01Who Can Buy — Visas, Status & Eligibility
Bottom line first: you do not need any U.S. status to buy property. Whether you hold a visa or have never set foot in the country, U.S. law places no "purchase qualification" barrier on foreigners, and there is no "buy-a-house-get-a-green-card" policy. This differs from some countries, so set the right expectation up front.
How status affects "buying" vs. "financing"
| Status | Buying | Financing notes |
|---|---|---|
| U.S. citizen / green-card holder | Unrestricted | Local rates; Fannie/FHA conventional loans available |
| H-1B / L-1 / O-1 work visa | Unrestricted | U.S. income & tax history; banks usually want remaining visa validity |
| F-1 student / OPT | Unrestricted | No U.S. income; foreign-national loan or family co-signer |
| B-1/B-2 visitor | Unrestricted | May not work, but can buy; foreign-national loan channel |
| Buyer outside the U.S. | Unrestricted | Video tours, e-sign; foreign-national loan channel |
Tax identity: why it matters more than visa status
The IRS splits buyers into tax residents and Non-Resident Aliens (NRA). Which you are determines withholding on sale, the estate-tax exemption, and how you file. Most "China-based, U.S.-rent-collecting" buyers are NRA — Chapters 6–8 mainly target this group.
02Moving Money Out — FX Controls & Safe Paths
Mainland China runs foreign-exchange controls: each person has a $50,000/year convenience quota that may not fund overseas property. Assembling funds compliantly in the U.S. is the part needing the most advance planning.
Common compliant sources
| Path | Notes |
|---|---|
| Funds already overseas | Overseas salary, earlier offshore deposits/assets — simplest |
| Direct family gift | Annual exclusion $19,000/recipient (2026); excess only requires filing (Form 709) |
| Staged conversion + planning | Accumulate at $50k/year; pair with a phased purchase plan |
| Selling domestic assets | Large capital item; apply bank-by-bank with tax & transaction proof |
| HK / offshore account relay | If funds already offshore, only a cross-border wire to the U.S. remains |
After funds land
- Earnest Money and balance go to the Title/Escrow trust account, not an agent's personal account — verify by phone (wiring-instruction hijacking is a top scam).
- Allow 1–3 business days for wires.
- Keep the full transfer-proof chain.
03Cash or Loan — Foreign-National Financing
Two schools: all-cash (fast close, strong negotiation) vs. leveraged loan (keep capital, dilute FX pressure). In the high-rate 2026 environment both are defensible — run the numbers.
Main loan types (no U.S. credit)
| Product | Typical terms | Best for |
|---|---|---|
| Foreign National loan | 30%–40% down, +1%–2% rate | No U.S. credit check; passport + overseas income |
| DSCR investment loan | 25%–35% down, rent-based | Pure rentals; ignores personal income |
| ITIN loan | 20%–30% down | Buyers with/eligible for an ITIN |
| Conventional | 15%–25% down | Green-card/work-visa + 2 yrs tax & credit (FICO 620+) |
04From Tour to Closing — The Timeline
| Stage | Time | Key actions |
|---|---|---|
| 1. Budget & pre-approval | 1–2 wks | Three-layer budget; loan buyers pre-approved first |
| 2. Tour & select | 2–8 wks | Video tours; check schools, FEMA flood zone, HOA |
| 3. Offer | 1–3 days | Price, earnest money, inspection & financing contingencies |
| 4. Earnest money to escrow | 1–3 days | 1%–2% to third-party escrow — contract-specified account only |
| 5. Inspection | 7–10 days | General + termite + radon (parts of LA) |
| 6. Loan & title | parallel | Appraisal; Title commitment |
| 7. Closing | contract day | LA: notary presides; TX: Title company |
| 8. Funding & keys | close / next | Deed recorded = true transfer |
05What a Purchase Costs — Closing Checklist
One-time closing costs (buyer side)
| Item | Range | Notes |
|---|---|---|
| Down payment | 20%–40% | Foreign-national loan commonly 30%–40% |
| Loan-related | 1%–2% | Origination, points, appraisal, credit |
| Title insurance | 0.5%–1% | State rates & "who pays" differ |
| Escrow/notary/recording | 0.3%–1% | Settlement & recording |
| Inspection + appraisal | $500–$1,200 | General ~$400, extras extra |
Buyer-side closing cost is typically 2%–5% of price (excluding down payment). Total acquisition capital = price × (down % + 2%–5%) + a 6-month carrying reserve.
