From ownership structures and financing to tax planning and market selection — a complete guide for global buyers investing in U.S. luxury property.
By Anthony Guerriero — Manhattan Miami Real Estate
The United States remains one of the most accessible and well-protected real estate markets in the world for international buyers. There are no restrictions on foreign ownership, no punitive buyer taxes, and no caps on investment. The legal framework is transparent, property rights are strong, and transaction data is publicly available.
This guide covers the full scope of what international buyers need to understand before purchasing luxury real estate in the United States — from the strategic reasons global investors choose the U.S. market to the practical details of ownership structures, financing, taxation, and closing. It draws on more than two decades of experience advising international clients at Manhattan Miami Real Estate, with a focus on the two markets where we operate: New York City and Miami.
Global capital flows to the United States for a combination of reasons that few other countries can match simultaneously:
For a detailed comparison of how the U.S. treats foreign buyers relative to other major economies, read our guide: Can Foreigners Buy Property in the USA?
While foreign nationals purchase real estate across the United States, two markets consistently dominate international luxury transactions: New York City and Miami. Market-specific considerations for each are covered in dedicated sections later in this guide.
Manhattan is the world's most recognized luxury real estate market. International buyers are drawn to its global prestige, cultural richness, and long-term value stability. The island's supply constraints — 23 square miles with limited new construction — create a natural scarcity that underpins pricing. Manhattan's luxury condominium market offers foreign buyers transparent ownership, strong resale liquidity, and access to some of the world's most coveted addresses, including Billionaires' Row.
Miami has emerged as a global real estate capital in its own right, attracting buyers from Latin America, Europe, and the Middle East. Florida's lack of state income tax, combined with a thriving pre-construction market and an expanding inventory of branded residences, makes Miami one of the most financially attractive luxury markets in the world.
For a detailed market guide, read our International Buyers Guide to Miami Real Estate.
Many international buyers evaluate both markets before committing — and some ultimately purchase in both. For a side-by-side comparison of taxes, investment profiles, rental flexibility, and lifestyle, read our dedicated guide: NYC vs Miami Real Estate for International Buyers.
How you hold title to a U.S. property has significant implications for tax liability, estate planning, and liability protection. International buyers typically choose one of the following structures:
The simplest approach. You purchase the property in your personal name. This is straightforward and common for buyers who plan to use the property as a personal residence. However, direct ownership exposes you to U.S. estate tax on assets above $60,000 — a far lower threshold than the $13+ million exemption available to U.S. citizens.
The most common structure for international investors. Purchasing through a single-member LLC provides liability protection and simplifies tax reporting. When properly structured, an LLC can also be used as part of a broader estate planning strategy to reduce or eliminate estate tax exposure.
Some international buyers hold U.S. real estate through a foreign corporation. This structure can eliminate U.S. estate tax exposure entirely, but it introduces other considerations — including the Branch Profits Tax and more complex filing requirements. Professional guidance is essential.
Foreign trusts and domestic trusts are used by some buyers for estate planning purposes. The tax treatment varies significantly depending on the type of trust, the grantor's residency, and the terms of the trust instrument.
Important: Entity structuring for international real estate purchases is a specialized area of law and tax. We strongly recommend engaging a U.S. tax attorney and CPA with experience in international transactions before finalizing your ownership structure.
While a significant portion of international luxury purchases are made in cash, mortgage financing is available to qualified foreign nationals. Several U.S. lenders specialize in foreign national loans, and some international banks with U.S. operations offer cross-border lending programs.
Typical terms for foreign national mortgages include:
If you maintain an existing banking relationship with a global institution — such as HSBC, Citibank, or Santander — that relationship may provide access to preferential lending terms or cross-collateralization options.
This distinction is primarily relevant to the New York City market, where co-operatives represent roughly 70% of the residential housing stock.
Condominiums are real property. You receive a deed, and your ownership is recorded publicly. Most condo buildings allow rentals and resales with minimal board interference. For international buyers, condos provide the most transparent and flexible ownership experience. Note that most resale condo buildings in New York still require a financial board package, though the board typically has only a right of first refusal rather than the authority to reject a qualified buyer without cause.
Co-operatives are not real property — you purchase shares in a corporation that owns the building. Co-op boards have broad authority to approve or reject buyers, and the approval process typically includes extensive financial disclosure, reference letters, financing limitations, and a personal board interview that can be difficult to attend from overseas. Many co-ops restrict or prohibit subletting.
Our recommendation: International buyers should focus on condominiums. The co-op purchase process presents unnecessary complexity and risk for foreign nationals, and the restrictions on renting and resale significantly limit flexibility and liquidity.
