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Buying property abroad

Country guide

Buying property in United States as a foreigner

Rules last checked 29 October 2026 · 29 official sources · Education, not financial, tax, legal or immigration advice.

In the United States restrictions on buyers come from state laws, sanctions and federal review of sensitive real estate: Florida, Texas, Arkansas, Louisiana and Oklahoma restrict buyers linked to named countries or foreign governments in defined cases, and North Carolina does so from 1 April 2027. OFAC sanctions block dealing in property of listed persons, and the Committee on Foreign Investment in the United States can review covered real estate.

What are you doing with United States?

Returns after tax, what is withheld, and the way out.

  1. 1

    What buying costs

    In the United States buying taxes are set by the states: Florida charges a documentary stamp tax of 0.70% on deeds, New York charges a 0.4% transfer tax paid by the seller and a 1% buyer tax on residences of USD 1 million or more, and Washington charges a graduated real estate excise tax of 1.1% to 3%. Details

  2. 2

    Rent

    US rental income of a nonresident alien that is not effectively connected with a US business is taxed at a flat 30%, or a lower treaty rate, on gross rent with no deductions, unless the owner elects under section 871(d) to be taxed on net income at graduated rates, and Form 1040 NR is filed each year. Details

  3. 3

    What an owner pays each year

    The United States has no single national property tax rate. Local governments tax land, homes and other immovable assets, and the amount depends on market value, location and condition. Details

  4. 4

    Selling

    When a foreign person sells US property the buyer generally withholds 15% of the amount realized under FIRPTA, with no withholding at USD 300,000 or less and 10% above that up to USD 1,000,000 where the buyer will live there, and the seller settles the final tax on Form 1040 NR. Details

Questions people in this position often miss

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • Can I borrow locally?Not confirmed yet

    Lending to a buyer living abroad is limited in many countries and the loan to value limit can be lower.

  • Can I move the money out of my own country?Depends on your country

    Some countries cap or review money sent abroad to buy a home, and banks ask where the money came from.

  • What do I report at home?Depends on your country

    Foreign property, foreign accounts and foreign rent can each carry a form in the owner's own country.

  • What is changing soon?Answered below

    From 1 April 2027 the North Carolina Farmland and Military Protection Act bars prohibited foreign parties from acquiring agricultural land and property within 50 miles of named military installations.

Whether a purchase gives a right to live there, and what living there costs in tax.

  1. 1

    Residence through property

    Buying a home does not by itself qualify for a US visa: the EB 5 investor category requires USD 1,050,000, or USD 800,000 in a targeted employment area, invested in a business that creates at least 10 full time jobs, and a personal residence does not count. Details

  2. 2

    Who may buy

    In the United States restrictions on buyers come from state laws, sanctions and federal review of sensitive real estate: Florida, Texas, Arkansas, Louisiana and Oklahoma restrict buyers linked to named countries or foreign governments in defined cases, and North Carolina does so from 1 April 2027. Details

  3. 3

    What buying costs

    In the United States buying taxes are set by the states: Florida charges a documentary stamp tax of 0.70% on deeds, New York charges a 0.4% transfer tax paid by the seller and a 1% buyer tax on residences of USD 1 million or more, and Washington charges a graduated real estate excise tax of 1.1% to 3%. Details

  4. 4

    What an owner pays each year

    The United States has no single national property tax rate. Local governments tax land, homes and other immovable assets, and the amount depends on market value, location and condition. Details

Questions people in this position often miss

  • Does buying give me the right to live there?Answered below

    Buying a home does not by itself qualify for a US visa: the EB 5 investor category requires USD 1,050,000, or USD 800,000 in a targeted employment area, invested in a business that creates at least 10 full time jobs, and a personal residence does not count.

  • What happens if I die, or the family inherits?Answered below

    Estate tax: the executor of a nonresident who is not a US citizen (determined by domicile) files Form 706 NA when US situated assets, including real estate, plus the gift tax specific exemption and adjusted taxable gifts, exceed USD 60,000 (not indexed); due 9 months after death, extension on Form 4768.

  • Can I move the money out of my own country?Depends on your country

    Some countries cap or review money sent abroad to buy a home, and banks ask where the money came from.

