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Buying property in the United States as a foreigner: requirements, taxes and costs

What a foreigner needs to buy property in the United States: No restrictions, Key requirement, Withholding on sale. 25 projects under construction with 3D tours.

Can a foreigner buy property in the United States?

No restrictions
No residency, citizenship, or SSN required to buy
Key requirement
Passport + ITIN (tax ID number) for routine transactions
Withholding on sale
FIRPTA: 15% of the sale price withheld (refundable if applicable)
FIRPTA exception
Does not apply if price is <USD 300,000 and the buyer uses it as a residence 50%+ of the time
EB-5 — amount
Minimum investment USD 800,000 in a targeted employment area (rural or high-unemployment)
EB-5 — benefit
Conditional green card → permanent; live and work anywhere in the US; education for children under 21
EB-5 — upfront costs
Admin USD 70,000 + legal USD 20-25,000 + I-526 filing fee USD 22,225 (in addition to the investment)
EB-5 — process
I-526 → approval → conditional green card → I-829 within 2 years → capital return

Source: FIRPTA (IRS), kivakilawfirm.com, Okan Tower EB-5 fact sheet (USCIS)

Frequently asked questions

No restrictions when buying property in the United States

No residency, citizenship, or SSN required to buy

Key requirement when buying property in the United States

Passport + ITIN (tax ID number) for routine transactions

Withholding on sale when buying property in the United States

FIRPTA: 15% of the sale price withheld (refundable if applicable)

FIRPTA exception when buying property in the United States

Does not apply if price is <USD 300,000 and the buyer uses it as a residence 50%+ of the time

EB-5 — amount when buying property in the United States

Minimum investment USD 800,000 in a targeted employment area (rural or high-unemployment)

EB-5 — benefit when buying property in the United States

Conditional green card → permanent; live and work anywhere in the US; education for children under 21

EB-5 — upfront costs when buying property in the United States

Admin USD 70,000 + legal USD 20-25,000 + I-526 filing fee USD 22,225 (in addition to the investment)

EB-5 — process when buying property in the United States

I-526 → approval → conditional green card → I-829 within 2 years → capital return

25 projects under construction in the United States

Compared: buying as a foreigner across the index's 12 countries

Main requirement for foreigners and listed projects, by country
CountryKey pointDetailProjects
Argentina No restrictions Same terms as an Argentine citizen, no prior visa needed 19
Mexico Restricted zone No direct title within 100km of a border / 50km of the coast 13
Spain Key requirement NIE tax ID — required to sign a deed or apply for a mortgage 2
the United States No restrictions No residency, citizenship, or SSN required to buy 25
Uruguay No restrictions Same rights as a local citizen, no prior residency needed 4
Panama No restrictions Same terms as a Panamanian citizen, no local partner or quotas required 16
Colombia Key requirement Passport or foreigner ID + proof of lawful source of funds 11
Paraguay No restrictions Same rights as a Paraguayan citizen, no residency or special visa 7
Peru No restrictions Same property rights as a Peruvian citizen, no prior residency (except within 50km of a border) 2
Ecuador — — 0
Costa Rica — — 0
the Dominican Republic No restrictions No prior residency or citizenship required to buy 2
Investing in other countries:
Argentina · Mexico · Spain · Uruguay · Panama · Colombia · Paraguay · Peru · Ecuador · Costa Rica · the Dominican Republic

Editorial content with cited sources. This is not legal or tax advice. Rules change: always confirm with a local professional before transacting.