A Miami purchase from abroad rarely falls apart over price. It stalls on paperwork raised too late: the Florida affidavit, a withholding duty the buyer did not know was theirs, an ownership structure chosen after the contract, a misdirected wire. Each is cheaper to settle before you sign.

We are The Audrey Ross Team at Compass Florida, and our office sits at 4699 Ponce de Leon Boulevard in Coral Gables. Audrey Ross opened her own firm in 1984, and the team has worked this market for more than 40 years. This guide sets out the Florida and federal rules a buyer from abroad meets, in the order they arrive, as of October 2026.

Can a Foreigner Buy Property in Miami?

Yes. Citizenship and residence change the tax, reporting and financing steps of a purchase, not the right to hold title, with one Florida exception covered next.

Federal law taxes foreign owners: FIRPTA taxes foreign sellers, and the IRS counts US real estate in a nonresident’s estate. The federal review regime for foreign real estate deals near sensitive sites expressly excepts the purchase of a single housing unit under 31 CFR 802.216.

What Does Florida’s 2023 Foreign Ownership Law Restrict?

It restricts purchases by foreign principals of seven countries of concern near military installations and critical infrastructure, bars persons domiciled in China and Chinese entities from acquiring almost any Florida real property, and requires every buyer to sign an affidavit at closing.

The law began as Senate Bill 264, chapter 2023-33, Laws of Florida, and sits in Part III of Chapter 692, Florida Statutes. Property already owned before July 1, 2023 may be kept but not added to.

Who is a foreign principal?

A foreign principal, under section 692.201, is the government or an official of a country of concern, its political parties and their members, an entity organized or based there, any person domiciled there who is not a US citizen or lawful permanent resident, and anyone in those groups holding a controlling interest in an entity or trust formed to own Florida real property. The statute names the countries: the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, and the Syrian Arab Republic.

The test is domicile, not passport. In its November 4, 2025 opinion, the Eleventh Circuit applied Florida’s definition of domicile, presence plus the intent to make a place home, and held that a plaintiff living in Florida on a work visa with that intent was domiciled in Florida, even without permanent immigration status.

Which land does it cover?

Section 692.203 bars a foreign principal from acquiring real property on or within 10 miles of a military installation or a critical infrastructure facility. That list includes airports, seaports, power plants, water treatment plants, refineries and telecommunications switching offices, where the facility uses fences, barriers or guard posts. Section 692.202 separately bars foreign principals from acquiring agricultural land. FloridaCommerce provides, under Rule 73C-61.003, a way on its website to check a property’s proximity to these sites.

What is the broader rule for persons domiciled in China?

Section 692.204 bars the People’s Republic of China, its officials, the Chinese Communist Party and its members, entities organized or based in China, and any person domiciled in China who is not a US citizen or lawful permanent resident from acquiring Florida real property anywhere, other than a de minimus indirect interest such as a small holding of public shares. A violation is a third-degree felony, and the property can be forfeited to the state.

Sections 692.203 and 692.204 share one purchase exception. A natural person, not an entity, may buy one residential property of up to 2 acres, not on or within 5 miles of a military installation, if the buyer holds a current US visa not limited to tourist travel or has been granted asylum, and buys in their own name. That buyer must register the property with FloridaCommerce within 30 days, or face a civil penalty of $1,000 for each day late.

What is the affidavit every buyer signs?

Section 692.204(6) requires every buyer of Florida real property, not only foreign buyers, to sign an affidavit under penalty of perjury at the time of purchase. The Florida Real Estate Commission’s Rule 61J2-10.200 sets one form for individuals and one for entities, and the entity form speaks for anyone holding a controlling interest. A missing affidavit does not affect title or title insurance, and the closing agent is exposed only with actual knowledge of a violation.

