacation or investment property does not qualify. Budget the full tax.
- Homeowners insurance (wind/hurricane and, depending on zone, flood): one of the highest costs in the state. Get quotes before you offer.
- HOA / condo: dues and possible special assessments.
Renting the property out: taxes for non-residents
Federal (IRS)
- As a general rule, rent a non-resident receives from U.S. real property is "FDAP" income taxed at a flat 30% (or treaty) rate on the gross amount, with no deductions; the property manager or tenant must withhold it.
- The alternative: the IRS lets you elect (section 871(d)) to treat real property income as effectively connected income. You then deduct expenses (interest, property tax, insurance, management, depreciation) and pay graduated rates on net income. You make the election by attaching a statement to Form 1040-NR and giving Form W-8ECI to the manager so the 30% is not withheld. The election stays in effect until revoked and requires filing a 1040-NR every year (with an ITIN).
- How that income is reported in your home country and whether a treaty applies: confirm with your CPA.
Local (short-term rentals)
- In Palm Beach County, rentals of six months or less pay the 6% Tourist Development Tax (TDT) on revenue, in addition to state sales tax. The host must register with the Tax Collector and remit monthly; platforms do not do it for you. Written leases longer than six months are exempt.
- Many cities and condo associations restrict short-term rentals. Verify before buying with that plan.
The step-by-step process from abroad
Standard Florida market practice; your agent coordinates the details with the title company.
- Define goal and budget and decide with your CPA/attorney whether to buy individually or through an entity.
- Prepare funds: originating account, source-of-funds documentation and, if financing, a pre-qualification.
- Search and showings: in person or by video; we send tours and comparables by WhatsApp or email.
- Offer and FR/Bar contract with an escrow deposit and inspection periods.
- Inspection, appraisal (if financing) and title review with a title company or closing attorney.
- Remote signing: electronic documents; the deed and notarized documents before a Florida-authorized remote online notary (RON), at a U.S. consulate, or before a local notary with an apostille. A power of attorney must be approved in advance by the title company (and lender).
- Wire transfer: send only to instructions confirmed by phone on a call you initiate; wire fraud through spoofed emails is real.
- Closing and recording of the deed. You receive insured title and set up insurance, utilities and, if applicable, TDT registration.
More detail in our blog guide for foreign nationals and the Cabana West real estate blog.
Why buy with Cabana West
- Genuinely bilingual: broker Andy B. Cooper works in English and Spanish and explains every document before you sign.
- Licensed statewide, based in Wellington: we know Palm Beach County first-hand and handle purchases in other counties.
- Professional network: real estate attorneys, CPAs with international practice, foreign-national lenders and title companies experienced with remote closings. You choose.
- No empty promises: we will not tell you a purchase gets you a visa or that an LLC makes you invisible to the IRS.
Frequently asked questions
Q: Do I need a visa or green card to buy a home in Florida?
No. No statute requires citizenship or residency. Only the Chapter 692, Part III restrictions apply, and only to persons domiciled in seven specific countries.
Q: Does buying property help me get U.S. residency?
No. The State Department lists "permanent residence" among the activities not permitted on a visitor visa. Immigration paths are evaluated by an immigration attorney.
Q: I am Colombian/Mexican/Argentine. Does SB 264 affect me?
No. The law defines "foreign principal" by reference to seven countries (China, Russia, Iran, North Korea, Cuba, Venezuela under Maduro and Syria). If your country is not listed, it does not apply.
Q: I am Venezuelan. Can I buy?
It depends on domicile. The law covers a person domiciled in Venezuela who is not a U.S. citizen or permanent resident; for that person there is an exception for one residence of up to 2 acres away from military installations, with a non-tourist visa, plus registration. Domiciled elsewhere, you are in principle outside it. Confirm with a Florida attorney.
Q: Do I need an ITIN to buy?
No. You will need it if you rent and want to be taxed on net income (1040-NR) and when you sell, for FIRPTA. The IRS does not issue it "just in case" before a signed sales contract.
Q: How much is withheld when I sell?
Generally 15% of the gross price (FIRPTA), with an exception if the buyer will use it as a residence and the price does not exceed $300,000. With Form 8288-B you can request lower withholding; any excess is refunded when you file.
Q: Can I claim the homestead exemption as a foreign national?
Only if the property is in good faith your permanent residence (s. 196.031). A non-resident using it as a vacation or rental property does not qualify.
Q: Can I close without traveling to the United States?
Yes. It is common to close with a Florida-authorized online notary, with an apostilled signature from your country, or through a power of attorney approved by the title company. Plan it ahead.
This page is informational and is not legal, tax or financial advice. Cabana West Real Estate is not a law firm, accounting firm or lender. The laws and official pages cited may change; check the current version and consult a licensed professional about your situation.
Official sources consulted
- Florida Senate — CS/CS/SB 264 (2023), enrolled text (ss. 692.201–692.205, Fla. Stat.): https://flsenate.gov/Session/Bill/2023/264/BillText/er/HTML
- Florida Statutes — s. 196.031, Exemption of homesteads: https://m.flsenate.gov/Statutes/196.031
- Florida Statutes — Chapter 201 (s. 201.02 doc stamps on deeds; s. 201.08 notes/mortgages): https://flsenate.gov/Laws/Statutes/2025/Chapter201/All
- Florida Department of Revenue — Documentary Stamp Tax (GT-800014): https://floridarevenue.com/forms_library/current/gt800014.pdf
- Florida Department of Revenue — Documentary Stamp Tax: https://floridarevenue.com/taxes/taxesfees/pages/doc_stamp.aspx
- IRS — FIRPTA Withholding (26 U.S.C. §1445; Forms 8288, 8288-A, 8288-B): https://www.irs.gov/individuals/international-taxpayers/firpta-withholding
- IRS — About Form W-7: https://www.irs.gov/forms-pubs/about-form-w-7
- IRS — Additional ITIN Information: https://www.irs.gov/individuals/additional-itin-information
- IRS — ITIN video text script (how to apply, expiration): https://www.irs.gov/node/58876
- IRS — Fixed, Determinable, Annual, Periodical (FDAP) Income: https://www.irs.gov/individuals/international-taxpayers/fixed-determinable-annual-periodical-fdap-income
- IRS — Nonresident Aliens: Real Property Located in the U.S. (871(d) election, W-8ECI, 1040-NR): https://www.irs.gov/individuals/international-taxpayers/nonresident-aliens-real-property-located-in-the-u-s
- FinCEN — Residential Real Estate Rule FAQs (effective March 1, 2026): https://www.fincen.gov/sites/default/files/shared/RREFAQs.pdf
- U.S. Department of State — Visitor Visa (B-1/B-2): https://travel.state.gov/content/visas/en/visit/visitor.html
- Palm Beach County Tax Collector — Tourist Development Tax: https://pbctax.gov/tourist-development-tax/
- Florida Realtors — 5 common questions about FR/BAR contracts (form name): https://www.floridarealtors.org/news-media/news-articles/2024/12/5-common-questions-about-frbar-contracts