In Miami, virtually all residential properties are condominiums, so this distinction does not apply.
New development condominiums are particularly popular with international buyers in both New York and Miami. In most new developments, the purchase is made directly from the developer — which eliminates the board approval process entirely.
Advantages of new development purchases include:
Browse current opportunities: New Development Condos in Manhattan | Miami Pre-Construction
Taxation is one of the most important — and most complex — aspects of international real estate investment in the United States. The following is a high-level overview. All international buyers should engage qualified U.S. tax counsel before purchasing.
Foreign nationals who earn rental income from U.S. real property are subject to federal income tax. If you elect to treat the income as "effectively connected" with a U.S. trade or business (which most investors do), you file a U.S. tax return and pay tax on net income after deductions — the same treatment available to U.S. taxpayers.
State-level taxation varies significantly. New York imposes state income tax (up to 10.9%) and New York City income tax (up to 3.876%) on income earned within the state. Florida, by contrast, has no state income tax — one of the primary reasons Miami has become so attractive to international investors.
When a foreign seller disposes of U.S. real property, the buyer is required to withhold 15% of the gross sale price and remit it to the IRS. This withholding functions as a prepayment of the seller's capital gains tax liability. Any overpayment is refundable when the seller files a U.S. tax return.
Foreign nationals who hold U.S. real property directly at the time of death may be subject to U.S. estate tax on assets exceeding $60,000. The estate tax rate can reach 40%. This low exemption threshold — compared to $13+ million for U.S. citizens — makes entity structuring essential for most international buyers. Purchasing through a properly structured foreign corporation or trust can mitigate or eliminate this exposure.
Foreign sellers pay federal capital gains tax on any profit from the sale of U.S. real property, plus applicable state and local taxes. The federal rate depends on the holding period and the seller's tax bracket. In New York, state and city capital gains taxes apply on top of the federal rate. In Florida, there is no state-level capital gains tax.
New York City is the world's most established market for international luxury real estate, but it is also the most procedurally demanding. Foreign buyers purchasing in Manhattan should plan for a distinct set of taxes, closing costs, and structural realities that do not apply in most other U.S. markets.
New York imposes a progressive Mansion Tax on residential purchases of $1 million or more, payable by the buyer at closing. The rate begins at 1% and scales to 3.9% for purchases above $25 million. On a $5 million condominium, the Mansion Tax alone is $162,500. Buyers should also plan for title insurance, attorney fees, and recording charges, which together typically total 2%–4% of the purchase price for a condo — more if the purchase is financed. At the sale side, New York State and New York City transfer taxes apply to the seller.
Even in condominium buildings, most Manhattan resale transactions require submission of a detailed board package — financial disclosure, reference letters, and building-specific paperwork. The condo board generally cannot reject a qualified buyer, but it can exercise a right of first refusal to purchase the unit on the same terms. New development condos, by contrast, involve no board approval, making them the simplest path for international buyers. Co-ops, which represent roughly 70% of Manhattan's housing stock, are generally not suitable for foreign purchasers due to in-person interviews, subletting restrictions, and discretionary rejection authority.
Financing is available to international buyers in New York City, particularly for condominium purchases. The primary constraint is not lender availability, but asset eligibility.
Co-operative buildings (co-ops), which represent a significant portion of the Manhattan housing stock, often impose restrictions on foreign ownership, financing, or both. As a result, many international buyers focus on condominiums, where financing options are accessible through private banks and specialized lenders.
At the high end of the market, transactions are frequently all-cash or structured through existing banking relationships — not due to a lack of financing availability, but due to speed, competitiveness, and board-related considerations.
One of the most important factors for international buyers in New York City is the distinction between co-operative apartments (co-ops) and condominiums. While both are common in Manhattan, they operate under fundamentally different ownership and approval structures — and this directly impacts who can purchase and how transactions are completed.
Condominiums are real property. Buyers receive a deed and have broad flexibility in terms of ownership structure, financing, and future resale. As a result, condos are the primary vehicle for international buyers, particularly those purchasing through LLCs, trusts, or cross-border income profiles.
Co-operatives, by contrast, represent shares in a corporation rather than direct real estate ownership. Purchases require approval from a co-op board, which has broad discretion to evaluate a buyer's financial profile, liquidity, and source of income. Many co-ops restrict or outright prohibit foreign ownership, LLC purchases, or non-traditional income documentation.