Who	Where it applies	Rule
Foreign principal of any of the seven countries	Within 10 miles of a military installation or critical infrastructure	No new acquisitions, except one residence of up to 2 acres bought by a qualifying individual, not an entity
Person domiciled in China, or Chinese entity	Anywhere in Florida	No new acquisitions, except one residence of up to 2 acres bought by a qualifying individual, not an entity
Any foreign principal	Agricultural land	No new acquisitions
Every buyer	Every Florida purchase	Signs the affidavit at closing

Source: Florida Statutes sections 692.201 to 692.204 (2026 statutes) and Florida Administrative Code Rule 61J2-10.200 (effective January 17, 2024), as of October 2026. Retrieved October 2026.

Is Florida’s Foreign Ownership Law Still Being Challenged in Court?

Yes, as of October 2026. Shen v. Simpson ended with a voluntary dismissal on December 30, 2025, a separate Fair Housing Act challenge was pending in federal court in Miami, and sections 692.201 to 692.205 remain in force.

In Shen v. Simpson, case 4:23-cv-00208 in the Northern District of Florida, the court denied a preliminary injunction. On November 4, 2025 a divided Eleventh Circuit panel, case 23-12737, affirmed as to the registration and affidavit requirements and held that no plaintiff had standing to challenge the purchase restriction. The plaintiffs then dismissed the case.

In Housing Opportunities Project for Excellence, Inc. v. Secretary of Commerce, case 1:24-cv-21749 in the US District Court for the Southern District of Florida, the plaintiffs claim that sections 692.201 to 692.204, other than the agricultural-land section, violate the Fair Housing Act. On September 18, 2026, the magistrate judge issued a report recommending that the court grant the State’s motion to dismiss, finding that no plaintiff had alleged an injury sufficient for standing. Objections were filed October 2, 2026, and as of the docket’s latest entry, October 27, 2026, the docket showed no ruling by the district judge on the recommendation.

Who Withholds FIRPTA Tax When You Buy From a Foreign Seller?

You do. When the seller is a foreign person, the buyer is in most cases the withholding agent and must withhold 15 percent of the amount realized and send it to the IRS. A buyer who fails to withhold can be held liable for the tax.

FIRPTA, the Foreign Investment in Real Property Tax Act, taxes foreign sellers, and section 1445 of the Internal Revenue Code collects it through the buyer’s withholding, reported on Forms 8288 and 8288-A. The amount realized is essentially the price, including any debt the buyer assumes. The closing agent commonly remits it from the seller’s proceeds, but the legal duty is the buyer’s.

Price (amount realized)	Buyer’s planned use	Withholding
$300,000 or less	Residence of an individual buyer	None
Over $300,000, up to $1,000,000	Buyer’s residence	10%
Over $1,000,000	Any use	15%
Any price	Not the buyer’s residence	15%

Source: IRS, FIRPTA Withholding and Exceptions from FIRPTA Withholding (pages reviewed July 2026), and IRS Publication 515 (2026). Retrieved October 2026.

Residence has a specific meaning. The buyer, or a relative the IRS counts (spouse, siblings, ancestors, lineal descendants), must have definite plans to live there for at least half of the days anyone uses it in each of the first two 12-month periods after closing, not counting vacant days. A buyer who claims it and then does not live there can be liable for the tax.

Hypothetical: you buy a Coral Gables house for $2,000,000 from a foreign seller with no withholding certificate. At closing, $300,000 is withheld and remitted to the IRS. A foreign seller can apply on Form 8288-B for a withholding certificate, for example when the withholding would exceed the tax actually due.

When you later sell, the same rule applies to you. Our guide to selling a luxury home in Miami covers the rest of the sale.

How Is a Miami Home Taxed When It Is Not Your Homestead?

As non-homestead property. Annual assessment increases are capped at 10 percent for non-school levies, the school levies follow full just value, and a change of ownership resets the assessment.

The Miami-Dade County Property Appraiser requires, for homestead, title and permanent residence on the property as of January 1, and that the owner be a US citizen or permanent US resident and a Florida resident as of January 1, with applications due March 1. A buyer who lives abroad does not meet that test. If you will move here permanently, our relocation and tax guide covers homestead.

