Questions on Investing from Abroad as a Foreigner

Questions on Investing from Abroad as a Foreigner

Rental Property Investor · Cary, NC · Member since 2014 · 18 posts · 9 votes

Just for my interest, a couple of questions with regard to investing in US real estate as a non-US citizen from abroad. Also, if there's any recommended ways of going about this, please let me know and why that is the preferred route. 

I would be interested in hearing from those that have gone down this road before. I have a couple of ideas in my head for some things I may like to do, but would like to flesh it out a bit further.

1. What are the tax implications? I'm assuming there is still a need to file a US tax return on both rental and capital gains income. 

2. Is there an optimized structure that will minimize taxation? Setting up an LLC in the US?

3. I understand that upon sale of a property there is a 10% withholding tax for foreign investors. Depending on the actual capital gains/losses experienced on the sale,  I assume this is refunded in the subsequent tax return? That could mean a significant amount of cash is tied up.

4. Is there any way of managing exchange rate risk?

5. How does one typically go about the management of the property (collecting rent, conducting maintenance, etc..)? I assume this is typically handled through a property manager. What % of rent do they typically ask? I assume it's around 10%. That could translate to as low 50 bucks per month in some instances - would a property manager really have an incentive to manage a property for that monthly fee? I realize most have a portfolio of properties they manage, but it still sounds like a lot of headache for 50 bucks.

6. Is there any chance of finding "undervalued" properties as a foreign investor (I imagine this would only be possible with a very good local partner) or would turnkey really be the only option?

7. What sorts of financing options are available within the US (if any) for foreign investors?

Thanks in advance!

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Bill ExeterBusiness Member
1031 Exchange Qualified Intermediary · San Diego, CA · Member since 2008 · 1k+ posts · 1k+ votes
11y
Originally posted by @Tim Uittenbroek:
3. I understand that upon sale of a property there is a 10% withholding tax for foreign investors. Depending on the actual capital gains/losses experienced on the sale,  I assume this is refunded in the subsequent tax return? That could mean a significant amount of cash is tied up.

Hi Tim,

Yes, foreign investors are subject to the FIRPTA requirements.  The settlement/closing agent is required to withhold 10% of the gross sale price when a foreign investor sells U.S. real estate.  The foreign person would then file a U.S. Income Tax Return, pay any taxes due (if any), and then get a refund.

Foreign investors also qualify for tax-deferred exchange treatment if they decide to sell and reinvest in investment real estate via a tax-deferred exchange (Section 1031 of the Internal Revenue Code).  However, the foreign investor will still fall under the FIRPTA requirements, so advanced planning is important.  Withholding 10% of the gross sale price can significantly complicate the timing of your reinvestment through a 1031 Exchange since a big part of your net proceeds may be held back.

There is a solution for this problem.  The foreign investor must apply for a ITIN, which I would recommend doing as soon as you start investing so that there are no last minute rush filing requests.  Once the ITIN has been obtained, the foreign investor can then apply to the IRS for a Certificate of Exemption from Withholding by certifying that they are completing a 1031 Exchange.  The settlement/closing agent will not have to withhold the required 10% IF they have the certificate before closing, otherwise they will have to withhold the 10%.  If the certificate is not received in time, notify the settlement/closing agent that a certificate has been applied for and is pending.  They will still have to withhold the 10%, but rather than remitting it to the IRS they can hold the withheld funds until the certificate is received.  This entire process can take 60 to 90 days, in some cases longer, so it is critical that the process be started as soon as the contract is signed.

Exeter 1031 Exchange Services, LLC and Exeter Trust Company4.726 Reviews
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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    11y

    @Tim Uittenbroek 

      I will send you  a  PM I wrote  do's and don't e book for Austrilians who had the same questions... I don't go into the tax and forex aspects but other issues equaly important I discuss that will give you some frame work.

    I have done a lot of business in Singapore and will be travelling there in 2015 as well.

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    11y

    @Tim Uittenbroek 

    welcome to the site.

    We have a partner in Singapore who owns a couple homes in Cleveland with us.

    Feel free to shoot me a PM with any questions.

