Andrey Rossin

2430 NE 184th Terrace North Miami Beach, FL 33160

+1 (786) 942-0502247deal@gmail.com

The record

Buying from abroad: what applies in Sunny Isles Beach and Golden Beach

  • Sunny Isles Beach and Golden Beach, Miami-Dade County, Florida
  • Prepared by Andrey Rossin, licensed Florida real estate broker, CASHFLOWINMIAMI REALTY LLC
  • Sources read 9 November 2026
  • Last checked 9 November 2026

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01

A $5,000,000 condo held directly by a nonresident who is not a US citizen carries a tentative US estate tax of $1,932,800 after the credit. If the same residence is held through shares of a foreign company, the estate holds those shares instead, and for estate tax they count as property outside the United States. Few decisions in a purchase from abroad weigh as much, and it is made before the contract.

A residence on this coast can be bought by a person who lives abroad, but federal tax, Florida law and the building's own documents attach conditions to it. This guide sets out those conditions from the statutes, the IRS and the state's own pages, each with its source. It is not tax or legal advice. Each section stops where a tax adviser or a Florida attorney takes over, and those conversations belong before the contract, not after. Every tower page on this site links here.

§ 03

The rules in brief

  • Selling later. When the seller is a foreign person, the buyer generally must withhold 15% of the sale price and pay it to the IRS, under the rule known as FIRPTA.
  • Estate tax. For a nonresident who is not a US citizen, US real estate held directly is subject to US estate tax at rates up to 40%, with a credit that covers only about the first $60,000 of value. Shares of a non-US company are treated as property outside the United States; whether such a structure works in a given case is a question for a tax adviser before the contract, not after.
  • Florida's foreign-ownership law (sections 692.201–692.205). It applies to a person domiciled in one of seven countries who is not a US citizen or green-card holder: China, Russia, Iran, North Korea, Cuba, Syria and, in the statute's words, "the Venezuelan regime of Nicolás Maduro". It also covers those countries' governments and political parties, companies organized or based there, and entities they control. The test is domicile, not passport.
  • Where such a buyer may not buy. Within 10 miles of a military installation or a critical infrastructure facility, which includes airports and seaports; a person domiciled in China, anywhere in Florida.
  • The one exception. A single residential property of up to 2 acres, more than 5 miles from a military installation, bought in one's own name by a person holding a current US visa that is not limited to tourism, or official asylum papers. Every buyer signs an affidavit under penalty of perjury at closing, and a covered owner must register the property with the Florida Department of Commerce within 30 days.
  • Property tax. In 2025 the combined rate was 16.7227 mills in Sunny Isles Beach and 23.4227 in Golden Beach, about 1.67% and 2.34% of taxable value a year.
  • Residence. Buying a home gives no right to live in the United States; residence comes only through separate visa programs.
  • Renting the residence. Stays of six months or less need a city short-term rental license for each unit, a state lodging license and tax registrations, and the association's written consent or a copy of its bylaws; the condominium's own documents may restrict rentals further.

§ 04

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What is FIRPTA, and who withholds

FIRPTA is the federal rule that taxes a foreign person's sale of US real estate through withholding at the closing. In most cases the buyer is the withholding agent, so the rule matters to a buyer who purchases from a foreign seller, not only to an owner who later sells.

The FIRPTA withholding rate is 15% of the amount realized, generally the sale price. Lower rates apply only to modest homes the buyer will live in: no withholding up to $300,000, and 10% from there to $1,000,000. Above $1,000,000 the 15% rate applies, so every sale of $5 million or more by a foreign seller is withheld at 15% unless the IRS issues a certificate.

The residence exception carries its own condition. The buyer must plan to live in the home on at least 50% of the days it is used in each of the first two 12-month periods after the transfer.

Withholding falls away in two cases:

  • the seller certifies under penalties of perjury that it is not a foreign person;
  • the IRS issues a withholding certificate, applied for on Form 8288-B, that excuses or reduces it.

When a foreign corporation distributes US real property, withholding applies to its recognized gain at 21%. The rate and any certificate are questions for a tax adviser before closing.

