International · Insights

U.S. Taxes for Foreign Owners of Florida Property

By Arthur Simpson — Florida Attorney, REALTOR® & CIPS

Owning Florida property as a non-U.S. person comes with U.S. tax rules worth understanding up front. None are dealbreakers — but planning saves money. Here's the overview (not tax advice — work with a cross-border CPA).

Rental income

If you rent the property, the income is U.S.-taxable and must be reported (you'll need an ITIN). With the right election, you're generally taxed on net income (after expenses and depreciation) rather than gross — a meaningful difference a CPA sets up.

Selling — FIRPTA

When a foreign owner sells, FIRPTA requires the buyer to withhold a portion of the sale price toward the seller's U.S. tax. It's a withholding mechanism, reconciled on a U.S. return — and often reducible with planning.

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U.S. estate tax exposure

This is the one many overlook: U.S. real estate owned by a non-U.S. person can be subject to U.S. estate tax, and non-residents get a much lower exemption than U.S. citizens. Ownership structure (an entity or trust) can help mitigate — this is where an attorney and CPA matter.

Plan it before you buy

How you take title affects taxes, liability, and your heirs. As a CIPS attorney-REALTOR®, we coordinate with your cross-border CPA so the structure fits your goals from day one. Talk through your situation →

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Frequently asked questions

Do foreign owners pay U.S. tax on Florida rental income?
Yes — U.S. rental income is taxable and must be reported with an ITIN. With the proper election, you are generally taxed on net income after expenses and depreciation rather than gross rent.
What taxes apply when a foreigner sells Florida property?
FIRPTA withholding applies at sale toward the seller's U.S. tax, reconciled on a U.S. return. Your home country may also tax the gain, so cross-border planning matters.
Are foreign owners subject to U.S. estate tax?
They can be. U.S. real estate held by a non-U.S. person may face U.S. estate tax, with a much lower exemption than U.S. citizens receive. Ownership structuring can help mitigate — consult an attorney and CPA.
How can I reduce these taxes?
Through proper elections for rental income, planning around FIRPTA, and choosing an ownership structure (individual, LLC, or trust) suited to your goals. A CIPS attorney-REALTOR® plus a cross-border CPA coordinate it.

Keep reading: How Much Does It Cost to Sell a House in Florida? · Florida Homestead Exemption: How to Lower Your Property Taxes · Buying a Beachside Home in Volusia County: What to Know · All insights →

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About the author — Arthur Simpson

Arthur is a Florida attorney, licensed REALTOR®, and Certified International Property Specialist (CIPS), and a member of the Real Property and International Law Sections of The Florida Bar. He founded Arthur Simpson · Realty Pros Assured to give Volusia & Flagler families — and buyers from around the world — a brokerage with a real estate attorney's eye on every deal. Meet Arthur & the family →

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Arthur Simpson · Attorney & REALTOR® · Realty Pros Assured, Ormond Beach, FL