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • What is changing soon?Answered below

    From 1 April 2027 the North Carolina Farmland and Military Protection Act bars prohibited foreign parties from acquiring agricultural land and property within 50 miles of named military installations.

Part year stays, the yearly bill, and what the family inherits.

  1. 1

    Who may buy

    In the United States restrictions on buyers come from state laws, sanctions and federal review of sensitive real estate: Florida, Texas, Arkansas, Louisiana and Oklahoma restrict buyers linked to named countries or foreign governments in defined cases, and North Carolina does so from 1 April 2027. Details

  2. 2

    What an owner pays each year

    The United States has no single national property tax rate. Local governments tax land, homes and other immovable assets, and the amount depends on market value, location and condition. Details

  3. 3

    Residence through property

    Buying a home does not by itself qualify for a US visa: the EB 5 investor category requires USD 1,050,000, or USD 800,000 in a targeted employment area, invested in a business that creates at least 10 full time jobs, and a personal residence does not count. Details

  4. 4

    What buying costs

    In the United States buying taxes are set by the states: Florida charges a documentary stamp tax of 0.70% on deeds, New York charges a 0.4% transfer tax paid by the seller and a 1% buyer tax on residences of USD 1 million or more, and Washington charges a graduated real estate excise tax of 1.1% to 3%. Details

Questions people in this position often miss

  • Does buying give me the right to live there?Answered below

    Buying a home does not by itself qualify for a US visa: the EB 5 investor category requires USD 1,050,000, or USD 800,000 in a targeted employment area, invested in a business that creates at least 10 full time jobs, and a personal residence does not count.

  • What happens if I die, or the family inherits?Answered below

    Estate tax: the executor of a nonresident who is not a US citizen (determined by domicile) files Form 706 NA when US situated assets, including real estate, plus the gift tax specific exemption and adjusted taxable gifts, exceed USD 60,000 (not indexed); due 9 months after death, extension on Form 4768.

  • What is owed every year, even if the home sits empty?Answered below

    The United States has no single national property tax rate. Local governments tax land, homes and other immovable assets, and the amount depends on market value, location and condition.

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • Can I move the money out of my own country?Depends on your country

    Some countries cap or review money sent abroad to buy a home, and banks ask where the money came from.

What is owed each year, on rent and on a sale, and what the heirs face.

  1. 1

    What an owner pays each year

    The United States has no single national property tax rate. Local governments tax land, homes and other immovable assets, and the amount depends on market value, location and condition. Details

  2. 2

    Rent

    US rental income of a nonresident alien that is not effectively connected with a US business is taxed at a flat 30%, or a lower treaty rate, on gross rent with no deductions, unless the owner elects under section 871(d) to be taxed on net income at graduated rates, and Form 1040 NR is filed each year. Details

  3. 3

    Selling

    When a foreign person sells US property the buyer generally withholds 15% of the amount realized under FIRPTA, with no withholding at USD 300,000 or less and 10% above that up to USD 1,000,000 where the buyer will live there, and the seller settles the final tax on Form 1040 NR. Details

  4. 4

    What buying costs

    In the United States buying taxes are set by the states: Florida charges a documentary stamp tax of 0.70% on deeds, New York charges a 0.4% transfer tax paid by the seller and a 1% buyer tax on residences of USD 1 million or more, and Washington charges a graduated real estate excise tax of 1.1% to 3%. Details

Questions people in this position often miss

  • What do I report at home?Depends on your country

    Foreign property, foreign accounts and foreign rent can each carry a form in the owner's own country.

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • What happens if I die, or the family inherits?Answered below

    Estate tax: the executor of a nonresident who is not a US citizen (determined by domicile) files Form 706 NA when US situated assets, including real estate, plus the gift tax specific exemption and adjusted taxable gifts, exceed USD 60,000 (not indexed); due 9 months after death, extension on Form 4768.

  • What happens when I sell?Answered below

    When a foreign person sells US property the buyer generally withholds 15% of the amount realized under FIRPTA, with no withholding at USD 300,000 or less and 10% above that up to USD 1,000,000 where the buyer will live there, and the seller settles the final tax on Form 1040 NR.

