Can a Non-US Citizen Buy Property in the USA? Get Facts on Taxes First (2024)

June 16, 2022

Wondering if a non-US citizen can buy property in the USA? Good news! Anyone can buy property in the US, regardless of their citizenship. However, you’ll need to be aware of your US tax obligations.

Here’s what you need to know.

Can a Non-US Citizen Buy Property in the USA?

Yes. Because the US has no citizenship requirement for real estate sales, non-US citizens can buy property in the US. In fact, foreigners can even qualify for a mortgage if they meet certain requirements. However, foreign property owners do face a more challenging tax situation than US citizens.

Understanding tax rules before you buy property in America will help you make the most of your investment. Below is a breakdown of exactly whatforeign property ownersneed to file in the US and what taxes they can expect to pay when renting out or selling a property in the US.

For instance, you’ll want to know:

  • Whether income generated by your property is taxable
  • If you must withhold 30% of property income for taxes
  • How capital gains from the sale of a property are taxed
  • How you can reduce taxes on your US property

Read on for our 10 quick facts on buying property as a non-US citizen.

The IRS tax code is 7,000 pages. Want the cliff notes version for expats? Let us help.

Can a Non-US Citizen Buy Property in the USA? Get Facts on Taxes First (1)

10 Tax Facts about Buying Property as a Non-US Citizen

1. IRS Publication 515

The first thing you need to know about buying property as a non-US citizen is thatIRS Publication 515summarizes the rules for non-resident aliens. The Foreign Investment in Real Property Tax Act (FIRPTA) of 1980 was enacted by Congress to impose a tax on foreign persons when they sell or receive income from a US real property interest. IRS Publication 515 will help you understand how this law applies to you.

2. Tax Rates

In general, income from real property located in the US that is owned by a non-resident alien is taxed at a 30% rate if it is not effectively connected with a US trade or business. (This rate may be lower if your resident country has a tax treaty with the US.)

3. You Can Choose How Your Property Income Is Treated

If anon-resident alienowns or holds interest in property used to generate income in the US, then they can treat all income from that property as effectively connected with a US trade or business. This is known as a Section 871(d) election.

If you opt for this election, you can claim your deductions attributable to the real property income, so the net income will be taxable. This will apply to all income from real estate located in the US.

4. How to Make This Election

To elect to have your income treated as effectively connected with a US trade or business, simply attach a statement to your annual tax return. Your statement will need to include some basic pieces of information, such as:

  • The fact that you are making the election
  • A list of all properties you own or have an interest in located in the US
  • The dates of ownership for these properties
  • Any income you have generated from US property

Once you have made this election, it will remain in effect for all future years until you revoke it by filing IRS Form 1040-X.

To learn more, review the IRS instructions.

5. Why This Election Matters

Making a Section 871(d) election could have a major impact on your taxes. You should always consider the implications before buying property as a non-US citizen.

For example, if rental property gross income is $30,000, without a Section 871(d) election, the income tax would be $10,000 (30% of $30,000). After making the election, deductions such as mortgage interest, property tax, etc., would reduce the taxable income, and the tax payable would be 30% of the net amount.

6. Tax Treaties

The US has entered into tax treaties with many foreign countries. These treaties are designed to reduce the risk of double taxation. If you are a resident of a country with a US tax treaty, the treaty may reduce the taxes you would typically owe on income from a US property.

7. Gains Impact the Taxation

When a non-resident sells a property in the US, any capital gain is taxed as if the property had been sold by a US citizen or resident. This means the gain may qualify for lower long-term capital gains treatment, provided the property has been held for more than 12 months.

8. Withholding Tax

Non-residents will be subject to a 15% non-resident withholding tax on the gross sales proceeds of the transaction—unless the non-resident has a specific exemption from the withholding. A petition for exemption would need to be filed with the IRS in advance of the sale date to get a certificate of exemption. This is done using IRS Form 8288-B.

A lower rate of 10% applies to dispositions under $1 million for US property that was acquired as personal property.

9. State Tax

Depending on which US state the property is located in, you may also have to withhold or pay state taxes. Consult a qualified tax professional to learn more.

10. IRS Form 1040-NR

If you are required to report income from real estate or any associated withholding, you must do so using IRS Form 1040-NR. As a foreign person, you will also need to obtain an Individual Taxpayer Identification Number (ITIN) if you don’t already have one.

