Question 1

What is FIRPTA and does it apply to my sale?

Accepted Answer

FIRPTA is a federal tax withholding rule that applies when a foreign person sells U.S. real property. The default withholding rate is 15% of the gross sales price, but reductions and exemptions may apply depending on price, buyer's intended use, and seller's status. We analyze each case.

Question 2

Can a foreign buyer get a mortgage in the U.S.?

Accepted Answer

Yes, though foreign national loan programs have different underwriting requirements and typically higher rates. We coordinate closely with lenders specializing in foreign national financing.

Question 3

Should a foreign buyer hold property in an LLC or personally?

Accepted Answer

Usually in an entity, for estate-tax and liability reasons — but the right structure depends on your home country, your tax residency, and your long-term plans. We coordinate with international tax counsel where needed.

Question 4

Can you handle the transaction if I'm not in the U.S.?

Accepted Answer

Yes. We arrange remote signings, consular notarization, and power-of-attorney representation so foreign clients can close without traveling.

Question 5

What is the difference between a 15% and a reduced FIRPTA withholding?

Accepted Answer

The default rate is 15% of gross sales price. A reduced rate (10%) applies if the sales price is between $300,001 and $1,000,000 AND the buyer intends to use the property as a personal residence. Properties under $300,000 used as a personal residence are exempt entirely. A withholding certificate from the IRS can further reduce or eliminate withholding when the seller's actual tax liability is lower. We calculate which path applies to your sale.

Question 6

How do I get an ITIN as a foreign person?

Accepted Answer

Form W-7 filed with the IRS, supported by certified copies of your passport (or in-person verification at a Certifying Acceptance Agent). Processing typically takes 7–11 weeks. We coordinate ITIN applications timed to your transaction so the number is in hand when needed for closing or tax filing.

Question 7

What U.S. estate tax exposure does a foreign national have on Florida real estate?

Accepted Answer

Foreign nationals get only a $60,000 federal estate tax exemption on U.S. situs assets (versus over $13.6M for U.S. citizens). Florida real estate held in personal name is fully exposed. Holding through a properly structured foreign corporation, trust, or other entity can dramatically reduce or eliminate this exposure. We coordinate with international tax counsel to design the structure.

Question 8

Can a foreign national open a U.S. bank account or finance a Florida purchase?

Accepted Answer

Yes. Several U.S. banks have foreign-national mortgage programs (with higher rates and larger down payments — typically 30–40%). Account opening is more straightforward at major banks with international divisions. We refer to lenders and bankers experienced with foreign clients.

Question 9

Will buying U.S. real estate get me a visa or green card?

Accepted Answer

Real estate purchase alone does not qualify. The EB-5 investor visa requires a $1.05M investment (or $800K in a Targeted Employment Area) into a job-creating business — not passive real estate. Real estate ownership can be part of a larger immigration strategy but is not on its own a path. We refer you to immigration counsel for that piece.

Foreign National Representation & FIRPTA

About foreign national representation & firpta

What we handle

FIRPTA withholding

ITIN applications

Entity structuring for foreign ownership

Closing the transaction

Questions we hear

Related services

Buyer Representation

Seller Representation

Investor Services

Commercial Closings

Need help with foreign national representation & firpta?