Let's skip the part everyone already knows — yes, you can buy property in Miami as a foreigner, with no visa, green card, or U.S. residency required. That's never been the real question. The real questions, the ones my international clients actually call me about, are the ones that decide whether the deal is smooth and tax-smart or a mess you clean up for years: How do I finance it without U.S. credit? Whose name — or what entity — should be on title? What will the IRS want when I sell? And can I do all of this without flying in? Here's how I walk clients through each one.
Financing without a U.S. credit score
You don't need an SSN or a U.S. credit history to borrow here — you need the right foreign national mortgage, and knowing the two lanes it comes in saves you weeks:
The personal-income lane: roughly 30%–40% down, qualified on your income abroad — a couple of years of bank statements, a CPA or employer letter, and often an international credit report or two bank reference letters in place of a U.S. score.
The DSCR lane (for investors): the loan is underwritten on the property's projected rental income, not your personal tax returns. If you earn abroad and don't want to document global income, this is usually the cleaner path — expect a slightly higher rate and 25%–40% down.
Plenty of my buyers still pay cash for speed and negotiating leverage — but even cash buyers should think about financing later via a delayed-financing or cash-out refinance, so capital isn't stranded in the walls. The mistake I see is buyers assuming "no U.S. credit" means "cash only." It doesn't.
Whose name goes on title — you, or an LLC?
This is the decision people skip and regret. Holding property personally is simplest and cheapest, but for many international buyers a U.S. LLC (sometimes owned by a foreign corporation, depending on your home country) does real work: privacy on public records, liability separation, and — the big one — estate-tax exposure. A foreign individual who owns U.S. real estate directly can face U.S. estate tax above a surprisingly low threshold; the right structure is often what protects your family from that. The correct answer depends on your country, your goals, and whether it's a home or a rental — so this is a conversation with a cross-border attorney and CPA before you write an offer, not after.
💡 How I run it: I get the lender, the cross-border attorney, and the tax advisor in the room before we make an offer, so the financing and the ownership structure are decided together. The buyers who set the structure up front are the ones who never have an unpleasant surprise at closing — or years later at sale.
FIRPTA: plan for the exit on the day you buy
When a foreign owner sells U.S. property, federal law (FIRPTA) generally requires 15% of the gross sale price to be withheld at closing and sent to the IRS — not 15% of your profit, 15% of the whole price. It's creditable against what you actually owe and often largely refundable, but it can tie up serious cash for months. Two things worth knowing early: a withholding certificate (Form 8288-B) can reduce the amount held when your real gain is small, and how you held title changes how FIRPTA applies. This is exactly why I bring it up at purchase — your exit tax is shaped by choices you make going in.
The one restriction to check first: SB 264
Florida's Senate Bill 264 (effective July 2023) restricts certain property purchases by nationals of specific "countries of concern," with tighter rules near military installations and critical infrastructure. It has been through ongoing legal challenges and interpretation, so if you hold that nationality, treat it as a talk-to-a-real-estate-attorney-first item. I'll point you to qualified counsel early — it's far cheaper to confirm before you fall in love with a unit than after.
The visa question — and the honest answer
This one comes up on almost every call, so let me be direct: buying property in the United States does not give you any immigration status. Not a visa, not a green card, not extra days. There is no American "golden visa" you can buy a condo into — a $5M penthouse on Fisher Island buys you a penthouse, and that's all. Anyone telling you otherwise is selling something. What does exist is worth understanding, because a few of my clients structure their U.S. plans around it:
E-2 (treaty investor) — real estate usually doesn't count
The E-2 is available to nationals of treaty countries who invest a substantial amount in an active U.S. business. That word "active" is where nearly every real estate hopeful fails: buying a condo and collecting rent is a passive investment, and the Foreign Affairs Manual is explicit that passive investments don't qualify — no matter how big the check. A real operating company can qualify (a property management or brokerage business with staff, clients, and services, for instance), but the visa comes from the enterprise, not from the bricks. Also note: Brazil is not an E-2 treaty country — something I have to tell my Brazilian clients more often than I'd like.
EB-5 — the real investor green card, and a 2027 clock
EB-5 is the genuine "invest and get residency" route: $1,050,000 for a standard project, or $800,000 if you invest in a qualifying Targeted Employment Area — rural, high-unemployment, or infrastructure. Those TEA lanes also get reserved visas (20% rural, 10% high-unemployment, 2% infrastructure), which matters a lot when there's a backlog. Again, though: this is capital placed at risk in a job-creating project, not your own apartment. Buying yourself a Brickell unit is not an EB-5 investment.
The timing note I'd want you to hear: under the 2022 reform act, these thresholds adjust for inflation on January 1, 2027 — the first adjustment since the law passed. If EB-5 is on your list, the current numbers have a shelf life, and it's worth talking to an immigration attorney this year rather than next.
The "Gold Card" — real, but not yet a plan
You've probably seen the headlines. The Gold Card is currently operating by executive order, with a $1 million contribution (plus a $15,000 processing fee), and a proposed "Platinum" tier at $5 million that would allow up to 270 days a year in the U.S. without triggering U.S. tax residency — that tier still needs Congress. As of the Commerce Secretary's April 2026 testimony, exactly one card had actually been granted, out of 338 applicants. I'm watching it closely, but I would not build a Miami purchase timeline around it today.