To apply for an ITIN, complete IRS Form W-7. You will have to provide documentation proving your identity and verifying your status as a non-resident alien of the US. You can file your application by any of these methods:

  • Mailing it to the IRS
  • Presenting it at an IRS walk-in office
  • Processing it through an Acceptance Agent authorized by the IRS (this includes certain financial institutions and accounting firms)

Need More Info on Buying Property as a Non-US Citizen?

We hope this guide has helped you understand the tax implications of buying US property as a non-US citizen. If you still have questions, we have answers. In fact, we can even manage your US tax obligations on your behalf.

At Greenback Expat Tax Services, we help Americans living abroad file their US taxes accurately and on time. Just contact us, and we’ll be happy to help you in any way we can.

Schedule your consultation with a tax expert today!

Can a Non-US Citizen Buy Property in the USA? Get Facts on Taxes First (2024)

FAQs

Can a Non-US Citizen Buy Property in the USA? Get Facts on Taxes First? ›

Get Facts on Taxes First. Wondering if a non-US citizen can buy property in the USA? Good news! Anyone can buy property in the US, regardless of their citizenship.

Can you buy property in US as a non citizen? ›

It is entirely possible to purchase a home as a non-U.S. citizen — whether you're a foreign national or a permanent or a temporary resident. There are no limitations on the type of property that can be purchased or how the property is used.

Do foreigners pay property taxes in USA? ›

Do foreigners pay property taxes in the USA? Yes, foreigners need to pay property taxes. It's the same procedure even for a foreign national.

Do non residents pay capital gains tax on US property? ›

If you are a nonresident alien, generally you will not have to pay U.S. capital gains tax on your investment earnings. If you are a resident alien, generally, you will be subject to the same capital gains tax as U.S. citizens. Consult with a tax advisor for any assistance you may need. Internal Revenue Service.

Can I get residency if I buy property in USA? ›

Essentially, investing in a business or buying a property in the U.S. could give you permanent residency. Of course, you have to fulfill the EB-5 program requirements first, like investing at least $800,000 or $1,050,000, depending on the location. As well as create at least 10 full-time jobs.

How can I buy a house without being a citizen? ›

You do not need to be a U.S. citizen to buy a home in the States. If you're a permanent resident, temporary resident, refugee, asylee, or DACA recipient, you can apply for a mortgage to finance your own home.

Can I buy a house with B1 B2 visa? ›

Yes, it is possible to buy a house in the United States while on a nonimmigrant visa, such as a B1/B2 (visitor), TN Visa (USMCA), L1 Visa, F1 (student), H1B (temporary worker), or other types of visa. There are no specific restrictions on property ownership for nonimmigrant visa holders or foreign nationals.

What is the US estate tax for non-US persons? ›

Non-US persons are subject to US estate tax on the value of their tangible and intangible assets located in the United States. In this context, tangible assets refer to real estate located in the United States. Intangible assets in this context most often refer to stocks in a United States corporation.

Why does the US allow foreigners to buy property? ›

Because the US has no citizenship requirement for real estate sales, non-US citizens can buy property in the US. In fact, foreigners can even qualify for a mortgage if they meet certain requirements. However, foreign property owners do face a more challenging tax situation than US citizens.

How much tax do foreigners pay in USA? ›

Federal Withholding Tax On Tax Treaties

A foreign national is generally subject to federal withholding tax on the U.S. source income in most cases at a standard flat rate of 30%.

How do I avoid capital gains tax in USA? ›

9 Ways to Avoid Capital Gains Taxes on Stocks
  1. Invest for the Long Term. ...
  2. Contribute to Your Retirement Accounts. ...
  3. Pick Your Cost Basis. ...
  4. Lower Your Tax Bracket. ...
  5. Harvest Losses to Offset Gains. ...
  6. Move to a Tax-Friendly State. ...
  7. Donate Stock to Charity. ...
  8. Invest in an Opportunity Zone.
Apr 20, 2023

Which US territory has no capital gains tax? ›

Those include Alaska, Florida, New Hampshire, Nevada, South Dakota, Tennessee, Texas, and Wyoming. It's no coincidence that these eight are also no personal income tax states. (Although, Tennesee has a limited tax on certain dividends and capital gains, and New Hampshire taxes interest and dividends income.)

