Les étrangers peuvent-ils acheter des biens immobiliers aux États-Unis ?

1. Un étranger peut-il acheter une maison aux États-Unis ?

Yes. The US federal government has no restrictions on foreign investment in US real estate, so it is pretty much a level playing field for US citizens, US resident aliens, and foreign nationals. Foreign purchases amounted to less than 2% of total sales and dollar volume, however, certain states attract more interest than others. To learn more about the buying process read our home buying guide and foreign buyer guide.

2. Quelles sont les principales règles applicables aux étrangers qui achètent une propriété aux États-Unis ?

Financing is readily available to foreign buyers when buying a property in the U.S. , but they often face challenges due to the absence of a U.S. credit history. Most large banks won’t lend to foreigners unless they have a work visa, however, some international banks, like HSBC, will loan to foreigners regardless of residency status. Private banks, such as JP Morgan and Citi Private will also make loans to non-us residents. A foreign national mortgage loan usually will require a larger down payment than a mortgage from a local resident.

Foreign buyers must properly structure their real estate investments to avoid or hedge against the estate tax. The tax implications of choosing the wrong structure can cost the buyer in the long run if not dealt with upfront.

The foreign investment in real property tax act FIRPTA requires the government withhold a percentage of the proceeds to cover potential capital gains tax that might be due. The withholding rate is equal to 15% of the proceeds. The amount withheld is returned by the Internal Revenue Service to the seller once they prepare their tax filing and pay their tax bill. Hiring a knowledgeable real estate agent can help navigate these rules and regulations effectively.

View our blog ‘Four Rules for Foreigners Buying Property in USA" below!

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3. Les acheteurs étrangers doivent-ils payer des droits de timbre supplémentaires ?

No. There are no extra stamp duties imposed on foreign buyers in the US, unlike Hong Kong, Singapore, London, Vancouver, Toronto, Sydney, Melbourne, and Spain, which all add between 7% - 100% additional tax on foreign buyers. The United States does not penalize foreigners when buying US property.

In general, combined transfer taxes (i.e mansion tax, title insurance, attorney fees, title transfers, and other closing costs) in Miami and Manhattan real estate, generally, run between 1.5 - 4.5% depending upon the purchase price. An additional 2.2% of the mortgage amount for mortgage recording tax should be added if obtaining a mortgage. When purchasing a new development, it is practice for the buyer to pay the developer’s transfer taxes of approximately 2%. Accordingly, total closing costs in the United States will range from 1.5% to 6%.

4. Dois-je payer une commission de courtage lors de l'achat d'un bien immobilier ?

Maybe. While Commissions used to always be paid by the seller, in 2025, the rules have changed and now the buyer may be required to pay the commission if the seller is not offering to pay the commission. So far, most sellers in NYC and Miami have found it beneficial to offer to pay the broker commission. It is best to work with experienced real estate agents who have worked with foreign buyers in the US property market before on your side in the transaction. A knowledgeable real estate agent can assist in navigating the complexities of real estate transactions, negotiate offers, and provide valuable insights into market trends and legal requirements.

It is also best to have a real estate attorney who has worked on international transactions in the past. In addition, a tax professional will be useful. We can recommend these professionals who we have been working with for year.

To learn more, check out 'The Foreign Buyer's Checklist For Purchasing Manhattan Real Estate':

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5. Can a foreigner buy a house in USA with a mortgage?

Mortgage loans for foreign nationals are readily available. For instance, HSBC, Wells Fargo and many private banks will act as mortgage lenders to foreigners by offering foreign national loans. Below are highlights of HSBC’s terms for foreigners national mortgage:

• 30% Minimum down payment

• $3 million maximum mortgage amount, which translates to a property value of $4.3 million

• $50,000 or $100,000 on deposit from HSBC

• 12 months reserves (mortgage payment, common charge, and taxes) are required to be on deposit (in addition to the funds on deposit)

A knowledgeable real estate agent can assist in securing a mortgage and navigating the financing process. A local bank won't lend to foreigners as they have no US credit report, however, HSBC is skilled at reviewing foreign financial records and will ultimately provide mortgage approval to non us citizens even if they don't have US permanent residency.

These mortgage loans can be for residential property used as a second home or an investment property. Generally, if the apartment will be used as an investment property, the mortgage interest rate will be a bit higher.

Les taux d'intérêt varient quotidiennement, contactez-nous pour connaître les taux les plus récents.