§ 05

US estate tax and gift tax for nonresident aliens

US estate tax reaches the US real estate of a nonresident who is not a US citizen. The executor must file Form 706-NA when the US assets at death exceed $60,000. The credit is $13,000, which covers the tax on about the first $60,000, far below what US citizens and residents receive. The tax follows the section 2001(c) schedule, whose top rate is 40% above $1,000,000.

An illustration shows the scale, before debts, deductions and any treaty. A $5,000,000 condo held directly carries a tentative tax of $1,945,800, which the $13,000 credit reduces to $1,932,800.

Only 15 countries have an estate tax treaty with the United States: Australia, Austria, Canada (within its income tax treaty), Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, the Netherlands, South Africa, Switzerland and the United Kingdom. No Latin American country is on the list, nor are Israel, Turkey or Russia.

For estate tax, shares of a foreign company held by a nonresident non-citizen are treated as property outside the United States, while shares of a US company are not. That is the statutory basis for holding US real estate through a foreign company.

Gifts of US real property are subject to US gift tax. The annual exclusion is $19,000 per recipient for 2025 and 2026, and for a spouse who is not a US citizen $190,000 for 2025 and $194,000 for 2026, filed on Form 709-NA. Whether a structure works in a given case is for a tax adviser.

§ 06

Rent, companies and tax residence

Rent that a nonresident individual receives from US property, when it is not connected with a US business, is taxed at a flat 30% of the amount received, or a lower treaty rate, with no deductions. The owner can instead elect under section 871(d) to treat it as business income. Expenses then become deductible and the net income is taxed at graduated rates; the election is made on a statement attached to Form 1040-NR and stays in force until revoked.

Companies carry their own costs. A foreign corporation with US business income may owe a 30% branch profits tax on top of corporate tax at 21%. A US LLC wholly owned by one foreign person must file a pro forma Form 1120 with Form 5472 each year, and the penalty for not filing is $25,000.

Beneficial-ownership reporting has narrowed. Under FinCEN's final rule, in effect from 14 August 2026, companies formed in the United States no longer report their beneficial owners. A company formed abroad and registered to do business in a US state still reports, and only its non-US beneficial owners.

Time spent in the home counts toward US tax residence. The substantial presence test is met with at least 31 days in the current year and 183 days over three years, counting all current-year days, one third of last year's and one sixth of the year before. Florida levies no state tax on individuals' income, estates or inheritances. Stays and ownership are best planned together with a tax adviser.

§ 07

Florida's foreign-ownership law (SB 264): more detail

The law of 2023, Florida Statutes 692.201 to 692.205, re-enacted its list of seven countries unchanged with effect from 1 July 2026. Nationality alone does not trigger it; domicile does.

A person domiciled in China who is not a US citizen or green-card holder may not acquire any interest in Florida real property anywhere, except under the one-residence exception. The statute sets the penalties section by section:

  • 01

    Section 692.204, buyers domiciled in China:

    the buyer commits a third-degree felony, and the property may be forfeited; a person who knowingly sells in violation commits a first-degree misdemeanor.

  • 02

    Section 692.203, purchases near military and critical-infrastructure sites:

    property acquired in violation may be forfeited to the state, and the buyer and anyone who knowingly sells in violation commit a second-degree misdemeanor.

Registration and the affidavit apply to everyone the law covers. A covered owner must register the property with the Florida Department of Commerce within 30 days of acquisition, and late registration costs $1,000 per day. Every buyer signs an affidavit at closing. Covered owners who held property before 1 July 2023 could keep it but had to register by 31 December 2023.

The courts have left the law standing. On 4 November 2025 the Eleventh Circuit, in Shen, affirmed the denial of an injunction against the registration and affidavit rules, and returned the claim against the purchase restriction for lack of standing.

Florida's foreign-ownership law of 2023 covers people domiciled in China, Russia, Iran, North Korea, Cuba, Syria or under the Venezuelan regime of Nicolás Maduro who are not US citizens or green-card holders. It limits their purchases near military and critical-infrastructure sites and, for those domiciled in China, anywhere in Florida, with one narrow exception for a single home.

On this coast that exception is the only way in. The law counts a facility only where it is fenced, barred or guarded, and two that meet the test lie within 10 miles of every address. Fort Lauderdale-Hollywood International Airport is secured under the federal airport security program and Port Everglades under federal port security rules; both are about 6 to 10 miles away.