How long do you have to live in a house to avoid capital gains USA? ›

Live in the house for at least two years

The two years don't need to be consecutive, but house-flippers should beware. If you sell a house that you didn't live in for at least two years, the gains can be taxable.

Can I get green card if I buy property in USA? ›

Yes, you can obtain a green card through real estate investment in the United States. Although buying a real estate property will not directly help get a green card in the U.S., there are some ways to get a green card by investing in real estate. One of the preferable ways is through the EB-5 Investor Program.

How much money do you need to invest in the US to get a green card? ›

Invest $ 1,050,000 To Get An EB-5 U.S. Green Card

Most Direct EB-5 investments are in franchises, hotels, restaurants, IT companies, retail chain stores, etc.

How much US real estate is owned by foreigners? ›

Highlights: Foreign Investment US Real Estate Statistics

From April 2020 to March 2021, investors from outside the United States bought 107,000 properties worth $54.4 billion in the United States. Foreign-born individuals make up 14.25 percent of the population in the country's 50 largest metros, on average.

Can an Indian buy property in USA? ›

Can an Indian citizen buy a property in the USA? Yes, anyone can purchase and own property in the United States, regardless of their citizenship.

Can an illegal immigrant get a FHA loan? ›

Eligible immigration statuses: U.S. citizenship is not required to obtain an FHA loan, but an immigrant must have lawful permanent residence status, have nonpermanent residency status or be a DACA recipient.

Can you own a house in a country you don t have citizenship in? ›

Individual countries have the right to place restrictions on non-citizens who want to own properties. Even if the country you're interested in allows foreigners to buy homes, you may be required to obtain special residence permits or register with a government agency before you can complete a home purchase.

How much money do you need to show for B1 B2 visa? ›

There is no minimum balance requirement for your bank account, however, based on the experience of others we recommend anywhere between $5,000 to $10,000 will be sufficient.

How long can someone stay in the US with a B1 B2 visa? ›

While B-1 or B-2 visas may be valid up to 10 years, visitors on B-1 or B-2 will only be permitted to stay in the United States for a short duration (maximum 6 months), as granted by US Customs and Border Protection upon arrival.

Can I apply for green card while on B1 B2 visa? ›

As a B-1/B-2 visitor, you could potentially apply for a green card from within the United States, a process known as “adjustment of status” (AOS). You can also apply from your home country using consular processing.

Can a foreigner inherit US property? ›

Can Noncitizens Inherit Property? One threshold question you may have is simply whether you can leave property to someone who isn't a U.S. citizen. The answer is yes; noncitizens can inherit property just as citizens can.

Are non US residents exempt from US taxation? ›

Unlike resident aliens, nonresident aliens are required to pay income tax only on income that is earned in the U.S. or earned from a U.S. source. 6 They do not have to pay any taxes on foreign-earned income.

Do non US residents have to pay taxes? ›

Nonresident aliens are generally subject to U.S. income tax only on their U.S. source income. They are subject to two different tax rates, one for effectively connected income, and one for fixed or determinable, annual, or periodic (FDAP) income.

What are the rules for foreigners buying land in USA? ›

There are no citizenship requirement for real estate sales in the USA, any non-US citizens can buy any property. Anyone may purchase and own property in the United States, regardless of citizenship. There are no laws restricting a person from buying a property in the USA.

What are the benefits of buying a house in USA? ›

7 Reasons to Own A Home
  • Tax benefits. The U.S. Tax Code lets you deduct the interest you pay on your mortgage, your property taxes, and some of the costs involved in buying a home.
  • Appreciation. Historically, real estate has had a long-term, stable growth in value. ...
  • Equity. ...
  • Savings. ...
  • Predictability. ...
  • Freedom. ...
  • Stability.

Where is the best place to buy a house in the US for Indians? ›

Per NAR, California is the most preferred destination for Indian buyers, with 40% of the buyers in California. This is primarily because most Indian working professionals work and live in the Silicon Valley area.

Can foreigners claim tax back in USA? ›

Refund Locations: Both US Citizens and non-US citizens can claim tax refunds at all major international airport terminals, they would have a Tax refund desk. Check the airport for the details on the terminal. Also, if you are a non-US citizen, then you can even claim tax refunds at certain mall locations in the state.