  • What is changing soon?Answered below

    From 1 April 2027 the North Carolina Farmland and Military Protection Act bars prohibited foreign parties from acquiring agricultural land and property within 50 miles of named military installations.

  • Who may buy
  • What it costs to buy
  • What an owner pays each year
  • Rent from the property
  • Selling
  • Inheritance and gifts
  • From your country
  • Residence through property
  • The usual steps, in order
  • What is changing
  • Questions people ask
  • What is still open
  • Sources

Who may buy

Choose a nationality to see the rules that apply to it.

Every rule, for every buyer
BuyerPropertyReadingConditionsApplies
Everyone elseAny propertyNot allowed
  • Property of persons blocked under OFAC sanctions, and entities 50% or more owned by them, cannot be transferred or dealt in without OFAC authorisation.
  • OFAC defines property to include real property.
  • Applies whatever the nationality.
Nationals of FL 692.201 COUNTRIES OF CONCERNAny propertyRestricted
  • Florida, Fla.
  • Stat.
  • 692.203: a foreign principal (the government of a country of concern, a political party there, an entity organised or based there, or a person domiciled there who is not a US citizen or lawful permanent resident, plus persons with a controlling interest in certain Florida real property entities) may not directly or indirectly own or have a controlling interest in real property on or within 10 miles of a military installation or critical infrastructure facility in Florida.
  • A natural person who is a foreign principal may buy one residential property up to 2 acres that is not on or within 5 miles of a military installation, if holding a current verified US visa not limited to tourist travel or asylum documents, in that person's own name, and must register with the Department of Commerce within 30 days.
  • Owners from before 1 July 2023 had to register by 31 December 2023.
  • Late registration costs USD 1,000 a day.
  • An unlawful purchase or knowing sale is a second degree misdemeanor and the property may be forfeited.
  • Countries of concern named in 692.201: China, Russia, Iran, North Korea, Cuba, the Maduro regime in Venezuela and Syria.
from 1 July 2023
Everyone elseAny propertyRestricted
  • Texas SB 17 (89th Legislature, Property Code Subchapter H, sections 5.251 to 5.259, effective 1 September 2025, acquisitions on or after that date only).
  • Prohibited: a governmental entity of a designated country; a company or organisation headquartered in or controlled by the government of a designated country, or majority owned or controlled by prohibited persons or designated by the governor; an individual domiciled in a designated country (limited exception for a lawfully present resident buying a homestead); a citizen of a designated country domiciled elsewhere and not naturalised; a citizen unlawfully present in the US; a non US citizen acting as agent of a designated country; a member of its ruling party. 'Designated country' means a country identified by the Director of National Intelligence as a national security risk in at least one of the three most recent Annual Threat Assessments, or one designated by the governor.
  • Real property covers agricultural, commercial, industrial and residential property, water rights and minerals.
  • Excepted: US citizens and lawful permanent residents, entities owned or controlled by them (if no prohibited person is an owner or controller) and leaseholds under one year.
  • Enforcement by the Attorney General: action against the property, divestiture through a receiver, a state jail felony for an individual who knowingly acquires, and a civil penalty on a company of the greater of USD 250,000 or 50% of the market value of the interest.
  • A violation does not void the transaction.
  • The bill names no country in its operative text; the countries are set by the Director of National Intelligence assessments and the governor.
from 1 September 2025
Nationals of ITAR 126.1(d) COUNTRIESagricultural landNot allowed
  • North Carolina Farmland and Military Protection Act (Session Law 2026 to 54, House Bill 133, ratified 1 July 2026, approved 7 July 2026, sections 1 to 3 effective 1 April 2027).
  • A prohibited foreign party may not purchase, acquire, lease (one year or longer) or hold a direct interest in agricultural land or in property within a 50 mile radius of a named military installation (Fort Bragg, Camp Lejeune, Cherry Point, Seymour Johnson, and others listed in the Act, plus National Guard facilities).