For this reason, international buyers typically focus on condominiums in New York City, where both ownership and financing are more predictable. Co-ops may offer attractive pricing relative to comparable condos, but they introduce an additional layer of approval risk that is often incompatible with international capital.
| Factor | Condominium | Co-operative |
|---|---|---|
| Ownership | Direct real estate ownership (deeded) | Shares in a corporation |
| Foreign Buyer Eligibility | Widely accepted | Often restricted |
| Financing | Available through banks and private lenders | Limited and building-dependent |
| Approval Process | Minimal (right of first refusal only) | Board approval required |
| Use Case | Preferred for international buyers | Situational and often restrictive |
Manhattan transactions are attorney-driven. The typical process for an international buyer:
For international buyers targeting the highest tier of Manhattan real estate, Billionaires' Row remains the benchmark — a corridor of supertall towers along 57th Street including 220 Central Park South, Central Park Tower, 111 West 57th Street, and One57. Beyond that corridor, buyers are active in Tribeca, the West Village, SoHo, and the Upper East Side. Manhattan's most exceptional penthouses command premium pricing but offer a level of prestige and exclusivity few global cities can match.
Miami offers a materially different tax and procedural environment than New York. Florida has no state income tax, no state-level capital gains tax, and no mansion tax. Transfer taxes are imposed at the state level (documentary stamp tax) but are far lower than New York's combined state and city rates. Closing costs are typically lower as a percentage of purchase price, and the buying process is simpler — virtually all residential properties are condominiums, with no co-op structure to navigate.
Florida's pre-construction market is particularly active, allowing international buyers to secure units with staged deposits of 20%–30% during construction. Branded residences from names like Aman, Rosewood, Four Seasons, Dolce & Gabbana, and Baccarat have concentrated in Miami, drawing significant global capital.
One restriction to note: Florida's Senate Bill 264 (2023) restricts property purchases by nationals of seven designated countries (China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria). Buyers from other countries face no restrictions.
For a comprehensive Miami-specific guide, read our International Buyers Guide to Miami Real Estate.
Despite the complexity of U.S. taxation and the cost of entry into markets like Manhattan, international buyers continue to allocate capital to American luxury real estate. The reasons are consistent and enduring:
The United States is not the only destination for international real estate investment, but it remains the most open, most transparent, and most liquid. For buyers who value these qualities, the case for U.S. luxury real estate remains compelling.
Get our comprehensive guide to purchasing U.S. real estate as an international buyer — covering taxes, FIRPTA, entity structures, financing, and more.
Download the GuideYes. There are no restrictions on foreign nationals purchasing residential or commercial real estate in the United States. You do not need U.S. citizenship, a green card, or any particular visa. The United States imposes no foreign buyer taxes or surcharges.
Most international investors purchase through a U.S. LLC, which provides liability protection and simplifies tax reporting. Buyers with significant estate tax exposure may benefit from purchasing through a foreign corporation or trust. The right structure depends on your individual circumstances — professional counsel is essential.
No. Virtual viewings, electronic signatures, and closings via power of attorney are all standard. Many international buyers complete their entire transaction remotely, with their attorney and agent managing the process on their behalf.
Yes. Several U.S. lenders offer mortgage programs for foreign nationals, typically with 30%–50% down payments and documentation requirements that include translated financial statements and bank references. An ITIN or EIN is required.
FIRPTA (the Foreign Investment in Real Property Tax Act) requires the buyer to withhold 15% of the gross sale price when a foreign seller disposes of U.S. real property. This amount is submitted to the IRS as a prepayment of the seller's capital gains tax. Any overpayment is refundable.
The Mansion Tax is a progressive transfer tax paid by the buyer on New York residential purchases of $1 million or more. Rates begin at 1% and scale to 3.9% for purchases above $25 million. On a $5 million condominium, the Mansion Tax is $162,500.
For international buyers, condominiums are almost always the right choice. Co-op boards have discretionary authority to reject buyers, typically require in-person interviews, and impose restrictions on subletting that limit flexibility. Condos provide clearer ownership rights, easier rentals, and a more transparent process for foreign nationals.
Both markets offer compelling advantages for international buyers, but they serve different objectives. NYC offers stability and prestige; Miami offers tax efficiency and growth. Many buyers purchase in both. For a detailed comparison, read our guide: NYC vs Miami Real Estate for International Buyers.
Florida enacted Senate Bill 264 in 2023, which restricts property purchases by nationals from seven designated countries: China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria. The law was upheld by the Eleventh Circuit Court of Appeals and remains in effect. Buyers from other countries face no restrictions.
Our international team has guided buyers from more than 35 countries through the U.S. luxury real estate process. We are ready to help you.
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