How do taxes work for foreigners? ›

In general, yes — Americans must pay U.S. taxes on foreign income. The U.S. is one of only two countries in the world where taxes are based on citizenship, not place of residency. If you're considered a U.S. citizen or U.S. permanent resident, you pay income tax regardless where the income was earned.

Do dual citizens pay taxes in both countries? ›

Being a dual citizen means that a person is considered a citizen/national of two countries at the same time, and is subject to both country's tax laws. Something to remember is that each country has its own laws dictating who qualifies as a citizen.

What is the loophole for capital gains? ›

Stepped-up basis is a tax provision that allows heirs to reduce their capital gains taxes. When someone inherits property and investments, the IRS resets the market value of these assets to their value on the date of the original owner's death.

How can seniors avoid capital gains? ›

The IRS allows no specific tax exemptions for senior citizens, either when it comes to income or capital gains. The closest you can come is a back-end tax-advantaged retirement account like a Roth IRA which allows you to withdraw money without paying taxes.

How much capital gains tax will I pay on $500 000? ›

Capital gains tax rate – 2022 thresholds
RateSingleMarried Filing Jointly
0%Up to $41,675Up to $83,350
15%$41,675 to $459,750$83,350 to $517,200
20%Over $459,750Over $517,200

Which city in USA has no sales tax? ›

Portland, Oregon, and Anchorage, Alaska, have no state or local sales taxes. Richmond, Virginia has 5.3 percent state sales tax. Honolulu, Hawaii, has a low sales tax rate of 4.5 percent, but the tax applies broadly to goods and services when compared with sales tax from other locations.

What state has the best capital gains tax? ›

Many states like Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, and Wyoming do not have taxes on capital gains.

What is capital gains tax on 200000? ›

= $
Single TaxpayerMarried Filing JointlyCapital Gain Tax Rate
$0 – $44,625$0 – $89,2500%
$44,626 – $200,000$89,251 – $250,00015%
$200,001 – $492,300$250,001 – $553,85015%
$492,301+$553,851+20%
Jan 11, 2023

How much do you pay the IRS when you sell a house? ›

If you owned and lived in the home for a total of two of the five years before the sale, then up to $250,000 of profit is tax-free (or up to $500,000 if you are married and file a joint return). If your profit exceeds the $250,000 or $500,000 limit, the excess is typically reported as a capital gain on Schedule D.

Do I pay taxes to the IRS when I sell my house? ›

The Capital Gains Tax in California

The amount you earned between the time you bought the property and the time you sold it is your capital gain. The IRS charges you a tax on your capital gains, as does the state of California through the Franchise Tax Board, also known as the FTB.

What is the fastest way to get a US green card? ›

If you want to become a permanent resident of the United States, here are a few of the quickest routes.
  1. The Green Card Lottery (Diversity Lottery) ...
  2. Family-Based Green Cards. ...
  3. Employment-Based Green Cards. ...
  4. Corporate-Based Green Cards.
Nov 11, 2022

Can I live in the US if I buy property? ›

Buying a property in the US does not give you residency. To live in the US you'll need an appropriate visa or residence status which must be applied for separately to the house purchase process.

Can I buy property in USA as a non resident? ›

Yes, it is possible for a non-permanent resident to buy a house in the United States. Mortgage approval odds generally depend on the lender, type of mortgage, income status and whether the non-permanent resident can prove their intent for long-term residency.

What is the fastest way to become a US citizen? ›

Military and marriage-related naturalization are usually the fastest, but even a typical green card route may take as little as five years.

What are the 5 requirements to become a US citizen? ›

How to become a U.S. citizen
  • 1) Lawful permanent resident of the U.S. ...
  • 2) You must be 18 years old. ...
  • 3) You must have resided for three months in the state where you will apply for U.S. citizenship.
  • 4) Continuous residency and physical presence in the U.S. ...
  • 5) You must be a person of good moral character.
May 11, 2023

How much does it cost for a company to sponsor you for a green card? ›

Cost of an Employment Based Green Card

There is generally no filing fee involved with filing most of the paperwork required for a Green Card application. But your situation may be different. For instance, PERM (Permanent Labor Certifications) processes may cost between $4,000 to $7,000.

What country owns the most United States property? ›

In a study of USDA reports, Pew found the foreign country that owns the most U.S. land is not China or Russia, but rather, our neighbors north: Canada. Investors from the Great White North, according to the USDA, own about 12.8 million acres of U.S. land, most of it forest land.