  • Prohibited foreign party: the government of a country in 22 CFR 126.1(d) or a state controlled enterprise; entities or trusts organised under such a government; entities or trusts anywhere with a significant interest or substantial control (33% or more, or 50% or more in aggregate) held by those; agents and fiduciaries.
  • Excepted: entities with a CFIUS no unresolved concerns determination or a national security agreement, and de minimis interests such as under 10% of a class of listed equity.
  • Holdings from before the effective date, or before a country is added to 126.1(d), may continue but must be registered with the Secretary of State; late registration costs at least USD 1,000 a day.
  • Land acquired by devise, descent or foreclosure must be sold within one year.
  • Buyers sign an affidavit at closing.
  • Enforcement by receivership; a knowing seller commits a Class 2 misdemeanor.
  • The Act is aimed at governments and entities, not at individuals as such.
from 1 April 2027
Nationals of ITAR 126.1(d) COUNTRIES, living elsewhereagricultural landNot allowed
  • Arkansas Act 636 of 2023 (Ark.
  • Code 18 to 11 to 701 to 705, approved 11 April 2023).
  • A prohibited foreign party, defined to include a citizen or resident of a country subject to 22 CFR 126.1, a foreign government formed there, entities organised under such a government, entities in which such persons hold 33% or more, and entities of particular concern designated by the State Department, may not acquire agricultural land (outside municipalities, farm, ranch, timber) by grant, purchase, devise or descent, whatever the intended use.
  • A resident alien of the United States (residing in Arkansas) may hold it on the same terms as a citizen.
  • Violation: divest within 2 years, then the Attorney General sues and the court orders a judicial foreclosure sale; a felony punishable by up to 2 years or a USD 15,000 fine, or both.
  • Section 18 to 11 to 110 separately bars a prohibited foreign party controlled business (50% or more owned) from acquiring any interest in land in the state, with a 2 year divestment period.
Nationals of COMMERCE FOREIGN ADVERSARIES 15CFR791.4Any propertyRestricted
  • Louisiana R.S.
  • 9:2717.1 (Acts 2023 No.
  • 464, amended by Acts 2026 No.
  • 845): no foreign adversary or person connected with a foreign adversary may purchase, lease or otherwise acquire immovable property in Louisiana, for contracts after 1 August 2023. 'Foreign adversary' means an individual or government identified in the federal Commerce determination (the statute cites 15 CFR 7.4(a); the current eCFR text of the determination is at 15 CFR 791.4: China including Hong Kong and Macau, Cuba, Iran, North Korea, Russia and the Maduro regime) and in the OFAC database.
  • Excepted unless the person is an agent of a foreign adversary: US citizens, lawful permanent residents and persons lawfully present, entities wholly owned by them, and one to four family residential property bought by a natural person.
  • The Attorney General may seek an injunction or a court ordered sale; sellers, title insurers, lenders and agents have no duty to investigate.
from 1 August 2023
Everyone elseAny propertyConditions apply
  • Oklahoma, 60 O.S. section 121 as amended by SB 1705 (effective 1 November 2024): no alien, other non citizen or 'foreign government adversary' may acquire title to or own land (oil, gas and minerals excluded) directly or through a business entity, trust or foreign government enterprise, except as provided in the statute, with an exemption noted for a business entity engaged in regulated interstate commerce or holding a CFIUS national security agreement. 'Foreign government adversary' means a government designated by the US Secretary of State as hostile or a Country of Particular Concern.
  • Every recorded deed needs a notarised affidavit of compliance, with listed exemptions.
  • Escheat was changed to foreclosure.
from 1 November 2024
Everyone else, living elsewhereAny propertyConditions apply

CFIUS real estate rule (31 CFR Part 802): purchases, leases or concessions by foreign persons of covered real estate can be reviewed. Under 802.216 the following are excepted real estate transactions: covered real estate within an urbanized area or urban cluster (except real estate subject to 802.211(a) or (b)(1)), and a single housing unit with its incidental fixtures and adjacent land, plus purchases by excepted real estate investors and certain commercial space.

