Buying Florida Real Estate as a Foreign National

Can a Foreign National Buy in Florida?

The Florida statutes we read do not require citizenship or residency of home buyers generally, but they do restrict purchases by certain "foreign principals." Under Chapter 692 of the Florida Statutes, that term includes governments and officials of China, Russia, Iran, North Korea, Cuba, the Maduro regime in Venezuela, and Syria, entities organized in or principally located in those countries, and individuals domiciled there who are not US citizens or permanent residents.

The statute bars those foreign principals from owning agricultural land, and from owning real property within 10 miles of a military installation or critical infrastructure facility. For individuals domiciled in China who are not US citizens or lawful permanent residents, a separate section (692.204) covers any Florida real property, with an exception for one residence of up to 2 acres bought in your own name if you hold a non-tourist visa or asylum documentation and the home is not within 5 miles of a military installation. Sections 692.203 and 692.204 also set criminal and civil penalties, and 692.203 sets registration requirements for some owners.

The statute text we read comes from the Florida Public Law mirror, current through Fall 2025, and we could not confirm whether it has been amended since. Ask a real estate attorney whether it applies to you before you sign a contract.

The Court Challenge

The law was challenged in federal court in Shen v. Simpson. The ACLU's case page says the Eleventh Circuit ruled 2 to 1 in November 2025 that the plaintiffs lacked standing to challenge the purchase restriction, and that the plaintiffs then voluntarily dismissed their claims, so the case is listed as closed. The page reports no ruling striking the law down, and a standing ruling does not decide whether the law is valid. Treat it as in force unless an attorney tells you otherwise.

Financing Without a US Credit History

Fannie Mae's Selling Guide sets eligibility rules for lawful permanent and non-permanent resident aliens, and the page we read does not set them for borrowers with no US residency status. Those buyers often look to lenders with foreign national programs, and terms vary by lender.

Ask each lender what down payment it requires, what documents it accepts from your home country in place of a US credit history, and what rate and fees apply. Some international buyers purchase in cash instead and consider financing later.

ITINs and Banking

The IRS describes an Individual Taxpayer Identification Number as a tax processing number for certain nonresident and resident aliens who cannot get a Social Security number. You apply with Form W-7 and documents that prove your identity and foreign status, by mail, at an IRS office, or through an IRS acceptance agent. Ask your title company and lender what identification they require at closing, and ask your CPA whether you will need an ITIN for tax filings connected to the property.

In practice, opening a US bank account before closing makes utilities, HOA dues, and rental income easier, so start early.

How You Hold Title, and US Estate Tax

Individual ownership, joint ownership, an LLC, and a trust each carry different implications for liability, estate treatment, and tax. Settle this before closing, because changing it afterward can be costly.

The IRS says the executor of a nonresident who is not a US citizen must file Form 706-NA if the value of US-situated assets, with certain other amounts, exceeds a $60,000 filing threshold, which is not indexed for inflation. Real estate located in the United States counts. Filing the form is not the same as owing nothing, since estate tax can apply to US real estate, and a CPA can estimate it for your ownership structure. The IRS also notes that some countries have estate tax treaties with the United States that can change the result.

Cash Purchases and the FinCEN Reporting Rule

FinCEN adopted a rule requiring reports on certain all-cash transfers of residential property to legal entities and trusts, and FinCEN postponed its start to March 1, 2026. As of September 24, 2026, FinCEN's website said the US District Court for the Eastern District of Texas vacated the rule on March 19, 2026, that FinCEN and the Justice Department had appealed, and that while the court's order stands, reporting persons are not required to file. The rule's status could change, so ask your title company what reporting applies at your closing.

FIRPTA When You Eventually Sell

The Foreign Investment in Real Property Tax Act taxes foreign persons on dispositions of US real property. The IRS says the buyer generally must withhold 15 percent of the total amount realized. Under the tax code, withholding is lower or unnecessary in some cases: it does not apply when the buyer acquires the property for use as a residence and the amount realized is $300,000 or less, and the rate is 10 percent for a residence bought for more than $300,000 and up to $1 million. The buyer's intended use decides this, so your CPA and the title company confirm it.

Withholding is not an extra tax. The tax code says withheld amounts are credited against the income tax computed on your return. A seller or buyer can request a withholding certificate for reduced or no withholding by filing Form 8288-B. Ask your CPA to plan for it before you buy, because it affects the cash you receive at closing.

Renting the Property Out

Check what the community and the county permit before you make an offer, since short-term rental is allowed in some Central Florida communities and restricted in others. Our guide to short-term rental rules in Central Florida covers what to check.

Florida charges a 6 percent tax on rentals of living quarters of six months or less, under Section 212.03 of the Florida Statutes, and Orange County says its tourist development tax is also 6 percent on short-term rentals under six months. Rates and rules differ by county. Ask an attorney or accountant what registration, licensing, and tax rules apply to your property.

For federal tax, the IRS says rental income of a nonresident alien that is not connected to a US business is generally taxed at 30 percent, or a lower treaty rate, and that you can elect to treat it as effectively connected income, which allows deductions and taxes the net income at graduated rates. Discuss the election with your CPA.

Closing From Abroad

Ask your title company early which signing method it will accept. Florida law lists ways to acknowledge a document outside the United States, including before a foreign notary who uses a seal or a US diplomatic or consular officer (Section 695.03). Florida also allows online notarization by a Florida notary, and Section 117.265 adds requirements when the signer is outside Florida, so ask the title company whether it will use it.

The Hague Apostille Convention replaces diplomatic or consular legalisation among its member states with a single certificate, so documents notarized in a member country may need an apostille. If you plan to use a power of attorney, Florida requires the principal's signature, two subscribing witnesses, and an acknowledgment (Section 709.2105), and the title company decides whether it will accept the document.

Wire transfers from abroad take lead time, so plan the wire well before closing day.

Buying Is Separate From Immigration Status

A home purchase is a separate matter from your visa or residency. If you are considering a move to the United States, ask an immigration attorney how a purchase fits your plans instead of assuming it helps.

Diana Gutiérrez is a real estate licensee, not an attorney or CPA. This guide summarizes public sources as of September 24, 2026 and is not legal or tax advice.