  • Bill ExeterBusiness Member
    1031 Exchange Qualified Intermediary · San Diego, CA · Member since 2008 · 1k+ posts · 1k+ votes
    11y
    Originally posted by @Tim Uittenbroek:
    3. I understand that upon sale of a property there is a 10% withholding tax for foreign investors. Depending on the actual capital gains/losses experienced on the sale,  I assume this is refunded in the subsequent tax return? That could mean a significant amount of cash is tied up.

    Hi Tim,

    Yes, foreign investors are subject to the FIRPTA requirements.  The settlement/closing agent is required to withhold 10% of the gross sale price when a foreign investor sells U.S. real estate.  The foreign person would then file a U.S. Income Tax Return, pay any taxes due (if any), and then get a refund.

    Foreign investors also qualify for tax-deferred exchange treatment if they decide to sell and reinvest in investment real estate via a tax-deferred exchange (Section 1031 of the Internal Revenue Code).  However, the foreign investor will still fall under the FIRPTA requirements, so advanced planning is important.  Withholding 10% of the gross sale price can significantly complicate the timing of your reinvestment through a 1031 Exchange since a big part of your net proceeds may be held back.

    There is a solution for this problem.  The foreign investor must apply for a ITIN, which I would recommend doing as soon as you start investing so that there are no last minute rush filing requests.  Once the ITIN has been obtained, the foreign investor can then apply to the IRS for a Certificate of Exemption from Withholding by certifying that they are completing a 1031 Exchange.  The settlement/closing agent will not have to withhold the required 10% IF they have the certificate before closing, otherwise they will have to withhold the 10%.  If the certificate is not received in time, notify the settlement/closing agent that a certificate has been applied for and is pending.  They will still have to withhold the 10%, but rather than remitting it to the IRS they can hold the withheld funds until the certificate is received.  This entire process can take 60 to 90 days, in some cases longer, so it is critical that the process be started as soon as the contract is signed.

    Exeter 1031 Exchange Services, LLC and Exeter Trust Company4.726 Reviews
  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    11y

    Hi Tim,

    Financing available, entity structure, etc. will all depend on how much money you have.

    Also how well you have kept records. Lenders do not like foreigners who keep bad tax records or countries where money laundering or terrorist activities occur.

    My foreign investor clients are buying commercial property but they have millions to tens of millions of dollars to invest here in the states.

    If you have say only 100,000 to invest without partnering then that is very tough road ahead of you. The local banks have those loans and they generally do not lend to foreigners. It's too risky for the banks on a loan if a problem comes up the investor is thousands of miles away. 

    Some banks have foreign national loans but they want 40 to 50% down for the extra risk versus 20 to 25% for local buyers here.

    There are hundreds of billions flowing in from many countries for U.S investments. You just as a foreigner have to manage your expectations. If I am writing an offer local all cash for a property with no contingency versus a foreigner who has to come see it then in the sellers eyes the out of country investor is more risky.     

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    11y

    @Bill Exeter 

      This is how I have set up the few partners that I have off short... ITIN and the filing of the exemption.. seems to work fine we are on year 4 of tax returns.

  • SINGAPORE, SINGAPORE · Member since 2013 · 20 posts · 1 vote
    11y
    Originally posted by @James Wise:

    @Tim Uittenbroek 

    welcome to the site.

    We have a partner in Singapore who owns a couple homes in Cleveland with us.

    Feel free to shoot me a PM with any questions.

     @James Wise 

    Hi James, 

    I am quite interested how does the partnership works between the Partners in Singapore and you. Able to elaborate more on this?

    regards

    elaine

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    11y
    Originally posted by @Arh Elaine:
    Originally posted by @James Wise:

    @Tim Uittenbroek 

    welcome to the site.

    We have a partner in Singapore who owns a couple homes in Cleveland with us.

    Feel free to shoot me a PM with any questions.

     @James Wise 

    Hi James, 

    I am quite interested how does the partnership works between the Partners in Singapore and you. Able to elaborate more on this?

    regards

    elaine

     We own 2 duplexes together. 50/50. All cash of course. Joint residential financing would be a nightmare. His contribution was capital. We put up a smaller capital amount &  We handle everything else. Management,  repairs etc.

  • Principal · Charlotte, NC · Member since 2010 · 200 posts · 89 votes
    11y

    we have a lot of australian clients and work and take them through the process of buying investment property in the strongest real estate markets in the U.S.   feel free to email me   sky@retireonrentalscom and can point you in the right direction. 

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