Everyone else, living elsewhereagricultural landConditions apply
  • Agricultural Foreign Investment Disclosure Act (AFIDA): foreign persons who acquire, transfer or hold interests in US agricultural land report to USDA.
  • Current regulation 7 CFR 781.4: late reports pay one tenth of one percent of fair market value per week, up to 25%; incomplete, false or missing reports up to 25%.
  • USDA proposed a replacement part 5100 on 25 June 2026 (docket USDA 2026 0001, comments closed 10 August 2026): an initial USD 250 penalty, then additional 1.5% (2.5% for a foreign adversary or foreign adversary controlled entity) steps up to a 25% aggregate cap, a wider reporting scope including leases of more than one year.
  • Not final.

What it costs to buy

Florida documentary stamp tax on deeds (Fla. Stat. 201.02)

Rate

70 cents for each USD 100 of consideration (0.70%), normally split by custom and contract; the tax applies when a deed vests title in a named grantee.

New York State real estate transfer tax and mansion tax

Rate
  • Transfer tax: USD 2 for each USD 500 of consideration (0.4%), paid by the seller.
  • Additional (mansion) tax: 1% of the price of residences of USD 1 million or more, paid by the buyer.
  • New York City adds a base tax of USD 1.25 per USD 500 on residential conveyances of USD 3 million or more and a supplemental tax from USD 2 million (0.25% to 2.9%), for conveyances from 1 July 2019.

California documentary transfer tax (Rev. and Tax. Code 11911)

Rate

County rate of USD 0.55 for each USD 500 (USD 1.10 per USD 1,000).

Washington real estate excise tax (RCW 82.45.060)

Rate

Graduated state rates on the portion of the price in each bracket: 1.1%, 1.28%, 2.75% and 3%, in effect since 1 January 2020, with a flat 1.28% for agricultural land and timberland. The statute sets base thresholds of USD 500,000, 1.5 million and 3 million and adjusts them every fourth year from 2023.

What an owner pays each year

Real estate tax (state and local property tax)

Rate

There is no single national rate. Your local government taxes your land, home or other immovable assets, and the amount can depend on the market value, location and condition of the property.

What if I own it and let it out?

Tax on the rent

Enter a yearly rent to see the tax on it.

A planning figure under the rules shown, not advice. Rates set by councils, reliefs, treaties and the owner's own circumstances can change it, and income tax on rent is usually settled on a return.

Rent from the property

Tax on rent

Owner living elsewhere
  • US rental income of a nonresident alien not effectively connected with a US trade or business is taxed at a flat 30% (or a lower treaty rate) on the gross amount with no deductions (section 871(a)(1)).
  • A nonresident alien can elect under section 871(d) to treat all income from US real property held for income production as effectively connected, allowing deductions and taxation of net income at graduated rates; the election stays in force until revoked and also covers later years.
  • It is made by attaching a statement to Form 1040 NR (or 1040 X) listing all US real property interests; Form W 8ECI goes to payers in the first election year.
  • A revocation without IRS approval is allowed by amending within 3 years of the original return's filing date or 2 years of payment, whichever is later; later years need IRS approval.
Filing
  • Form 1040 NR.
  • A person who received wages subject to US withholding files by the 15th day of the 4th month after the tax year ends (April 15, 2026 for 2025); a person who did not files by the 15th day of the 6th month (June 15, 2026).
  • Deductions and certain credits are lost if the return is more than 16 months late, absent a waiver.
  • A taxpayer identification number is required; an ITIN is applied for on Form W 7 when an SSN is not available.
Key numbers (1)
Flat rate on US source rent and similar income not effectively connected (before treaty)30%

Selling

Tax on a sale

Owner living elsewhere

A foreign person's disposal of a US real property interest is treated as effectively connected income (the FIRPTA rules), so no election is needed for gains on a sale; gains are reported on Form 1040 NR and taxed at graduated rates after allowable deductions.