Two more facilities of the kinds the law lists are nearby: the Miami-Dade North District wastewater treatment plant, about 1 to 4 miles away, and North Perry airport, about 6 to 10. The nearest military installation, at Dania Beach, is about 8 to 12 miles away, beyond the 5 miles the exception requires.

A covered person may therefore buy here only one residential property of up to 2 acres, in their own name, with a current US visa not limited to tourism or with official asylum documentation. The purchase must be registered with the Florida Department of Commerce within 30 days. Companies and other entities covered by the law may not buy here.

§ 08

Reporting rules

FinCEN's Residential Real Estate Rule would require reports on non-financed transfers of homes to entities and trusts. It is not in force: on 19 March 2026 a federal court in the Eastern District of Texas vacated it, and FinCEN and the Department of Justice have appealed. While the order stands no reports are required, and FinCEN says none would be required retroactively if the vacatur is overturned. This status must be re-checked before any purchase.

The Geographic Targeting Order that required title insurers in Miami-Dade to report cash purchases of $300,000 or more by legal entities last ran from 10 October 2025 to 28 February 2026.

§ 09

Florida property tax for non-residents

Property tax. The combined property-tax rate in Sunny Isles Beach for 2025 was 16.7227 mills: $16.72 for every $1,000 of taxable value, or about 1.67% a year. A residence assessed at $5 million that is not the owner's Florida homestead would pay about $83,600 a year.

In the Town of Golden Beach the rate was 23.4227 mills, $23.42 for every $1,000 or about 2.34% a year, so a house assessed at $10 million that is not a homestead would owe about $234,200. The schools take the largest share of the rate, 6.6330 mills, ahead of the county's 4.5740 and fire rescue's 2.3965; the city's own rate comes on top. The county appraiser's estimate of market value, the just value, can differ from the price paid, and after a purchase the assessment resets to full market value on the next 1 January.

How a bill is estimated. The bill is the taxable value (assessed value less exemptions) multiplied by the total millage and divided by 1,000, plus non-ad valorem assessments such as waste and lighting. The city operating rates for 2025 were 1.7000 mills in Sunny Isles Beach and 7.8000 in Golden Beach, plus 0.6000 for debt service there; the proposed 2026 totals are 16.6407 and 22.9793.

Assessment caps. For a residence that is not the owner's Florida homestead, the assessed value used for non-school taxes may rise by no more than 10% a year. Amendment 3, which Florida voters approved on 3 November 2026 by about 62% in unofficial results, lowers that cap to 5% from the 2027 roll; the state's certification was still pending on 9 November 2026. For a homestead, yearly increases are capped at the lower of 3% or the change in consumer prices.

The Florida homestead exemption. The exemption is open only to an owner who makes the home a permanent Florida residence in good faith, a test a person in the United States on a temporary visa cannot meet. Under current law it is $25,000 for all levies, plus up to a further $25,000 for non-school levies on value above $50,000.

Amendment 3 raises the non-school exemption to $150,000 from 1 January 2027 and to $250,000 from 1 January 2028, plus $25,000 for school levies. A person without a permanent Florida residence by 31 December 2026 gets $50,000 at first, and the larger amount from the fifth year.

§ 10

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Closing costs for a buyer in Miami-Dade

Florida's documentary stamp tax on the deed is $0.60 for every $100 of the price in Miami-Dade County, about $30,000 on a $5,000,000 condo; the purchase contract decides which party pays it. Miami-Dade's additional surtax of $0.45 per $100 does not apply to a condominium unit, because state law counts a condominium unit as a single-family residence, which is exempt. Nor does it apply to a deed that transfers only a single-family residence. It does apply to a vacant lot, which therefore pays $1.05 per $100, or $52,500 on $5,000,000.

A mortgage adds documentary stamp tax of $0.35 per $100 of the loan and an intangible tax, a state tax on the loan itself, of $2 per $1,000. All parties to the deed are liable for the stamp tax, whoever agrees to pay it.

