Keyzy. U.S. property, non-resident

Updated October 2026 · Every figure sourced and dated

U.S. property rules, written for people who do not live there.

What a non-resident actually has to do to buy, hold, rent out and sell a home in the United States. Every number here is traceable to its publisher and its date.

45.3 bnBought by foreign buyers in the year to March 2026, down 19.1% on the year before.Source: NAR, International Transactions in U.S. Residential Real Estate, survey April 2025 to March 2026, published 29 July 2026
67,100Homes purchased. The second lowest count since 2009.Source: NAR, International Transactions in U.S. Residential Real Estate, survey April 2025 to March 2026, published 29 July 2026
44%Share of those purchases made by buyers living outside the United States.Source: NAR, International Transactions in U.S. Residential Real Estate, survey April 2025 to March 2026, published 29 July 2026
48%Share paid in cash, against 28% of all existing-home buyers.Source: NAR, International Transactions in U.S. Residential Real Estate, survey April 2025 to March 2026, published 29 July 2026

Every figure traced to its publisher

Four moments, four sets of rules

Most of what goes wrong for a foreign owner is not the purchase. It is what the United States asks of you afterwards: a withholding rule at sale that takes a share of the price rather than of the gain, an annual filing that exists only because you used a company, and an estate tax threshold that is a small fraction of the one a U.S. person gets.

01 Buy Structure, identity and the closing settlement. W-7 / SS-4 02 Hold and rent 30% on gross rent, or elect to be taxed on net income. W-8ECI / 1040-NR / 5472 03 Sell The buyer withholds a share of the price, not of the profit. 8288 / 8288-A / 8288-B 04 Death U.S. assets above $60,000 can be exposed, absent a treaty. 706-NA
Form numbers are the U.S. federal forms named by the IRS for each stage. Thresholds and rates are set out, with their sources, in the guide for each stage.

State finder

Where are you buying?

Prices, insurance, landlord rules and nationality restrictions change at the state line. Pick a state to open its page.

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10 states covered

Tools

Work out the numbers before you call anyone.

Two quick tools built on the rules in the guides. They illustrate the published rules and are not a calculation of your own liability.

FIRPTA

Withholding on a sale

What the buyer must hold back when a foreign person sells.

Will the buyer, an individual, live in it?
Rate15%
Withheld at closing$67,500

General rate: 15% of the amount realised, the price, not the profit.

Rules, exceptions and Form 8288-B
IRS forms

Which forms, at which stage?

The federal forms a non-resident owner meets, in the order the money moves.

  • W-7

    Application for an ITIN, the tax number an individual without a Social Security number uses on U.S. returns.

  • SS-4

    Application for an EIN, the number an LLC or other entity needs. Can be obtained without a Social Security number.

Read the guide for this stage

Your nationality changes the answer

Two people can buy the same house on the same day and face different rules. Three things decide it: whether your country has an income tax treaty with the United States, whether it has an estate tax treaty, and whether the state you are buying in has passed a law restricting purchases by nationals of certain countries.

That last category moved fast. One tracker counted 26 states with 63 such laws as of 13 August 2026, with eight lawsuits running.

Source: Committee of 100, state property ownership restrictions database, updated 12 August 2026

Because this area is in active litigation, each state page gives the statute, the date and the current court position, and says plainly where we could not confirm one.

Questions

The short answers.

Each answer is a summary of a guide, where the rule is set out with its source and date.

Ask your own question
Can a non-resident legally buy property in the United States?

Federal law does not generally stop a foreign person from buying U.S. residential property. A number of states have passed laws restricting purchases by nationals of certain countries, and several are being challenged in court. Each state page sets out the statute and its current status.

Read the full rule and its sources
How much is withheld when a foreign owner sells?

Under FIRPTA the buyer generally withholds 15% of the amount realised, which is the price, not the gain. The rate is 10% if the buyer will live in the property and the price is $1,000,000 or less, and nothing if the buyer is an individual who will live in it and the price is $300,000 or less.

Read the full rule and its sources
How is rent from a U.S. property taxed for a non-resident?

By default, 30% of the gross rent is withheld with no deductions. An election under section 871(d) lets the owner be taxed on net income instead, at graduated rates, by filing a return. It has conditions and deadlines.

Read the full rule and its sources
Do I need an ITIN or an EIN?

An individual who files a U.S. return without a Social Security number needs an ITIN, applied for on Form W-7. An LLC needs an EIN, applied for on Form SS-4, which can be obtained without a Social Security number. Owning through an LLC also brings an annual Form 5472 filing.

Read the full rule and its sources
What happens to the property if the owner dies?

For an owner who is neither a U.S. citizen nor domiciled in the U.S., U.S. estate tax can apply to U.S. assets above $60,000, a far lower threshold than U.S. residents get, unless an estate tax treaty with the owner's country changes it.

Read the full rule and its sources
Can I get a mortgage without U.S. credit history?

Some lenders offer foreign national loans, priced and underwritten differently from standard U.S. mortgages, usually with larger down payments. Nearly half of foreign buyers pay cash.

Read the full rule and its sources

How this site handles numbers

A figure without a source is a liability on a site about other people’s money. So the rule here is mechanical: every rate, threshold, price and premium carries the publisher, a link and a date, and anything we could not confirm at a reliable source is left out and listed by name.

Pages carry a block titled What we could not verify. It is there because the gaps are real and you are better off knowing where they are than reading a confident guess.

Read the sourcing policy

This is general information, not advice. It does not replace a U.S. Certified Public Accountant or a licensed U.S. attorney, and it is not personalised to you. Investment in real estate carries the risk of losing capital.

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