6. En quoi les étrangers sont-ils traités différemment des résidents américains lorsqu'ils achètent un logement ?

United States tax policy is generally favorable to both foreign investors in US real estate and residents alike when it comes to property ownership. Therefore, there are a few specific rules for foreigners buying property in the USA. Some differences include buying in co-ops, which prefer buyers of a primary residence. Also, a bank’s underwriter will treat the foreign buyer as a bit riskier and charge an extra 1/2 point in the interest rate, but these are not government regulations. A knowledgeable real estate agent can help foreign buyers understand these differences and navigate the buying process.

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7. Do I need multiple real estate agents to find a property?

In the US, it is wisest to work with one professional real estate broker during your search, especially for foreign buyers in the US property market. Unlike London, Paris and Brazil, the US property market is very transparent. To encourage velocity in the real estate market, The Real Estate Board of New York and Florida Department of State, for example, require brokerages to share their exclusive property listings within 24 hours, so a good buyer’s broker can get you in to see any apartment on the market. Committing to one broker will ensure that you get the highest service level from that broker, as all the broker’s attention will be on you and your search. Hiring a knowledgeable real estate agent is crucial, especially for foreign buyers, to navigate the complexities of real estate transactions and provide valuable insights into market trends and legal requirements.

8. Quels types de biens immobiliers puis-je acheter en tant qu'étranger ?

Foreign investments in US real estate are generally restricted to purchasing condos, condops, single family homes, and multi family homes. In Manhattan, generally, Foreign buyers are restricted from buying condominiums and single or multi-family homes. Co-ops prefer primary homeowners and generally prohibit foreign ownership unless the majority of the buyer’s assets and primary source of income are in the US. Learn about the difference between condo and coop. A knowledgeable real estate agent can help find suitable properties foreigners are looking for, whether that is a vacation property or an investment property.

Want tips on investing in Miami Real Estate?

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9. Comment dois-je structurer l'achat du bien pour minimiser les impôts ?

Deals can be structured an infinite number of ways, however, the tax treatment of the purchase and sale can be quite different based on how the structure is set up, especially in the context of foreign investment in US real estate. There are two ways in particular that our investors will choose to avoid the estate tax one must consider how the estate tax may affect the owner as well as whether there is any tax treaty between the US and their home country that might treat income, expenses and capital gains differently than the United States. Generally, we suggest obtaining advice on structuring the deal

• Tenir compte des questions fiscales fédérales et nationales, ainsi que de l'impact des conventions fiscales.

• Faire appel à un conseiller local aux États-Unis pour la structuration (LLC, Foreign Corp, etc.) et les conseils fiscaux.

• Consultez toujours votre avocat avant de signer un contrat

• Learn more about the Cost Components of a Real Estate Investment 

A knowledgeable real estate agent can provide guidance on structuring property purchases to minimize taxes.

10. Dois-je me préoccuper de l'impôt sur le revenu ?

Generally, a buyer who purchases a property to generate income, including foreign investment in US real estate, will be able to offset such rental income by cash expenses, like property taxes, maintenance, mortgage interest and non-cash expenses, like depreciation. Accordingly, early years will create paper losses, which can be carried forward 15 years. Therefore, owners won’t pay tax on rental income until the losses are used up, typically around 12 years.

Foreigners are allowed to purchase property in the United States without needing a Taxpayer Identification Number (TIN). However, obtaining a TIN is crucial in specific circumstances, especially regarding tax responsibilities. For example, if you intend to rent out the property or sell it later, a TIN is required for reporting rental income, paying related taxes, and adhering to the Foreign Investment in Real Property Tax Act (FIRPTA) regulations. A knowledgeable real estate agent can help foreign buyers understand their tax responsibilities and ensure compliance.

Individuals not eligible for a Social Security Number (SSN) can apply for an Individual Taxpayer Identification Number (ITIN) using Form W-7. This process involves providing documentation to verify your foreign status and identity.

11. For foreigners selling property in USA, what issues should I be aware of?

When selling a property as foreign investors in US real estate, the two main costs are:

a) transfer taxes of approximately 2% and b) broker sales commission of 5% to 6%.

In addition, there are taxes to consider, capital gains tax and estate tax. With proper planning, the estate tax can be avoided or hedged against. Capital Gains tax in the US for non-residents is the same as it is for residents if purchasing in the name of an LLC or individual. The maximum federal rate is 28%.

• Impôt américain sur les successions pour les étrangers

• US capital gains tax on real estate for foreigners

A knowledgeable real estate agent can assist foreign sellers with the selling process and ensure a smooth transaction.