The standard Florida Realtors/Florida Bar contract lists deed stamps and surtax among the seller's costs. Its Miami-Dade regional provision lets the buyer choose the closing agent and pay the owner's title policy, while the seller pays the title search, the tax search and the municipal lien search; which box is ticked is negotiated.

Title insurance premiums in Florida are set by rule per $1,000 of cover: $5.75 to $100,000, $5.00 to $1 million, $2.50 to $5 million, $2.25 to $10 million and $2.00 above. An owner's policy costs $15,075 on $5,000,000 and $26,325 on $10,000,000. A regulated lender may not lend on a building in a special flood hazard area (zones A and V) without flood insurance for at least the loan balance or the maximum available.

§ 11

Condo documents to review

What a resale buyer is entitled to. On a resale the seller must give the buyer, at the seller's cost, the declaration of condominium, the articles, bylaws and rules, the annual financial statement and budget, and the association's question-and-answer sheet and governance form. The package also carries the most recent structural integrity reserve study, or a statement that none was done, and the summary of the milestone inspection report where one applies. If the developer handed control to the owners after 1 July 2023, the turnover inspection report is included too.

The buyer may cancel within 7 days of receiving the documents, weekends and legal holidays not counted. That right falls away if the contract records receipt more than 7 days before signing, and it ends at closing. A buyer who purchases from the developer has 15 days instead.

§ 12

Insurance

Flood insurance. The National Flood Insurance Program (NFIP) covers up to $250,000 for a residential building and $100,000 for contents; a condominium association's building policy can reach $250,000 multiplied by the number of units. At these values, cover above the NFIP limits is bought privately. New NFIP policies generally start 30 days after purchase.

Windstorm insurance. Citizens, Florida's state-backed insurer of last resort, may not write a unit owner's policy where the unit's combined dwelling and contents replacement cost is $700,000 or more. The threshold rises to $1 million in counties where the state insurance regulator finds too little competition. What counts is the cost of rebuilding and refitting the unit, not the price paid; the association's policy for the building is a separate matter. An insurance agent can say whether a given unit qualifies.

For a house the test is the dwelling replacement cost alone. Citizens may not insure a house whose dwelling replacement cost is $700,000 or more, or $1 million in counties where the regulator finds too little competition.

§ 13

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Renting the residence

In Sunny Isles Beach, renting a condominium unit for six months or less is a short-term vacation rental. It needs a city license for each unit, which does not pass to a new owner, and a Local Business Tax Receipt. The license in turn requires:

  • a state transient lodging license;
  • state and county tax registrations;
  • liability insurance;
  • the association's written consent or a copy of its bylaws.

A new license costs $300 and the business tax receipt $110, plus a $10 application fee. Occupancy is capped at two persons per bedroom plus two, with a maximum of 12, and fines reach $1,000 for a first violation and $2,500 for a second.

The city does not limit how often a unit is rented, but condominium documents may restrict frequency and minimum term. A single-family house in Sunny Isles Beach rented for less than six months also needs a city license; the city's page does not state its fee or stay limits.

Golden Beach is stricter. Its code bars renting or occupying a home for less than six consecutive months (section 66-91); the town first adopted it in 2002 and re-adopted it in its current text in 2015. Florida Statute 509.032(7)(b), which bars local laws that limit how long a vacation rental may last, does not apply to local laws adopted on or before 1 June 2011. Income from renting is taxed as described above.

§ 14

Residency and visas

Buying a home does not by itself give any US immigration status.

  • EB-5. The program requires money committed to a commercial enterprise and excludes owning a personal residence. Its minimum is $1,050,000, or $800,000 in a targeted employment area or infrastructure project, and the enterprise must create at least 10 full-time US jobs; it leads to conditional permanent residence. The amounts are to be adjusted for inflation for petitions from 1 January 2027; USCIS had not published the new figures as of 9 November 2026.
  • E-2. A treaty visa that needs an active commercial undertaking, so holding a residence does not qualify.
  • Gold Card. Created by Executive Order 14351 on 19 September 2025, it is an expedited immigrant-visa route for a $1 million gift to the Commerce Department, or $2 million if a company pays. It is unrelated to buying property, and the sources read for this guide do not establish its current status.

A non-citizen on a temporary visa cannot claim the Florida homestead exemption. Each of these questions is for an immigration attorney.

