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Guide for international buyers

Buying a home in Florida as a foreign national: the complete guide for international buyers

Buying a home in Florida as a foreign national: visas, SB 264, ITIN, FIRPTA, LLCs, taxes and closing from abroad. A plain-language guide built on official sources.

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.

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:

What it means for you:

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:

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?

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.

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

Every year

Renting the property out: taxes for non-residents

Federal (IRS)

Local (short-term rentals)

The step-by-step process from abroad

Standard Florida market practice; your agent coordinates the details with the title company.

  1. Define goal and budget and decide with your CPA/attorney whether to buy individually or through an entity.
  2. Prepare funds: originating account, source-of-funds documentation and, if financing, a pre-qualification.
  3. Search and showings: in person or by video; we send tours and comparables by WhatsApp or email.
  4. Offer and FR/Bar contract with an escrow deposit and inspection periods.
  5. Inspection, appraisal (if financing) and title review with a title company or closing attorney.
  6. 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).
  7. Wire transfer: send only to instructions confirmed by phone on a call you initiate; wire fraud through spoofed emails is real.
  8. 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

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

Buying from abroad?

Andy B. Cooper, licensed Florida broker, guides you in English or Spanish from search to closing and connects you with attorneys, CPAs and lenders who work with international buyers.

Talk to Andy