12. What about conducting due diligence and closing the deal?

Conducting due diligence is a critical step in the home-buying process, especially for foreign investment in US real estate. A good attorney will provide the legal services required to perform complete due diligence. It involves a thorough examination of the property’s condition, title, and any potential issues that could affect its value or ownership. Here are some key aspects to consider:

• Property Inspection: Hire a professional inspector to examine the property’s condition, including its foundation, roof, plumbing, electrical systems, and any signs of damage or needed repairs. This step ensures that you are aware of any potential issues before finalizing the purchase.

• Title Search: Conduct a thorough title search to ensure the seller has clear ownership of the property and there are no outstanding liens or disputes. This helps prevent any legal complications that could arise from unclear property ownership.

• Review of Property Records: Review the property’s records, including its deed, title report, and any outstanding mortgages or liens. This provides a comprehensive understanding of the property’s legal and financial status.

• Environmental Concerns: Check for any environmental concerns, such as nearby industrial sites, flood zones, or other potential hazards. This ensures that the property is safe and suitable for your intended use.

Once due diligence is complete, it’s time to close the deal. This involves:

• Signing the Purchase Agreement: Sign the purchase agreement, which outlines the terms of the sale, including the price, closing date, and any contingencies. This legally binds both parties to the agreed terms.

• Finalizing Financing: Finalize your financing arrangements, including securing a mortgage and completing any necessary paperwork. Ensure that all financial aspects are in order before proceeding to the closing.

• Closing: Attend the closing meeting, where the property is transferred to your ownership, and complete any remaining paperwork. This is the final step in the buying process, where you officially become the property owner.

13. What are the requirements for insurance and utilities?

As a foreign buyer, it’s essential to consider foreign investment in US real estate, insurance, utilities, and estate planning when purchasing property in the US.

• Insurance: Obtain insurance to protect your property against damage, loss, or liability. This may include homeowners insurance, title insurance, and liability insurance. These policies provide financial protection and peace of mind in case of unforeseen events.

• Utilities: Set up utilities in your name, including electricity, gas, water, and internet services. Ensure that all necessary services are activated and transferred to your name to avoid any disruptions.

We receive many questions about New York Real Estate.  Are you interested in getting your questions answered? We address them in ‘Answers to FAQ’s by Foreigners Interested in Buying and Selling NY Real Estate’:

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14. What about Estate Planning and Taxes?

• Estate Planning: As I mentioned above, structuring the deal is very important for estate planning. This will ensure your property is distributed according to your wishes in the event of your passing as well as limit taxation of the transaction. This may include creating a will, establishing a trust, setting up a power of attorney, or setting up an LLC and Foreign Corporation. Proper estate planning helps manage your assets and provides clear instructions for their distribution.

Experienced real estate agents and attorneys can guide you through these processes and ensure a smooth transaction.

Tax Implications: As a foreign buyer, it’s essential to understand the tax implications of owning property in the US. This may include:

• Capital Gains Tax: Paying capital gains tax on any profits from selling the property. Understanding the rates and regulations can help you plan your investment strategy.

• Income Tax: Paying income tax on any rental income generated by the property. Properly reporting rental income and expenses is crucial to comply with US tax laws.

• Property Tax: Paying property taxes on the property’s value. These taxes are typically assessed annually and vary by location.

Consult with a tax professional to ensure you understand your tax obligations and any potential tax implications.

Foreign Ownership: As a foreign buyer, it’s essential to understand the rules and regulations surrounding foreign ownership of property in the US. This may include:

• FIRPTA: Understanding the Foreign Investment in Real Property Tax Act (FIRPTA) and its implications for foreign buyers. FIRPTA requires foreign sellers to pay a withholding tax on the sale of US real estate.

• Tax Treaties: Understanding any tax treaties between the US and your home country that may affect your tax obligations. These treaties can provide benefits such as reduced tax rates or exemptions.

Consult with a real estate attorney or tax professional to ensure you understand the rules and regulations surrounding foreign ownership of property in the US. This will help you navigate the complexities of the US property market and make informed decisions.

15. Conclusion: Successfully Buying Property in the US as a Foreign Buyer

Buying property in the US as a foreign buyer can be a complex and challenging process, but with the right guidance and advice, it can also be a successful and rewarding experience. By understanding the eligibility and requirements, navigating the complexities of foreign property ownership, securing financing, and working with an experienced real estate agent, foreign buyers can achieve their goal of owning property in the US. Whether you’re a foreign investor looking to diversify your portfolio or a foreign buyer looking to purchase a vacation home, the US property market offers a wide range of opportunities. With the right expertise and guidance, you can successfully navigate the process and achieve your goals.