Selling Your House While Living Abroad (2024)

FAQs

Can I sell my house while I am overseas? ›

Yes. You can sell your US home while living in another country. However, selling your home while overseas can present some unique challenges—and complications for your expat tax return.

To both buy and sell property in the U.S. as a Resident Alien, you'll follow the same process and tax laws as U.S. citizens. You'll have to pay capital gains tax to the U.S. government, and probably similar taxes to your own home government as well.

Generally speaking, you are able to continue to own the real estate the same way as if you are still living in the US full-time. The real estate title records your legal ownership of the property, and you continue to pay off a mortgage if you have one.

Selling your property

In short: selling is the best option if you no longer have ties with your current country. The first advantage of selling is that you immediately get a large sum of money. This money can be used to finance your move abroad and new plans there.

When you sell property or real estate in the U.S. you need to report it and you may end up owing a capital gains tax. The same is true if sell real estate overseas, and we don't recommend trying to avoid a capital gains tax on foreign property.

Reporting the Sale of a Foreign Home

The U.S. taxes you on any income you earn, whether it's earned in the U.S. or another country. So if you owned a home or property in another country, and then sold that home for a profit, you'll need to report the sale just as you would if it were located in the U.S.

Special Rules for When Foreigners Sell US Property

Under the Foreign Investment Real Property Tax Act (FIRPTA), when a US non-resident sells real property, 10% of the gross sale price will be withheld for the IRS automatically.

To ensure that the buyer does not withhold funds, the foreign seller should file a 1031 Declaration Notice. With advance planning, you can receive permission from the IRS to prevent FIRPTA withholding on your sale. Once you have received an ITIN or EIN, then you can apply.

Yes, you must report foreign properties on your U.S. tax return just like you would report any owned U.S. property. To do that, you first need to know what type of ownership you have because it affects what tax forms you must file.

No Longer Can One Lose U.S. Citizenship By Living in Another Country. At this time, no penalties exist if a naturalized U.S. citizen simply goes to live in another country. This is a distinct benefit of U.S. citizenship, since green card holders can have their status taken away for "abandoning" their U.S. residence.

How many years can a U.S. citizen live abroad? ›

A naturalized citizen can live for as long as they wish in another country, with almost no risk to their U.S. citizenship status.

Absences of more than 365 consecutive days

You must apply for a re-entry permit (Form I-131) before you leave the United States, or your permanent residence status will be considered abandoned. A re-entry permit enables you to be abroad for up to two years. Apply for a re-entry permit.

Just over 4% of expats returned home after a year.

Selling your home might be the better option if you need the money to pay for your next home, have no interest in being a landlord or stand to make a large profit. Renting it out might be a better choice if your move is temporary, you want the rental income or you expect home values to go up in your area.

In general, US capital gains are not taxable to nonresident aliens. Rather, capital gains are considered sourced at the location of the Taxpayer. This general rule does not apply to individually owned US real estate by a foreigner, non-resident alien. Individually owned real estate is taxed on the sale as capital gain.

How do I avoid the capital gains tax on real estate? If you have owned and occupied your property for at least 2 of the last 5 years, you can avoid paying capital gains taxes on the first $250,000 for single-filers and $500,000 for married people filing jointly.

Living Off Capital Gains with No Taxation

Especially when the taxpayer resides in a foreign country with a lower cost of living and has amassed a significant amount of non-recognized gains – this is one strategy some taxpayers may qualify to use to pay zero income tax.

NRIs are allowed to repatriate or bring their sale proceeds of property sold in India to the US. However, the limit to the amount brought from India is $1 million per calendar year, including all other capital account transactions.

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.

Do I have to pay capital gains tax in two countries? ›

you may also owe Foreign capital gain taxes to the country in which the overseas property lies, but you may be able to avoid paying capital gains taxes to both countries by claiming the foreign tax credit, which is a dollar-for-dollar credit on taxes paid to one of the countries.

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.

A flat tax of 30 percent is imposed on U.S. source capital gains in the hands of nonresident alien individuals physically present in the United States for 183 days or more during the taxable year.

An individual is non-resident for capital gains tax if he or she is neither resident nor ordinary resident in the tax year in which the transaction occurs.

50% Rule: Simplistically, if the buyer, at the time of sale, has plans to reside at the property, more than it will be rented out, over each of the following two 12-month periods, the sale is potentially eligible for the exemption.

If the Sales Price is under $300,000 – no withholding is required when a Buyer signs his Declaration (see #6a) If the Sales Price is between $300,001 and $1,000,000 – the withholding is 10% of the Sales Price. If the Sales Price is $1,000,001 and over – the withholding is 15% of the Sales Price.

A seller may be exempt from FIRPTA if one or more of these circ*mstances apply: The sales price is less than $300,000 and the buyer (or a family member) has definite plans to reside in the home for at least 50% of the first 24 months of ownership.

