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Moving to Florida & international buyers

Can a foreigner buy a house in Florida?

Short answer

Yes, in most cases: Florida's foreign-ownership limits in Chapter 692, Part III, Florida Statutes, apply only to "foreign principals" tied to seven named countries, so buyers with no such ties fall outside those restrictions. Every buyer still signs a foreign-ownership affidavit at purchase, and foreign owners face extra federal tax steps, such as getting a taxpayer number and FIRPTA withholding when they sell.

Who does Florida restrict?

Florida's 2023 law, known as SB 264, defines a "foreign country of concern" as China, Russia, Iran, North Korea, Cuba, the Venezuelan regime of Nicolás Maduro and Syria. A "foreign principal" includes those governments and their officials, their political parties, companies organized or headquartered there, and any person domiciled in one of those countries who is not a U.S. citizen or lawful permanent resident.

Section 692.204 applies the broadest limits to people and entities tied to China, barring most of them from acquiring Florida real property, with a one-home exception for certain visa holders. A citizen of another country who is not domiciled in one of the seven named countries, and is not acting for one of them, falls outside these definitions.[1][2]

What does a foreign buyer sign at closing?

Under section 692.204, every buyer of Florida real property provides an affidavit, signed under penalty of perjury, stating that they are not a restricted buyer or that they qualify for an exception. The Florida Real Estate Commission sets the form, and U.S. citizens sign it too.[2]

Do you need a taxpayer number or an LLC?

If you are required to file a U.S. tax return and are not eligible for a Social Security number, the IRS issues an Individual Taxpayer Identification Number (ITIN), a 9-digit number. You apply with Form W-7, generally attached to your tax return; the IRS says to allow 7 weeks, or 9 to 11 weeks during tax season or when applying from overseas. When a foreign person later sells, the buyer generally must withhold 15% of the amount realized under FIRPTA and send it to the IRS.

Some buyers hold property in a Florida limited liability company. Filing Articles of Organization through Sunbiz costs $125 as of 2026 ($100 plus $25 for the registered agent designation). Whether an LLC fits depends on financing, tax and estate-planning questions, so talk with a Florida real estate attorney and a CPA who works with international clients.[3][4][5]

Does buying a home give you a visa or green card?

USCIS describes its EB-5 immigrant investor program as requiring an investment in a commercial enterprise in the United States and a plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers; buying a home to live in is not described as a qualifying investment. The IRS also notes that an ITIN does not change immigration status or authorize work. Immigration questions belong with a licensed immigration attorney.[3][6]

Key takeaways

  • Florida's SB 264 limits apply to foreign principals tied to China, Russia, Iran, North Korea, Cuba, the Maduro regime in Venezuela and Syria.
  • Every Florida buyer, including U.S. citizens, signs a foreign-ownership affidavit at purchase.
  • An ITIN lets a person without a Social Security number meet U.S. tax filing requirements but does not change immigration status.
  • Foreign sellers are generally subject to 15% FIRPTA withholding when they sell.
  • USCIS ties the EB-5 investor program to a commercial enterprise and job creation, not to buying a home.

Sources

  1. [1]Florida Statutes — Section 692.201, Definitions
  2. [2]Florida Statutes — Section 692.204, Purchase or acquisition of real property by the People’s Republic of China prohibited
  3. [3]IRS — Individual Taxpayer Identification Number (ITIN)
  4. [4]IRS — FIRPTA Withholding
  5. [5]Florida Department of State, Division of Corporations (Sunbiz) — Florida Limited Liability Company e-filing
  6. [6]USCIS — EB-5 Immigrant Investor Program

Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.

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