Non-citizens and non-residents can absolutely buy in New York — the U.S. places almost no restrictions on who may own residential real estate. The real work is in the structure, and tax is at its core. Full detail in Buying NYC Real Estate as a Foreign or Non-Resident Buyer.
1. ITIN: your tax ID when you have no SSN. To file U.S. tax paperwork (especially when you sell or rent out), non-residents who aren't eligible for a Social Security number use an ITIN (Individual Taxpayer Identification Number), applied for on Form W-7, usually attached to a U.S. tax return. A valid passport generally proves both identity and foreign status in one document; the IRS requires original documents or copies certified by the issuing agency — it does not accept notarized copies — and charges no fee for the application. Plan for the timeline: the IRS asks you to allow about 7 weeks, stretching to 9–11 weeks during tax season (mid-January to the end of April) or if you apply from abroad. Start early so a missing ITIN doesn't hold up a closing.
2. The 15% FIRPTA withholding at sale. This is the rule that surprises foreign owners most, because it bites on the way out. When you sell, the buyer must withhold 15% of the amount realized (with residence exceptions — none at $300,000 or less, 10% from $300,001–$1,000,000) as a prepayment against your U.S. tax, reconciled and refundable on your return, and reducible via a withholding certificate — see the Taxes at Sale section above.
3. Estate tax: the $60,000 trap. This is the single most important thing for a non-resident, non-citizen owner to understand. U.S. real estate is treated as U.S.-situated property, so it falls inside the U.S. estate tax net when the owner dies. And the exemption for a non-resident, non-citizen is not the multi-million-dollar amount U.S. citizens enjoy — it is just $60,000, a figure that has stood for decades and is not indexed for inflation. Above that threshold, the estate must file Form 706-NA, and the rate climbs to as high as 40%. In plain terms: a foreign buyer owning a $1.5 million NYC condo in their personal name could face a seven-figure liability on death unless planning is in place. Relief may come from a U.S. estate-and-gift-tax treaty (the U.S. has them with roughly 15 countries) or from a holding structure built for this problem. This is exactly why the ownership-structure choice (own name vs. LLC) should be made before you sign a contract, with a cross-border tax advisor — restructuring later can trigger tax.
4. Financing: foreign-national loans. You don't have to pay cash. A category of lender offers foreign-national mortgages that don't require an SSN, U.S. credit, or U.S. income, looking instead at international credit, overseas bank references, and verified foreign income and assets. The trade-off is a larger down payment — 2026 programs commonly require roughly 25% to 40% down, with higher rates.
5. Don't forget the ordinary buyer costs. Foreign or not, every buyer faces the mansion tax (starting at 1% on purchases of $1,000,000 or more and rising in tiers — see Taxes at Purchase), standard closing costs, and ongoing property taxes and common charges.
Separately, bringing overseas funds into the U.S. raises remittance and source-of-funds compliance questions — an anti-money-laundering and banking matter covered in Bringing Overseas Funds to Buy U.S. Property, Compliantly.
Bottom line: arrange foreign-national financing early, get your ITIN in the pipeline, understand that FIRPTA withholds 15% when you sell, and get cross-border tax advice on ownership structure and estate-tax exposure before you sign. Do those and the rest is ordinary house-hunting. To connect with the right attorney, CPA, and lender for a cross-border purchase, contact our team.