The trap that actually costs my clients money: the day count
Here's the part almost nobody warns you about. You buy the place, you start spending winters here, and somewhere around the third year you quietly become a U.S. tax resident — taxed on your worldwide income. It's not a simple 183-day rule; it's a weighted three-year formula: all your days this year, ⅓ of last year's, and ⅙ of the year before. Cross 183 on that math (with at least 31 days this year) and the IRS considers you a resident. There's a relief valve — the closer connection exception, Form 8840 — but it only works if you were here under 183 actual days this year and kept a genuine tax home abroad, and you have to file for it.
💡 What I tell every international buyer: before you close, decide how many nights a year you actually intend to be in that unit — and have your CPA run the three-year count. A Miami home is a wonderful thing to own; an accidental U.S. tax residency is not. This is the single most expensive thing my clients almost stumble into, and it's completely avoidable with a calendar.
I'm a real estate broker, not an immigration attorney — the rules above move, sometimes fast. I'll happily connect you with the cross-border immigration and tax counsel I trust before you make any decision that depends on them.
Buying — and closing — from another country
Set the goal & the structure — home, rental, or both; personal vs. entity; lender pre-approval or proof of funds.
Tour by video — I walk you through curated options live, so distance is never the bottleneck.
Offer & sign digitally — the contract and disclosures are handled electronically.
Open escrow & wire funds — with your attorney's wiring controls in place (fraud is the real risk here, not the paperwork).
Close remotely — usually by power of attorney or remote online notarization; most of my international buyers never board a plane to sign.
Already own here — and thinking about selling?
If you're a foreign owner on the other side of this — holding a Miami property and wondering when to sell — the same FIRPTA and structuring questions decide how much you actually walk away with, and timing against the current market matters just as much. That's a conversation worth having before you list, not during.
Buying — or selling — Miami from abroad? I make it simple, safe, and tax-smart for international clients, from the first video tour to a clean closing (and a clean exit).
👉 Message me on WhatsApp | 🌎 Ask for my international buyer's roadmap | 🏷️ Own here already? Ask what your property would sell for today | ✉️ silvana@carvalhoresidences.com
Frequently Asked Questions
How much down payment does a foreign national need in Miami?
Typically 30%–40% on income-based foreign national loans, and roughly 25%–40% on DSCR (rental-income) loans for investors. No U.S. credit score is required — international credit references or bank letters are commonly accepted.
Should I buy in my own name or through an LLC?
It depends on your country, goals, and whether it's a home or rental. An LLC can add privacy, liability separation, and — importantly — help manage U.S. estate-tax exposure that foreign individuals face when owning U.S. property directly. Decide it with a cross-border attorney and CPA before making an offer.
How does FIRPTA work when I sell?
FIRPTA generally withholds 15% of the gross sale price at closing toward U.S. taxes when a foreign owner sells. It's creditable and often partly refundable, and a withholding certificate can reduce it when your gain is small — but plan for it at purchase, because how you hold title affects it.
Does SB 264 affect me?
Only if you're a national of one of the specified "countries of concern," where restrictions apply — especially near military and critical infrastructure. The law has faced legal challenges, so confirm with a Florida real estate attorney before buying.
Does buying property in Miami get me a visa or green card?
No. A U.S. property purchase confers no immigration status of any kind — there is no American "golden visa" tied to real estate. Investor routes do exist (EB-5, and E-2 for treaty nationals with an active business), but they require a qualifying job-creating or operating investment, not a home or a rental condo.
Can I get an E-2 visa by buying rental property?
Generally no. The E-2 requires a substantial investment in an active commercial enterprise; passively owning property and collecting rent doesn't qualify, regardless of the amount. An actual operating business — a property management company with staff and clients, for example — can qualify. Brazil is not an E-2 treaty country.
What is the EB-5 minimum investment in 2026?
$1,050,000 for a standard project, or $800,000 in a qualifying Targeted Employment Area (rural, high-unemployment, or infrastructure), which also carry reserved visa set-asides. Note that these amounts are scheduled to adjust for inflation on January 1, 2027. The capital must go into an at-risk, job-creating project — buying your own condo does not count.
Can owning a Miami home make me a U.S. tax resident?
Owning it doesn't — but spending time in it can. The IRS substantial presence test counts all your days this year, one-third of last year's, and one-sixth of the prior year's; cross 183 on that weighted formula (with at least 31 days this year) and you're taxed on worldwide income. The closer connection exception (Form 8840) can protect you if you were here under 183 actual days and kept a tax home abroad — but you must file for it. Plan your day count with a CPA before you close.
Can I finance later if I pay cash now?
Often yes — through delayed financing or a cash-out refinance — so you don't strand capital. It's worth modeling this before you buy so the cash purchase is a choice, not a trap.
This is general information, not legal or tax advice — laws change and individual situations vary, so always confirm with qualified cross-border professionals. If you're reading this later, reach out for the current rules. 🌎