Withholding on the sale
  • The buyer generally withholds 15% of the amount realized (dispositions after 16 February 2016; 10% before).
  • Where the buyer acquires the property to use as a residence: no withholding at USD 300,000 or less, and 10% where the amount realized is above USD 300,000 and up to USD 1,000,000.
  • Residence means definite plans to live there at least 50% of the days it is used in each of the first two 12 month periods; joint sellers whose total exceeds USD 300,000 do not get the exception even if each share is under it.
  • A foreign corporation distributing a US real property interest withholds 21% of the gain; a domestic corporation withholds 15% for distributions after 16 February 2016.
  • Buyer reports on Form 8288 with Form 8288 A; the seller or buyer can apply on Form 8288 B for a reduced or nil withholding certificate (normally decided within 90 days).
Exemptions

Withholding is a prepayment; final tax is settled on the seller's Form 1040 NR (or corporate return).

Key numbers (6)
FIRPTA withholding on amount realizedfrom 17 February 201615%
FIRPTA: no withholding for residence purchase up to (amount realized)from 17 February 2016USD 300,000
FIRPTA withholding for residence purchase above USD 300,000 and up to USD 1,000,000from 17 February 201610%
FIRPTA residence purchase reduced rate upper limitfrom 17 February 2016USD 1,000,000
Withholding on foreign corporation distribution of a US real property interest (of gain)from 17 February 201621%
Withholding on domestic corporation distribution to foreign shareholderfrom 17 February 201615%

What if I sell?

Gain (sale price less purchase price)USD 100,000

Tax on the sale

No tax on this sale is stated in the verified rules for this case.

Taken at source on the sale

  • FIRPTA withholding by the buyer (withheld at source)USD 75,000Charged on the amount realized. The buyer generally withholds 15 percent of the amount realized. Where the buyer will use the property as a residence, there is no withholding at USD 300,000 or less and 10 percent above that up to USD 1,000,000. It is a prepayment: the final tax is settled on the seller's Form 1040 NR at graduated rates.

Amounts taken at source are prepayments that the seller settles on a return. They are not added to the tax above.

A planning figure under the rules shown, not advice. Costs of buying and selling, improvements, reliefs for a home lived in, treaties and the owner's own circumstances can change it, and tax on a gain is usually settled on a return.

Inheritance and gifts

Inheritance and gift tax

Summary

Estate tax:

  • the executor of a nonresident who is not a US citizen (determined by domicile) files Form 706 NA when US situated assets, including real estate, plus the gift tax specific exemption and adjusted taxable gifts, exceed USD 60,000 (not indexed)
  • due 9 months after death, extension on Form 4768. The Form 706 NA instructions (Rev. 08 to 2025) give the maximum unified credit as USD 13,000 or, if greater, USD 46,800 times a fraction based on the US part of the gross estate (section 2102(b))
  • treaties can change the result. Death tax treaties are in effect with 15 countries (Australia, Austria, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Netherlands, South Africa, Switzerland, United Kingdom)
  • the instructions note that treaties with Australia, Canada, Finland, France, Germany, Greece, Italy, Japan and Switzerland contain provisions affecting the unified credit. Gift tax: a nonresident non citizen is subject to gift tax on gifts of US situated real property and tangible personal property
  • gifts of US situated intangibles such as stock of US corporations are generally exempt, with limited exceptions. There is no lifetime gift tax credit available to offset tax. For 2026 the annual exclusion is USD 19,000 per donee and USD 194,000 for gifts of present interests to a non citizen spouse (2025: USD 19,000 and USD 190,000)
  • Form 709 NA is required when gifts to a donee other than a spouse exceed the exclusion
Key numbers (5)
Nonresident estate tax filing threshold (Form 706 NA)USD 60,000
Maximum unified credit for nonresident estate (flat minimum)USD 13,000
Nonresident estate credit formula base amount (times a fraction)USD 46,800
Annual gift tax exclusion per donee, 2026from 1 January 2026 until 31 December 2026USD 19,000
Annual exclusion for present interest gifts to a non citizen spouse, 2026from 1 January 2026 until 31 December 2026USD 194,000

From your country

The country of the property is only half of it. The country where you live can limit the money you send, tax the same rent and gain again, and ask for forms of its own.

Choose where you live to see what your own country does when you buy in United States.

