Sell Florida Property as a Foreign Owner
Selling · Owners Abroad
Voyance Real Estate LLC · Alex D. Silva, Broker · Lic. BK3153327
To sell Florida property as a foreign owner, you can usually sign and close from abroad, but under FIRPTA the buyer generally withholds 15% of the price for the IRS.
Florida broker Alex Silva runs the sale locally, in English, Spanish, or Portuguese.
How FIRPTA withholding works
The 15% applies to foreign sellers: people who aren’t US citizens or US tax residents, plus foreign corporations, partnerships, trusts, and estates. It’s a prepayment toward your US tax.
Lower rates can apply if the buyer is an individual who, or whose family, plans to live there at least half the days the home is used in each of the first two years:
- $300,000 or less: generally 0%.
- Over $300,000 to $1,000,000: generally 10%.
Alex isn’t a CPA. Talk to one who handles FIRPTA before you list.
Lower the 15% or get a refund
- Prepare your ITIN application.Without a Social Security number, you need an ITIN (a US tax ID) to get credit for the withholding. Apply on Form W-7 once you sign a contract. From abroad, allow 9 to 11 weeks.
- Ask your CPA about a withholding certificate.If you’ll owe less US tax than the withholding, Form 8288-B can lower it. The IRS generally acts within 90 days of a complete application. Pending at closing? The money is held until the IRS decides.
- File a US tax return.Usually Form 1040-NR, with the IRS-stamped Copy B of Form 8288-A. Your home country may also tax the sale; ask an advisor there.
Selling without flying back
Signing
- Florida law accepts a notary with an official seal abroad, or a US consulate.
- Deeds also need two witnesses.
- The title company confirms what it accepts, including apostilles and online notaries.
Power of attorney
- Someone you choose signs for you.
- It needs two witnesses and a notary.
- Have a Florida attorney draft it and the title company check it.
The home and the money
- Alex prices it with a market analysis and handles showings and offers.
- Have a mortgage? The withholding is figured on the price, so check early with your CPA and title company that your proceeds cover it.
- Have proceeds wired to your own account. Confirm bank details with the title company by phone, at a number you already know.
- Rented out? See selling with tenants.
Prefer Portuguese or Spanish? See Brazilian broker or Spanish-speaking broker.
Alex Silva, broker
Voyance Real Estate is led by its broker and owner, Alex D. Silva, who has more than 30 years in real estate and holds Florida broker license BK3153327.
Short-sale negotiation is his specialty: lender approvals, second liens, and valuation disputes.
He works with homes, condos, rentals, and commercial property across Central and South Florida, in English, Spanish, and Portuguese.
Questions from owners abroad
Do I get the 15% back?
Generally, anything above your US tax is refunded after you file a US return. Ask a CPA.
Do I get Florida’s homestead exemption?
Generally not. It’s for a home that is, on January 1, your permanent residence or your dependents’. Ask the county property appraiser.
What if I’m selling a Florida house from out of state?
FIRPTA generally doesn’t apply to US citizens or US tax residents, such as most green-card holders (ask a CPA if unsure). You generally certify that you aren’t a foreign seller, and can often use a notary where you live.
Sources: IRS: FIRPTA · IRS Publication 515 · IRS: ITIN from abroad · CFPB: closing scams
General real estate information, not legal, tax, or financial advice.
Live abroad or out of state?
Tell Alex where the property is, where you live, and your timeline.