Article VII, Section 4(g) and (h) of the Florida Constitution limit the annual increase in a non-homestead assessment to 10 percent of the prior year’s, for all levies other than school district levies, and no assessment may exceed just value. After a change of ownership or control, including a change of ownership of an entity that owns the property, the property is reassessed at just value on the next assessment date. Hypothetical: a house assessed at $2,000,000 for non-school levies cannot be assessed above $2,200,000 for those levies the next year, however far the market rose.

Amendment 3 (HJR 1F), on the November 3, 2026 general election ballot, proposed lowering the non-homestead assessment cap from 10 to 5 percent from January 1, 2027. It needed at least 60 percent of the electors voting on the measure under Article XI, Section 5(e); check the certified result with the Florida Division of Elections before relying on the 10 percent figure.

How Is Rental Income Taxed for a Nonresident Owner?

One of two ways, and the owner chooses. By default, a nonresident alien’s US rent is taxed at 30 percent of gross rent, or a lower treaty rate, generally through withholding. Or the owner elects to treat it as effectively connected income, deducts rental expenses and pays tax on the net at graduated rates.

IRS Publication 519 (2025) explains that the election, under section 871(d) or a treaty, is made by a statement attached to Form 1040-NR and stays in effect until revoked. A valid Form W-8ECI given to the tenant or manager generally takes that income out of the 30 percent withholding.

What taxes apply to short-term rentals in Miami-Dade?

Rentals of six months or less carry sales tax and transient rental taxes in addition to income tax. In most of Miami-Dade the combined rate is 13 percent: the 6 percent state sales tax, the county’s 1 percent surtax, and 6 percent in county transient rental taxes.

Location in Miami-Dade	Combined rate	Local tax inside it
Miami-Dade County, outside the named exceptions	13%	6% county transient rental taxes
Surfside and Bal Harbour	11%	4% municipal resort tax
Miami Beach	14%	3% convention development tax and 4% resort tax

Source: Florida Department of Revenue, History of Local Sales Tax and Current Rates (last updated February 1, 2026) and Form DR-15TDT (revised October 2026); Miami-Dade County, Tourist and Restaurant Taxes. Rates apply to rentals of six months or less and include the 6% state tax and 1% county surtax. Coral Gables does not permit stays under six months in single- or multifamily residential zones (city notice, August 12, 2026). Retrieved October 2026.

Miami-Dade’s 6 percent is a 3 percent Convention Development Tax, a 2 percent Tourist Development Tax and a 1 percent Professional Sports Facilities Franchise Tax, and a bona fide written lease longer than six months is exempt. The county’s Department of Regulatory and Economic Resources collects them, and the county lists a Florida sales tax registration, a Florida Department of Business and Professional Regulation license and, for a private residence, a Certificate of Use from the county or the city before renting. Hypothetical: a $10,000 rental of six months or less, where the 13 percent rate applies, carries $1,300 in these taxes. The City of Coral Gables states that, except designated historic bed-and-breakfast establishments, stays of less than six months are not permitted in areas zoned for single- or multifamily residential use (notice of August 12, 2026). Read the association and city rental rules before you buy to rent; our guide to buying a Miami condo after Surfside covers the documents a condo buyer receives.

Does a Nonresident Owe US Estate Tax on a Miami Home?

It can. A Miami home is US-situated property, and for a person neither a US citizen nor domiciled in the United States at death, the IRS filing threshold is $60,000 of US-situated assets plus adjusted taxable gifts, not indexed for inflation.

The IRS lists the basic exclusion for US citizens and residents at $15,000,000 for 2026. A nonresident’s executor files Form 706-NA within 9 months of death unless extended. Some estate tax treaties change the result, and the IRS notes that how an interest was acquired and is held under state law determines what is included.

Should You Buy in Your Own Name, an LLC, a Corporation or a Trust?