Why do foreigners buy US real estate? ›

The rights to purchase and own property in the United States is the same for a foreign investor as they are for a United States citizen. These tax benefits are the major factor luring more and more investments by foreign investors in the US real estate market.

Who owns the most US property? ›

The 2022 Land Report 100, compiled each year by The Land Report magazine, released its annual list of landowners who own the most acres in the United States. The nation's largest private landowners are the Emmerson family in California who own over 2.4 million acres.

Can you buy a green card legally? ›

Investors can get green cards if they put enough money into U.S. businesses. Foreign nationals who invest at least $1,000,000 into a new business or $500,000 into a business in one of the targeted employment areas can then apply for their green card.

Can foreigners buy property in Florida? ›

Can I purchase a property in the United States? Yes, foreign nationals are able to purchase property in the State of Florida, the same way U.S. citizens are able to. There are no special Visa requirements needed to purchase a new home in Florida.

How much US property are owned by non US citizens? ›

Highlights: Foreign Investment US Real Estate Statistics

From April 2020 to March 2021, investors from outside the United States bought 107,000 properties worth $54.4 billion in the United States. Foreign-born individuals make up 14.25 percent of the population in the country's 50 largest metros, on average.

Can a foreigner own a business in the US? ›

Can I own or participate in a US business if I am not a US citizen? Generally, there are no restrictions on foreign ownership of a company formed in the United States. The procedure for a foreign citizen to form a company in the US is the same as for a US resident.

How much does it cost to buy a US green card? ›

Green Card Costs

The government filing fee for a family-based green card is $1760 for an applicant applying from within the United States, and $1200 for an applicant living outside the United States.

How much does it cost to become a U.S. citizen with a green card? ›

$640. (Add the $85 biometric fee for a total of $725, where applicable. See exceptions below.) If you file your Form N-400 online, you may pay your fee online.

Does buying property get you a green card? ›

Foreign nationals are free to purchase real property in the country, as neither US citizenship nor permanent residence is not a legal requirement for real estate ownership. However, buying a house in the United States does not automatically grant you eligibility for lawful permanent residence (green card).

Why Florida houses are so cheap? ›

Florida houses also tend to be smaller in size than other homes in different states. As these properties are smaller, median property prices will be lower as well. Additionally, houses for sale in Florida tend to be older homes. This factor contributes to the lower property prices as well.

Are property taxes in Florida higher for non residents? ›

Both Florida residents and non-residents alike pay the same property tax rate. However, as a benefit of residency, the State of Florida allows residents to claim a Homestead Exemption on their primary home of residence or that of their dependents.

What is the cheapest place to live in Florida? ›

Check out these five most affordable places to live in Florida!
  • Cape Coral.
  • Dunedin.
  • Fort Walton Beach.
  • Lakeland.
  • Vero Beach.
May 19, 2023

What country owns the most US property? ›

In a study of USDA reports, Pew found the foreign country that owns the most U.S. land is not China or Russia, but rather, our neighbors north: Canada. Investors from the Great White North, according to the USDA, own about 12.8 million acres of U.S. land, most of it forest land.

Who is the largest foreign owner of US real estate? ›

Despite what you may have heard about China's specific influence in purchasing property and agricultural land in the U.S., Canada is still the largest investor, accounting for 8% of foreign investments in U.S. real estate, according to the National Association of Realtors.

Why are foreigners allowed to buy property in USA? ›

Because the US has no citizenship requirement for real estate sales, non-US citizens can buy property in the US. In fact, foreigners can even qualify for a mortgage if they meet certain requirements. However, foreign property owners do face a more challenging tax situation than US citizens.

Can I get a green card if I start a business? ›

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they: Make the necessary investment in a commercial enterprise in the United States; and.

Which state is best for LLC for non resident? ›

Which state is best for non-resident LLCs? Wyoming, New Mexico, and Delaware are the best states for non-citizens to register LLCs in the US in terms of popularity. The factors driving their popularity with foreign founders are privacy, low costs, and funding-friendly local regulations.

Can a foreigner open a restaurant in USA? ›

Can a Foreigner Open a Restaurant in the US? The short answer to this burning question is, yes. A foreigner can open a restaurant in the USA. However, before doing so, there are various requirements that foreigners need to fulfill to stay in compliance with US laws and sustain their businesses.

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