Through FATCA, the IRS receives account numbers, balances, names, addresses, and identification numbers of account holders. Americans with foreign accounts must also submit Form 8938 to the IRS in addition to the largely redundant FBAR form.

If you don't disclose your offshore accounts, you may be caught through an IRS audit and your foreign accounts may be frozen. The IRS may also impose penalties for failure to comply with offshore account disclosures.

There are two basic types of forfeiture actions that can be initiated by the United States against foreign assets. One would be against assets that are located in a foreign country; the other would be against foreign assets located within this country.

How long can you live outside the US without losing residency? ›

International Travel

U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.

An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for ...

If you leave the U.S., we will stop your benefits the month after the sixth calendar month in a row that you are outside the country. You can make visits to the United States for specific periods of time, depending on how long you've been outside, to continue receiving your benefits.

Yes. The United States is one of only a few countries that taxes its citizens no matter where they live in the world. If you are an American living abroad, you must file a US federal tax return and pay US taxes on your worldwide income no matter where you live at that time.

When you enter the U.S., a customs officer will give you authorization to stay in the the country for up to six months. If you'd like to stay for longer, you may be able to apply to extend this for up to one year.

Do I still need to file a U.S. tax return? Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits.

It is quite common for expats to face health issues because of the hectic and stressful lives they lead. Those who are alone or need extra may care choose to come back so that their loved ones can look after them. Moreover, most of them are likely to get cheaper healthcare if they undergo treatment at home.

You Can Reduce or Eliminate US Taxes for Expats with the Foreign Earned Income Exclusion. For the 2022 tax year, you may be able to exclude up to $112,000 of foreign-earned income from US taxation with the Foreign Earned Income Exclusion! This is the most common way expats reduce or eliminate their US tax liability.

What kinds of problems do expatriates face when returning home? ›

A guideline commonly cited by real estate experts is to stay at your house for at least five years. On average, this is how long it takes a homeowner to make up for mortgage interest and closing costs.

If you have your financial house in order, especially as interest rates climb, rental properties can be a good long-term investment, Meyer says. A rental property should generate income monthly, even if it's just a few dollars at first.

Home values tend to rise over time, but recessions and other disasters can lead to lower prices. Following slumps, home values can increase in some areas of the country because of strong demand and low supply, while other areas struggle to rebound.

Technically, yes. Expats are subject to the same inheritance taxes as Americans living in the US. However, as mentioned above, the IRS only taxes inheritances that exceed the exemption threshold. As a result, most expats will not end up owing any federal taxes on an inheritance.

If you plan to purchase property from a foreign person or corporation and want to avoid FIRPTA withholding taxes, you can apply for a withholding certificate from the IRS. The IRS only grants withholding certificates in certain situations, and applying for a certificate does not guarantee you will be granted one.

Yes, you must report foreign properties on your U.S. tax return just like you would report any owned U.S. property. To do that, you first need to know what type of ownership you have because it affects what tax forms you must file.

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.

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.

Yes, eventually the IRS will find your foreign bank account. When they do, hopefully your foreign bank accounts with balances over $10,000 have been reported annually to the IRS on a FBAR “foreign bank account report” (Form 114).

How long can you stay in the US if you own a house? ›

Owning property in the US does not grant any right of residency. If you get a US B1/B2 visa in your passport, whatever your nationality, CBP will ordinarily allow a maximum stay of six months, and no working or studying.

While foreigners can buy property in the US, the easiest way to purchase your home if you are a foreigner is to pay the full price in cash. If you need financing (a mortgage), you will have to meet certain financing requirements.

Sales of a Principle Foreign Residence

When you sell your principal residence, you are eligible for a gain exclusion of $250,000 USD, or $500,000 USD for married principal owners. If you don't qualify for the gain exclusion, any gain will be considered foreign income and thus eligible for the Foreign Tax Credit.

Built in 1782, the nine-bedroom, three-bathroom historic building known as the “Old Stone House” rests on the US and Canadian border. The south side faces Canusa Street in Vermont, a name referencing the two countries where the building stands.

There are no restrictions for foreigners who want to buy properties in Italy. However, the Italian authorities have the power of making some verifications of criminal records and other aspects.

Foreign Tax Credit

Well, if you qualify for the Foreign Tax Credit, the IRS will give you a tax credit equal to at least part of the taxes you paid to a foreign government. In many cases, they will credit you the entire amount you paid in foreign income taxes, removing any possibility of US double taxation.

Not all countries impose a capital gains tax and most have different rates of taxation for individuals compared to corporations. Countries that do not impose a capital gains tax include Bahrain, Barbados, Belize, the Cayman Islands, the Isle of Man, Jamaica, New Zealand, Sri Lanka, Singapore, and others.