Frequently Asked Questions
Comprehensive answers to the most common questions about investing in US real estate as an international buyer.
Legal and Eligibility
Can foreigners buy real estate in the United States?
Yes, there are no legal restrictions on foreign nationals purchasing real estate in the United States. Non-citizens and non-residents can buy residential, commercial, and investment properties in all 50 states. The US is one of the most open real estate markets in the world for foreign buyers. However, there are specific tax implications including FIRPTA withholding on sales and FBAR reporting for foreign-held accounts that require careful planning. Our legal team specializes in guiding international investors through all requirements.
Do I need a US visa or residency to buy property in America?
No visa or US residency is required to purchase real estate in the United States. Foreign nationals can buy property regardless of visa status, including individuals with no current US visa. However, if you plan to spend significant time in the US managing your investment, you will need an appropriate visa. B-1/B-2 tourist visas permit property purchase and short visits. For long-term residency, the EB-5 investor visa (starting at $1,050,000 investment) or E-2 treaty investor visa are common options. Our team can connect you with immigration attorneys to explore your specific visa options.
What is FIRPTA and how does it affect foreign investors?
FIRPTA (Foreign Investment in Real Property Tax Act) is a US tax law that requires the buyer to withhold 15% of the gross sale price when purchasing property from a foreign seller. This withholding acts as a prepayment of the seller’s potential capital gains tax. For a $1,000,000 property, the buyer withholds $150,000 at closing, even if the actual tax liability is lower. The foreign seller then files a US tax return to reconcile the actual tax due and claim a refund of any excess withheld. Through proper LLC structuring, we can often reduce or eliminate FIRPTA withholding for our clients.
Should I buy US property in my own name or through an LLC?
In virtually all cases, we recommend foreign investors hold US real estate through a properly structured LLC rather than in their personal name. The primary benefits of LLC ownership include: (1) Liability protection — LLC owners are not personally liable for property-related lawsuits; (2) Estate tax avoidance — US-sited assets owned personally by non-resident aliens are subject to US estate tax on death, but LLC interests may not be; (3) FIRPTA mitigation — properly structured domestic LLCs can reduce or eliminate FIRPTA withholding; (4) Privacy — LLC ownership keeps your personal name off public property records. We form LLCs in Delaware, Wyoming, or Florida depending on your specific needs.
Investment and Returns
What is the minimum investment amount for US real estate?
Entry-level investment properties in our markets typically start from $250,000 for single-family homes in Houston or Atlanta. Condominiums in these markets start from $200,000-$300,000. Luxury condos in Miami or New York begin at $500,000-$700,000. For commercial real estate or multi-unit properties, budgets typically begin at $1,000,000+. We work with investors at all budget levels and provide honest guidance about what each budget can realistically achieve in terms of yield and appreciation in each market.
What rental yields can I expect from US investment properties?
Rental yields vary significantly by market and property type. High-yield markets like Houston (8-11%), Atlanta (7-9%), and Dallas (7-9%) offer the strongest cash flow relative to purchase price. Premium gateway markets like Miami (5-7%), New York (3-5%), and San Francisco (3-5%) typically offer lower yields but stronger capital appreciation and more liquid exit markets. Luxury short-term rentals in tourist destinations can achieve 10-15% gross yields but require more active management. Our analysts will model specific properties to provide accurate yield projections.
Can I get financing (mortgage) as a foreign investor?
Yes, foreign national mortgage financing is available in the United States, though the terms differ from those available to US citizens and residents. Most foreign national loan programs require: 25-40% down payment, 12+ months of bank statements showing income, and a US bank account. Interest rates for foreign national loans are typically 0.5-1.5% higher than conventional US rates. Some lenders specialize in foreign national loans, and we maintain relationships with several. Alternatively, cash purchase and later refinancing is often the most efficient approach for international buyers.
What taxes will I pay on US rental income?
Foreign investors with US rental income must file annual US federal tax returns (Form 1040NR) reporting rental income and expenses. The effective tax rate on net rental income is generally 10-37% depending on income level. However, significant deductions are available: depreciation (typically 3.6% of property value annually), mortgage interest, property taxes, insurance, management fees, and maintenance. Many investors find their taxable rental income is substantially lower than gross rents due to these deductions. Additionally, the US has tax treaties with over 65 countries that may reduce your withholding rates.
Process and Practicalities
Do I need to visit the US to buy property?
No. It is entirely possible to complete a US real estate purchase without visiting the United States. We offer virtual property tours via video call, handle all paperwork electronically with DocuSign, and can represent you at closing via Power of Attorney. We assist with notarization of documents abroad through US consulates or apostille-certified notaries in your country. Many of our international clients have successfully purchased properties without any in-person visits. For larger investments of $1M+, we do recommend at least one market visit to develop your own comfort and conviction with the investment.
How long does a US real estate purchase typically take?
A typical US residential real estate transaction closes in 30-60 days from accepted offer to closing. This timeline includes: property inspection (5-10 days), title search and insurance (2-3 weeks), financing processing if applicable (3-4 weeks), and final walkthrough and closing (1-2 days). LLC formation, if required before purchase, adds 1-2 weeks. All-cash purchases typically close faster (15-30 days) than financed purchases. From your initial consultation with us to having keys in hand, allow 60-90 days for a standard residential purchase.
What are the typical closing costs for buying in the US?
Closing costs in the US typically range from 2-5% of the purchase price for buyers. Common costs include: title insurance (0.5-1%), attorney fees ($1,500-$5,000), recording fees ($200-$500), property inspection ($400-$800), transfer taxes (vary by state: Florida 0.7%, New York 1-2.075%, California 0.11%), and lender fees if financing. In Texas (Houston and Dallas), there is no state transfer tax, reducing closing costs. Sellers typically pay the real estate commission (5-6% of sale price), which means buyers in competitive markets often have minimal agent costs.
Have More Questions?
Schedule a free consultation with our experts. We will answer all your questions and help you understand exactly how US real estate investment works for your specific situation.