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Buy in your own name or via an LLC?

By Lory Minici · Berkshire Hathaway HomeServices EWM Realty · Updated October 2026

Short answer: Both are legal for foreign buyers. Buying in your own name is simpler and cheaper; an LLC can add privacy, organization and help with estate planning, at the cost of setting it up and maintaining it. The right choice depends on your goal and your tax situation in both countries, and should be made with a CPA or tax attorney.

This is one of the first questions international buyers ask. Both ways are common and legal for foreigners, the best one depends on your goal and your tax situation at home and in the US. Here's the overview.

When should you buy in your own name?

It's the simplest and cheapest path. Less paperwork, no cost to open and maintain a company. For many people buying for personal use or for a child, it's usually enough.

When does an LLC (US company) make sense?

Buying through an LLC can help with a few things:

In exchange, there's the cost of opening and maintaining the LLC and a bit more paperwork.

There's no one-size-fits-all answer. The right choice depends on your goal (live, income, inheritance) and your tax situation in both countries. That's why it's a decision for a CPA and/or tax attorney, not guesswork.

How does Lory Minici help?

Lory Minici does not give legal or tax advice. Her role is to connect you with specialists (CPAs and attorneys) who work with international buyers.

What is the difference, side by side?

The table sums up the points that usually drive the decision:

CriterionOwn nameLLC
CostNo company costFormation and annual Florida fee, plus an accountant
PrivacyYour name on the public recordCompany name on the record
PaperworkLowerHigher (accounts, filings)
EstateUS property is subject to US estate tax for nonresidents, with a filing required above $60,000Can help with planning, depending on the structure your attorney sets up

Before choosing a structure, browse new developments by neighborhood and how much a condo costs in Miami.

Frequently asked questions

Can a foreigner form an LLC in Florida?

Yes. LLCs are registered with the Florida Division of Corporations (Sunbiz), with no citizenship or residency requirement.

Does an LLC eliminate taxes?

No. It changes how the property is taxed and inherited, which can be better or worse depending on the case. That is why the decision belongs to a CPA or tax attorney.

Can I switch after buying?

You can transfer the property to an LLC later, but it may trigger costs and transfer taxes. Deciding before signing is usually cheaper.

Sources: IRS, estate tax for nonresidents, Florida Division of Corporations (Sunbiz); checked October 2026.

About the author

Lory Minici is a Miami Realtor (Berkshire Hathaway HomeServices EWM Realty) specializing in new developments, serving buyers in English, Spanish, Portuguese and Italian. She has invested in Miami real estate since 2011 and has been a licensed Florida agent since 2021, with the Scott Shuffield Group.

Want to decide the best structure before buying?

Lory Minici refers you to the right professionals and guides every step.

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