Residence through property

EB 5 immigrant investor

Threshold
  • USD 1,050,000, or USD 800,000 in a targeted employment area or qualifying infrastructure project, for petitions filed on or after 15 March 2022; at least 10 qualifying full time jobs.
  • Amounts adjust for inflation every five years with the first adjustment for petitions filed on or after 1 January 2027.
  • Owning and operating a personal residence is excluded from a new commercial enterprise.
Status

open

Key numbers (3)
EB 5 minimum investmentfrom 15 March 2022USD 1,050,000
EB 5 minimum investment in a targeted employment area or infrastructure projectfrom 15 March 2022USD 800,000
EB 5 minimum qualifying full time jobsfrom 15 March 2022count 10

The usual steps, in order

  1. Identify the state and the exact parcel, then check that state's rules on foreign buyers, agricultural land and land near military or critical infrastructure sites, including distance limits (Florida 10 miles, North Carolina 50 miles).
  2. Check whether the property is covered real estate under the CFIUS rules, or is a single housing unit or inside an urbanized area or urban cluster.
  3. Confirm the buyer and any entity are not blocked under OFAC sanctions.
  4. Agree a contract and use the usual title, escrow and closing process; the closing agent handles recording and state transfer taxes. Deed affidavits of compliance are required in Oklahoma and, from 1 April 2027, North Carolina for covered land.
  5. Typical documents: passport, evidence of the source of funds, entity ownership documents if an entity buys.
  6. If the land is agricultural, file the AFIDA report with USDA after acquiring it.
  7. Obtain a taxpayer identification number (ITIN on Form W 7 if not eligible for an SSN) before filing a US return.
  8. While renting, choose between the 30% gross treatment and the section 871(d) net election, and file Form 1040 NR each year.
  9. On a sale, the buyer withholds under FIRPTA and files Forms 8288 and 8288 A; the seller files Form 1040 NR to settle the final tax, or applies for a withholding certificate on Form 8288 B before closing.

What is changing

  • From 1 April 2027 the North Carolina Farmland and Military Protection Act bars prohibited foreign parties from acquiring agricultural land and property within 50 miles of named military installations.
  • From 1 January 2027 the EB 5 minimum investment amounts of USD 1,050,000 and USD 800,000 are adjusted for inflation for petitions filed on or after that date.
  • On 25 June 2026 USDA proposed new penalties for late agricultural land disclosure reports, an initial USD 250 then steps of 1.5% (2.5% for a foreign adversary) up to a 25% cap; comments closed on 10 August 2026 and the final rule has not been issued.
  • A federal court vacated FinCEN's residential real estate reporting rule on 19 March 2026, and the appeal, case number 26 40285 in the Fifth Circuit, is pending.

Questions people ask

What if I am a foreign national and buy a house in the US?

State laws, CFIUS review near sensitive sites and OFAC sanctions can apply. Florida, Texas, North Carolina, Arkansas, Louisiana and Oklahoma restrict buyers linked to named countries or to foreign governments in defined cases, and each state has its own test. This is general information, not advice.

How does FIRPTA withholding work when a foreigner sells US property?

The buyer generally withholds 15% of the amount realized and sends it to the IRS on Form 8288. If the buyer will live there, no withholding applies at USD 300,000 or less and 10% applies above that up to USD 1,000,000. The seller can apply on Form 8288 B for a reduced amount, and the final tax is settled on the seller's return.

What if I rent out a US property while living abroad?

Rental income not effectively connected with a US business is taxed at a flat 30% with no deductions, or a lower treaty rate. An election under section 871(d) taxes net income at graduated rates, which means filing Form 1040 NR each year (April 15 if wages were withheld, otherwise June 15).

How does a nonresident owner get an ITIN, and when is one needed?

An ITIN is a tax processing number for people who must file or appear on a US tax return but cannot get a Social Security number, applied for on Form W 7. A nonresident filing a US return on rental income or a sale typically needs a taxpayer number.

How does US estate tax apply to a nonresident who owns a US home?

US real estate is US situated property. If its value plus certain gifts exceeds USD 60,000 at death, the executor files Form 706 NA within 9 months. The credit for such estates is only USD 13,000 or a proportional share of USD 46,800, so a modest US estate can be taxed unless one of the 15 death tax treaties helps.

What if I want to buy farmland as a foreign person?