There is no default answer. Each structure changes who signs the Florida affidavit, what federal reporting applies, how reassessment works and what your heirs face. Decide it with your advisors before the contract, because retitling later can itself be a change of ownership.

Structure	What it changes	What to ask your advisor
Your own name	You sign the individual affidavit; the home is in your US estate	Treaty position and rental tax
Florida LLC	Entity affidavit covers controlling interests; US companies are exempt from beneficial ownership reports	Whether a membership change resets the assessment
Foreign corporation	Some foreign companies registered to do business in the US still file beneficial ownership reports	Tax on a sale or distribution, including 21% withholding on distributed gain
Trust	With a foreign grantor, FIRPTA applies to the grantor’s share on a sale	Who is grantor and who controls the trust

Source: Florida Administrative Code Rule 61J2-10.200; Florida Constitution Article VII, Section 4(g)(3); FinCEN, Beneficial Ownership Information (alert updated August 11, 2026); IRS, FIRPTA Withholding (reviewed July 2026). Retrieved October 2026.

What happened to FinCEN’s real estate reporting rule?

FinCEN’s Residential Real Estate Rule would have required reports on many non-financed transfers of residential property to entities and trusts, meaning purchases without a loan from a regulated lender. FinCEN postponed its start to March 1, 2026, and on March 19, 2026 the US District Court for the Eastern District of Texas vacated it; FinCEN and the Department of Justice have appealed. As of October 2026, FinCEN states that no Real Estate Report is required while that order stands, and none will be required later for transfers made in the meantime.

Do you need an ITIN?

Usually. A nonresident who must file a US return, for rent or a sale, and is not eligible for a Social Security number applies for an Individual Taxpayer Identification Number on IRS Form W-7. It serves federal tax purposes only and provides no immigration status.

Can a Foreign National Get a Mortgage in Miami?

Yes, from lenders with foreign national programs. Under its Selling Guide, section B2-2-02 (guide published October 7, 2026), Fannie Mae buys loans to non-US citizens who are lawful permanent or non-permanent residents of the United States, with the lender representing that the borrower is legally present. That section covers borrowers who reside in the United States. A buyer without US residence should ask lenders whether they offer a foreign national program.

No regulator publishes a standard down payment for them; ask each lender for written terms, including whether it accepts online notarization or a power of attorney at closing.

Does Buying Property in Miami Give You a US Visa or Residency?

No. Buying a home does not by itself confer any immigration status. USCIS states that an EB-5 investment must be in a new commercial enterprise, a definition that excludes owning and operating a personal residence.

For EB-5 petitions filed on or after March 15, 2022, USCIS sets the minimum at $1,050,000, or $800,000 in a targeted employment area or infrastructure project, creating at least 10 full-time positions. The first inflation adjustment applies to petitions filed on or after January 1, 2027.

How Do You Close on a Miami Property From Abroad?

Remotely, if you plan it, and the wire needs the most care. If the community has its own approval process, build it into the timeline; our guide to Miami’s guard-gated waterfront communities explains why that step has its own calendar.

Under section 117.265, a Florida online notary physically in Florida may notarize for a principal outside Florida over recorded audio-video, after verifying identity and confirming the principal wants a Florida notarial act. Section 695.03(3) accepts an acknowledgment taken abroad before a foreign notary with an official seal, a civil-law notary or a US consular officer. An apostille, the single certificate under the 1961 Hague Apostille Convention among its 130 contracting parties, is a separate step; ask the title agent and any lender whether they want one. A Florida power of attorney needs the principal’s signature, two subscribing witnesses and an acknowledgment under section 709.2105.

The FBI’s Internet Crime Complaint Center reported in June 2023 a 27 percent increase from 2020 to 2022 in victim reports of business email compromise tied to real estate, where an intruder in a participant’s email sends changed payment instructions.

Frequently Asked Questions About Buying Miami Real Estate as a Foreign Buyer