Firpta When Selling Florida Property
How the withholding works at closing and how to get the excess back
When a foreign person sells Florida real estate, FIRPTA requires the buyer to withhold 15% of the sale price at closing and send it to the IRS, with lower rates of 10% or 0% when the buyer will live in the home and the price is under $1,000,000 or $300,000. On a typical Florida home at $375,361 on Zillow's home value index, 15% is $56,304 held back from your proceeds, even if your actual tax on the gain is far smaller.
- Typical home value
- $375K Florida, Zillow, September 2026
- Past year
- −0.9%
- Past 5 years
- +18.6%
What FIRPTA does at a Florida closing
FIRPTA, the Foreign Investment in Real Property Tax Act, is a collection tool. The IRS cannot easily chase a seller who has left the country, so the law makes the buyer collect a deposit against the seller's US tax. The buyer is the withholding agent and is liable if the withholding is skipped when it was required. In practice, the title company or closing attorney calculates the amount, holds it from your proceeds, and sends it to the IRS with Forms 8288 and 8288-A within 20 days after closing.
Three points that confuse sellers:
- The withholding is on the gross sale price (the amount realized), not on your profit.
- It is a prepayment. Your real tax is figured later on your US return, and any excess comes back as a refund.
- Florida has no state income tax, so there is no separate Florida withholding layer.
Zillow Home Value Index, mid-tier, seasonally adjusted. Hover to see any date.
Data table
| Month | All homes |
|---|---|
| Dec 2012 | $137,888 |
| Dec 2013 | $159,013 |
| Dec 2014 | $174,323 |
| Dec 2015 | $191,493 |
| Dec 2016 | $208,002 |
| Dec 2017 | $224,615 |
| Dec 2018 | $240,223 |
| Dec 2019 | $250,318 |
| Dec 2020 | $272,004 |
| Dec 2021 | $332,010 |
| Dec 2022 | $393,135 |
| Dec 2023 | $400,867 |
| Dec 2024 | $396,947 |
| Dec 2025 | $376,536 |
| Sep 2026 | $375,361 |
Who counts as a foreign seller
For FIRPTA, a foreign person is a nonresident alien individual, or a foreign corporation, partnership, trust or estate. A US citizen is never a foreign person. A green card holder, or someone who meets the IRS substantial presence test for the year, is generally a US resident for tax purposes and is not subject to FIRPTA withholding.
Every seller in a Florida closing is normally asked to sign a certification of non-foreign status with their taxpayer ID. If you sign it, no withholding is taken. If you cannot sign it truthfully, the closing agent applies FIRPTA. Signing it falsely creates real liability, so if your residency status is unclear, settle it with a tax advisor before the contract is signed.
When a foreign owner and a US owner sell together, withholding generally applies to the foreign owner's share. Tell the closing agent the ownership split early.
- Monroe County$963K
- Walton County$661K
- Collier County$552K
- Miami-Dade County$523K
- St. Johns County$493K
- Nassau County$485K
- Palm Beach County$476K
- Martin County$448K
- Broward County$422K
- Franklin County$422K
- Manatee County$408K
- Gulf County$404K
Show all 67
- Orange County$401K
- Seminole County$400K
- Sarasota County$399K
- Sumter County$388K
- Hillsborough County$376K
- St. Lucie County$371K
- Pinellas County$369K
- Indian River County$364K
- Lake County$360K
- Osceola County$359K
- Okaloosa County$353K
- Santa Rosa County$351K
- Flagler County$350K
- Bay County$343K
- Brevard County$342K
- Clay County$335K
- Lee County$334K
- Pasco County$328K
- Volusia County$325K
- Baker County$314K
- Gilchrist County$306K
- Hernando County$306K
- Jefferson County$306K
- Alachua County$299K
- Charlotte County$299K
- Polk County$296K
- Duval County$294K
- Leon County$291K
- Okeechobee County$289K
- Levy County$287K
- Wakulla County$286K
- Escambia County$280K
- Hendry County$270K
- Citrus County$269K
- Marion County$268K
- Columbia County$268K
- Suwannee County$267K
- Lafayette County$262K
- Glades County$257K
- Union County$257K
- Bradford County$253K
- De Soto County$250K
- Hardee County$235K
- Highlands County$231K
- Washington County$221K
- Dixie County$218K
- Putnam County$216K
- Hamilton County$207K
- Madison County$206K
- Liberty County$201K
- Gadsden County$200K
- Taylor County$197K
- Holmes County$181K
- Jackson County$180K
- Calhoun County$167K
Zillow index, highest to lowest.
- Miami$584K
- Boca Raton$580K
- Miami Beach$531K
- Coral Springs$522K
- Miramar$520K
- Davie$515K
- Fort Lauderdale$510K
- Plantation$492K
- Pembroke Pines$487K
- Miami Gardens$474K
- Hialeah$444K
- Hollywood$442K
Show all 40
- Homestead$437K
- West Palm Beach$405K
- Boynton Beach$404K
- The Villages$392K
- Port St. Lucie$384K
- Tampa$376K
- Orlando$373K
- Riverview$363K
- Sunrise$361K
- Melbourne$358K
- Kissimmee$355K
- Brandon$353K
- St. Petersburg$352K
- Pompano Beach$350K
- Palm Coast$344K
- Clearwater$341K
- Largo$336K
- Cape Coral$335K
- Lakeland$309K
- Fort Myers$305K
- Palm Bay$303K
- Spring Hill$303K
- North Port$303K
- Deltona$298K
- Gainesville$292K
- Tallahassee$291K
- Jacksonville$285K
- Deerfield Beach$272K
Zillow index, highest to lowest.
Seller costs on a $375,000 sale
| Sale price (typical home value) | $375,000 |
| Deed doc stamps ($0.70 per $100) | −$2,625 |
| Owner's title policy | −$1,950 |
| Settlement, lien search and recording (estimate) | −$1,200 |
| Before commission and mortgage payoff | $369,225 |
Commissions are negotiable and not included; neither are prorated property taxes, HOA or condo estoppel fees, repairs or your mortgage payoff. Who pays the owner's title policy follows county custom and your contract. For your exact numbers use the closing cost calculator.
The 15%, 10% and 0% rates, and the $300,000 exception
The default rate is 15% of the price. Two reduced rates exist when the buyer, or a member of the buyer's family, has definite plans to live in the property for at least 50% of the days it is used during each of the first two 12-month periods after closing. The buyer signs a statement to that effect.
- Price $300,000 or less, buyer will live there: 0% withholding.
- Price over $300,000 up to $1,000,000, buyer will live there: 10%.
- Price over $1,000,000, or the buyer will not live there: 15%.
Using statewide Zillow values, here is what that means in dollars:
- A condo at the Florida condo index of $262,592 sold to a buyer who will live in it: $0 withheld. Sold to a buyer who will not, $39,388.80.
- A home at $375,361 to an owner-occupant: $37,536.10. To any other buyer: $56,304.15.
- A Miami home at its typical $583,705: $58,370.50 at 10%, or $87,555.75 at 15%.
The exception depends on the buyer's plans, which you do not control. Ask during negotiations whether the buyer will sign the residence statement, because it can change your cash at closing by tens of thousands of dollars.
Reducing withholding before closing with Form 8288-B
If 15% is far more than your expected tax, you can apply to the IRS for a withholding certificate on Form 8288-B. It asks the IRS to approve a lower amount based on your actual expected tax, usually your gain times the applicable rate. The math is simple: if you bought for $300,000 and sell for $375,361, your gain before costs is $75,361, far less than the $56,304 the default rule would hold.
- Apply on or before the closing date. If the application is pending at closing, the closing agent still withholds the full amount but can hold it in escrow instead of sending it to the IRS.
- Once the IRS issues the certificate, the agent sends the approved amount to the IRS and releases the rest to you. The IRS generally aims to act within 90 days of a complete application.
- You need a US taxpayer identification number. Most foreign sellers apply for an ITIN with Form W-7, which can be filed together with the 8288-B.
Start this the week you list, since a rushed application filed days before closing tends to come back with questions. Your purchase closing statement and receipts for capital improvements are the evidence of your basis.
When the withholding is larger than your cash at closing
Because FIRPTA is calculated on the gross price, sellers with a mortgage can run short. Picture a $375,361 sale with a $300,000 loan payoff. After the payoff, deed doc stamps of $2,627.53, the tax proration and other costs, there may be less than $56,304 left, and the sale cannot close until the withholding is covered. The options are to bring funds to closing, to qualify for a lower rate through the buyer's residence statement, or to get a withholding certificate application on file before closing so the right amount is clearer. Selling costs, the commission and the property tax credit do not reduce the 15% base. Run a FIRPTA net sheet with the closing agent before you accept an offer.
Filing the US return and getting the refund
Whatever is withheld, you still file a US nonresident return (Form 1040-NR for individuals) for the year of the sale. It reports the gain, applies the tax, and credits the FIRPTA amount from your copy of Form 8288-A, stamped by the IRS. If more was withheld than you owe, the IRS refunds the difference, which often takes months after filing.
Your home country may tax the same gain. Most countries with a US tax treaty allow a credit for US tax paid, but rules differ, so coordinate both returns with a cross-border advisor.
A practical timeline for foreign sellers
- Before listing: confirm your tax status, gather the purchase closing statement and improvement receipts, and talk to a CPA about expected gain.
- At listing: apply for an ITIN if you do not have one, and prepare the 8288-B if the expected tax is well below the withholding.
- At contract: ask whether the buyer will sign the residence statement, and give the closing agent your ownership details and taxpayer ID.
- At closing: sign deeds before a notary with two witnesses, as Florida requires, either in Florida, at a consulate or through the closing agent's remote options.
- After closing: keep the stamped 8288-A and file your 1040-NR.
This isn't legal or tax advice. The rules here are federal and apply in every state, and a CPA who handles FIRPTA filings regularly will save you time and often money.
Questions buyers ask
How much is FIRPTA withholding in Florida?
The buyer withholds 15% of the sale price when the seller is a foreign person. It drops to 10% for prices up to $1,000,000 and 0% for prices up to $300,000 when the buyer will live in the home. Florida adds no state withholding.
What is the FIRPTA $300,000 exemption?
If the price is $300,000 or less and the buyer or a family member plans to live in the property at least 50% of the days it is used in each of the first two years, no withholding is required.
Can I reduce FIRPTA withholding as a foreign seller?
Yes. File Form 8288-B for a withholding certificate on or before closing. The closing agent holds the withheld funds until the IRS decides, then sends the approved amount and releases the rest to you.
How do I get my FIRPTA money back?
File a US nonresident tax return for the year of sale, reporting the gain and claiming the amount withheld. You need an ITIN or other taxpayer ID. Any excess is refunded.
Is FIRPTA withholding the same as the tax I owe?
No. It is a prepayment based on the gross price. Your actual tax is based on your gain, and the difference is settled on your US return.

What is your home worth?
Send me the address and I'll prepare a pricing estimate from recent nearby sales, plus your estimated net after doc stamps, title and other closing costs. No obligation to list.
- Recent sales and active competition near your address
- Your net proceeds at two or three price points
- What to fix, what to leave, and the timing that suits your area
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Calculators for this purchase
Data: Zillow Home Value Index (ZHVI), Zillow Research, latest month September 2026; U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates. Figures for small areas carry margins of error. These are planning numbers, not an appraisal of any property.