06Carrying Costs — Property Tax, Insurance & HOA
"U.S. homes are cheap to buy but expensive to hold" — and the two states differ sharply:
Louisiana vs. Texas carrying-cost comparison
| Item | Louisiana | Texas | Notes |
|---|---|---|---|
| Property tax (effective) | ~0.55%–0.80% | ~1.6%–2.4% | TX no state income tax but high property tax; LA Homestead Exemption |
| Home insurance (SFH) | ~$2,000–$3,500/yr | ~$1,800–$3,000/yr | Hurricane/hail raises both; coastal/flood far higher |
| Flood insurance | mandatory in zones, $700–$2,000+/yr | some inland exempt | By FEMA map |
| HOA | $0–$150/mo | new communities $30–$150/mo | Read finances & rules |
| Maintenance | reserve 0.5%–1.5%/yr of price | Higher with age; roof & A/C are big tickets | |
Rule of thumb: LA "cheap tax, pricey insurance"; TX "cheap insurance, pricey tax." On a $250k home, annual carrying cost often lands $5,000–$9,000. The companion Rental ROI Calculator plugs these in and auto-computes cash flow.
07Selling Taxes — Capital Gains & FIRPTA
FIRPTA: withhold 15% first
When an NRA sells U.S. property, the buyer must withhold 15% of the price for the IRS. The base is price, not profit. Example: $400k buy, $500k sell → $75k withheld, far above the ~$100k actual profit's tax.
Withholding ≠ final tax. File the NR return (1040-NR) next year; the over-withheld portion is refunded. If cash is tight, apply for a withholding certificate (Form 8288-B) on actual profit. Exemption: price ≤ $300k and buyer occupies as primary residence.
Actual tax: capital gains
| Situation | Treatment |
|---|---|
| Held ≤ 1 yr | Ordinary graduated rates (up to ~37%) |
| Held > 1 yr | Long-term 0%/15%/20%; NRA usually 15%–20% |
| Net Investment Income Tax | NRA U.S. real-property gain generally not exempt; +3.8% |
| Deductions | Closing costs, capitalized improvements, selling commission; 1031 can defer the whole gain |
08The Red Line Most Ignore — NRA Estate Tax
This is the most important, least-asked chapter.
U.S. citizens/green-card holders get a federal estate-tax exemption over $13 million. A Non-Resident Alien's U.S.-situs assets (including real estate) get only a $60,000 exemption; the marginal rate runs 18%→40%.
Main countermeasures
| Approach | Notes |
|---|---|
| Hold via an LLC | Most common. Property owned by a U.S. LLC; owner holds LLC equity. On death, heirs inherit "company shares," avoiding direct U.S. real-property inheritance; also debt isolation & privacy |
| Foreign life insurance | Death benefit covers potential estate tax; heirs pay tax with proceeds, keep the property |
| Cross-border estate planning | Combine China inheritance notarization with cross-border legal advice; will & POA in advance |
| Joint tenancy (the trap) | NRA–NRA joint tenancy does NOT solve estate tax; design carefully |
091031 Exchange — Defer Gains on Investment Property
A 1031 Exchange lets you sell an investment property and, if you buy a qualifying replacement within the rules, defer the entire capital-gains tax — roll 100% of the taxed money into the next asset. In theory defer indefinitely; hold to death and heirs may get a "step-up" basis, zeroing the gain.
Core rules (one table)
| Rule | Detail |
|---|---|
| Investment/ business use only | Not primary residence; land, rentals, commercial all interchangeable |
| 45-day identification | Nominate up to 3 candidate replacements in writing within 45 days |
| 180-day close | Complete replacement closing within 180 days; both rigid |
| Must use a QI | Funds never touch your account — a Qualified Intermediary holds them; touching the money voids the exchange |
| Buy equal-or-bigger | Replacement net value & loan ≥ original, or the gap (Boot) is taxed now |
| Same taxpayer | Seller and buyer must be the same tax entity |
10Renting & Holding — Management, Taxes & Routine
Three operating models
| