Buying property in the U.S. with an ITIN: What foreigners should know

Buying U.S. property with an ITIN, used for managing foreign rental income tax.

Buying a home is a significant milestone and dream for many, but for home seekers lacking a Social Security Number (SSN) in the U.S., this may feel like a dream that is out of reach. However, for those with an Individual Tax Identification Number (ITIN), ITIN loans offer foreigners a pathway to housing stability and could be the key to home ownership.

What is an ITIN and who needs one?

An ITIN is a tax processing number issued by the IRS to nonresidents that are not eligible for an SSN. ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

It’s a nine-digit number, beginning with the number nine, that is used to confirm your identity with the IRS.

New real estate acquisition for international investors.

How to get an ITIN?

In order to get an ITIN you must complete and sign a Form W-7 and you must provide proof of identity and foreign national status.

ITINs can be applied for either in advance of filing your tax return or you can choose to apply alongside your return.

Can you buy property in the U.S. with an ITIN?

Yes, you can buy a property in the U.S. with an ITIN! However, you will have to find a lender that offers ITIN mortgages.

Having an ITIN doesn’t automatically qualify you for a mortgage. Having an ITIN lets lenders process your mortgage application and consider you for approval so long as you meet their other requirements, such as income, down payment, and credit.

International real estate buyers viewing a potential investment property

Can you get a mortgage with an ITIN?

It is possible to get a mortgage with an ITIN, but not all lenders offer ITIN home loans. It is important to note that ITIN mortgages come with unique caveats, including higher interest rates and down payment requirements (usually 15-20%).

ITIN vs SSN: What’s the difference for mortgage approval?

There are a number of differences between ITINs and SSNs when it comes to mortgage approval. The major differences between the two are:

  • Lender availability
  • Down payment amounts
  • Interest rates

Lender availability

One of the major differences between getting mortgage approval with an ITIN vs SSN is the choice of lenders who will provide a home loan. ITIN holders are required to use a lender that offers specific ITIN loans, while SSN holders can choose any loan provider.

Down payment amounts

The down payment requirements for ITIN mortgages tend to be considerably higher than many traditional loan programs open to SSN holders. ITIN holders can expect to provide between 15% and 25% as a down payment. In comparison, popular government-backed loan options like FHA loans come with a low 3.5% down payment requirement.

Interest rates

Compared to mortgage types available to SSN holders, ITIN mortgage loans can have interest rates between 0.5% and 2% higher than traditional mortgages.

For example, if a conventional 30-year mortgage is offered at 3.5%, the same term ITIN mortgage might range from 4% to 5.5%.

ITINSSN
Lender availabilityLender that offers specific ITIN loansAny loan provider
Down payment amounts15% - 25%3% – 5%
Interest ratesTypically 0.5% – 2% higher than conventional SSN interest ratesStandard Market Rates

 

Investment in real estate, managed by non-resident landlords

Documents you’ll need to buy a property with an ITIN

Applying for a loan with an ITIN can require extensive documentation in order to verify the creditworthiness of applicants without the typical automated data sources used for SSN borrowers.

ITIN mortgage loans will typically ask for:

  • Additional identification – Commonly accepted documents include your passport or your driver’s license
  • Proof of employment – Typically you will be asked for pay stubs or a W-2
  • Tax returns – Loan providers may ask for tax returns to gain additional insight into your earnings, including any income from investments

Potential additional documentation:

  • Bank or credit card statements
  • Proof of savings and investments

Tax implications for foreign property owners

While foreign property owners living in the U.S. face many of the same tax challenges as resident property owners, if the foreign property owner is considered nonresident, things change substantially.

Nonresident property owners who rent out their property are taxed on that rental income. This tax is typically a flat 30% withholding tax on the gross amount or owners may elect to have this income treated as effectively connected income which would see it taxed at graduated rates on a net basis.

The sale of property by a foreign nonresident is also taxed. Governed by FIRPTA, this tax requires the buyer to withhold a percentage of the sale price (generally 15%) and remit it to the IRS. This withheld amount is not the tax itself, rather it is a pre-payment against the nonresident owner’s ultimate capital gains tax liability.

A consultation for international property buyers or foreign investors

Who can help?

Sprintax Property has been specifically designed to help Property Management Companies remain tax compliant when managing the properties of nonresident owners.

Our team of tax experts can help you track withholding amounts and deposit schedules, issue and e-file 1042-S forms to all foreign owners, and monitor compliance across all foreign owners.

You can learn more about Sprintax Property here.

Request a demo

FAQs

Can I buy a house with an ITIN if I’m not a U.S. resident?

Yes, you can buy a house with an ITIN as a U.S. nonresident. However, you will face stricter lending criteria, higher down payments, and higher interest rates when compared to mortgages applied for with an SSN.

Is an ITIN enough to qualify for a mortgage?

An ITIN is enough to start the mortgage application process but you will be required to provide further documentation to prove your ability to meet the specific lender’s requirements.

How much down payment is required with an ITIN loan?

The typical down payment required for an ITIN loan is between 15% and 25% of the property’s gross sale price.

Does owning property help you get a green card?

Owning residential property, whether for personal use or to rent out, does not help you get a green card.

Do I have to file U.S. taxes if I own property?

While owning a property does not automatically require you to file a U.S. tax return, if the property generates any income or is sold for a profit, you will be required to file a U.S. tax return regardless of where you live.

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