For the reader

Questions buyers ask

  • Yes, with conditions. A person domiciled in one of seven countries who is not a US citizen or green-card holder faces Florida's 2023 restrictions, and a person domiciled in China may buy only under the one-residence exception. On this coast, a covered person may buy only one residential property of up to 2 acres, in their own name and with a qualifying visa, and must register it within 30 days; covered companies may not buy here. Everyone else faces the federal tax rules above.

  • No. A home gives no immigration status; EB-5 and E-2 are separate programs that need an investment in an active business.

  • Through a purchase contract, a deposit held in escrow, the condominium documents or title review, and a closing run by a closing agent or attorney; a mortgage needs a US lender willing to finance a nonresident.

  • Generally 15% of the sale price when the seller is a foreign person. Lower rates apply only to homes of $1,000,000 or less that the buyer will live in, so a sale of $5 million or more is withheld at 15% unless the IRS issues a certificate on Form 8288-B.

  • There is no withholding if the seller certifies it is not a foreign person or if the IRS issues a withholding certificate. Nor is there any for a home of $300,000 or less that the buyer will live in, under the IRS conditions.

  • The buyer generally withholds 15% of the price for the IRS under FIRPTA; the seller then files a US return, and the withholding counts against the tax actually due.

  • Up to 40% on US real estate held directly, with a $13,000 credit that covers only about the first $60,000. On a $5,000,000 condo held directly, the tentative tax after the credit is $1,932,800, before debts, deductions and any treaty.

  • A US LLC owned by one foreign person must file Form 5472 each year, with a $25,000 penalty for not filing, and does not by itself remove US estate tax. Shares of a foreign company are treated as property outside the United States for estate tax. The choice is for a tax adviser before the contract.

  • The deed stamp tax is $0.60 per $100, about $30,000 on $5,000,000, without the surtax for a condo; who pays is set in the contract. The owner's title policy costs $15,075 on $5,000,000, and a financed buyer adds $0.35 per $100 of the mortgage and $2 per $1,000 of intangible tax.

  • Only by making the home a permanent residence in good faith; a person in the United States on a temporary visa cannot meet that test.

  • The 2025 total was 16.7227 mills, about 1.67% of taxable value; a non-homestead residence assessed at $5 million would owe about $83,600 a year. In Golden Beach the rate was 23.4227 mills.

  • Lending terms were not covered by the sources for this guide. If a purchase is financed, the mortgage stamp and intangible taxes above apply, and a regulated lender requires flood insurance on a building in a special flood hazard area.

Contact

Andrey Rossin, licensed Florida real estate broker, CASHFLOWINMIAMI REALTY LLC, broker license BK3069599 · 2430 NE 184th Terrace, North Miami Beach, FL 33160 · +1 (786) 942-0502 · 247deal@gmail.com

Internal Revenue Code, 26 U.S.C. 871, 884, 1445, 2001 and 2102; 26 CFR 20.2105-1; IRS pages on FIRPTA withholding and exceptions, nonresident estate tax returns, estate and gift tax treaties, gift tax for nonresidents, real property income, Form 5472 and the substantial presence test. FinCEN: beneficial ownership alert (11 August 2026), Residential Real Estate Rule status and FAQ, Geographic Targeting Order (9 October 2025). Florida Statutes 692.201–692.205, 193.155, 193.1554, 196.031, 201.02, 201.031, 509.032, 627.351 and 718.503; Florida Administrative Code 12D-7.007 and 69O-186.003; Florida Constitution, Art. VII, s. 5; CS/HJR 1F (2026). Shen v. Commissioner, No. 23-12737 (11th Cir. 2025). Miami-Dade Property Appraiser millage tables and tax estimator; Florida DOR documentary stamp tax page. 44 CFR 61.6; 42 U.S.C. 4012a. 8 CFR 204.6; 8 U.S.C. 1153(b)(5); 9 FAM 402.9; Executive Order 14351. City of Sunny Isles Beach short-term rental pages; Town of Golden Beach Code of Ordinances, section 66-91 (Municode, version of 15 June 2026). Florida Realtors/Florida Bar contract, Rev. 12/24. Full source list with dates: Method and sources.