The holding is reported to USDA under AFIDA, with late penalties up to 25% of fair market value. Arkansas bars a citizen or resident of a country in 22 CFR 126.1 from agricultural land unless a US resident alien; North Carolina's law takes effect on 1 April 2027; Oklahoma and Louisiana have broader rules; Texas SB 17 applies from 1 September 2025 to persons tied to designated countries. A USDA rule proposed on 25 June 2026 would raise penalties.

What if the home is near a military base?

Florida bars foreign principals of countries of concern from property within 10 miles of a military installation or critical infrastructure facility, with a narrow single residence exception beyond 5 miles for visa holders. North Carolina's act reaches a 50 mile radius for its prohibited parties from 1 April 2027.

What if I buy through a company or trust?

State laws look at controlling foreign interests, FIRPTA withholding still applies when the entity sells, and the FinCEN entity purchase reporting rule is currently vacated pending appeal in the Fifth Circuit.

What if I buy US property hoping for a visa or green card?

Not by itself. The EB 5 investor category requires an investment of USD 1,050,000 (USD 800,000 in a targeted employment area) in a business that creates at least 10 jobs; a personal residence does not qualify. Amounts are due to be adjusted for petitions filed from 1 January 2027.

How do gift and transfer taxes apply to a nonresident owner?

A nonresident non citizen owes gift tax on gifts of US real or tangible property, with a USD 19,000 annual exclusion for 2026 (USD 194,000 to a non citizen spouse) and no lifetime credit. Transfer taxes are state matters: Florida charges 0.70% documentary stamp tax on deeds, New York 0.4% plus a 1% buyer tax from USD 1 million, California a county rate of USD 1.10 per USD 1,000, Washington a graduated 1.1% to 3%.

What is still open

These points could not be confirmed from an official source yet, so they are not stated as rules.

  • The list of countries Texas treats as designated, and the Attorney General's implementing rules for Texas SB 17, could not be confirmed from an official source yet.
  • The Oklahoma exceptions for resident non citizens, and so how far its general bar reaches individuals, could not be confirmed from an official source yet.
  • The reported laws of Indiana and other states are not stated as rules because only secondary sources describe them.
  • The effect of the 2026 amendment to the Florida countries of concern definition could not be confirmed from an official source yet.
  • The capital gains rates for nonresidents on US real property gains, and treaty relief on those gains, could not be confirmed from an official source yet.
  • Transfer taxes in other states, city taxes in California, property tax rates, state income tax on rent and state estate taxes could not be confirmed from an official source yet.
  • Mortgage availability, bank account opening, securities ownership limits, FATCA and CRS reporting could not be confirmed from an official source yet.
  • The final USDA rule on agricultural land disclosure penalties and the outcome of the Fifth Circuit appeal of the FinCEN residential real estate rule are not yet published.

Sources

Official pages these figures come from (29)
  • ofac.treasury.gov
  • leg.state.fl.us
  • flsenate.gov
  • leg.state.fl.us
  • capitol.texas.gov
  • ncleg.gov
  • ecfr.gov
  • arkleg.state.ar.us
  • legis.la.gov
  • ecfr.gov
  • oklegislature.gov
  • ecfr.gov
  • govinfo.gov
  • federalregister.gov
  • leg.state.fl.us
  • tax.ny.gov
  • monocounty.ca.gov
  • app.leg.wa.gov
  • usa.gov
  • uscis.gov
  • irs.gov
  • irs.gov
  • irs.gov
  • irs.gov
  • irs.gov
  • irs.gov
  • irs.gov
  • irs.gov
  • irs.gov

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Related pages

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  • Rental income tax by country
  • Taxed in three places

This is education, not financial, tax, legal or immigration advice. Rules change and depend on the buyer's own facts. Advice from a licensed professional in the country concerned is what settles a particular purchase.

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Land tax calculator (Australia)Capital gains calculator, old and new rules from 1 July 2027 (Australia)Superannuation and SMSF property comparison (Australia)Stamp duty calculator (United Kingdom)Real estate transfer tax calculator (United States)Negative gearing explained (Australia)Rental income tax by country (Worldwide)Buying property abroad: rules for foreign buyers (Worldwide)

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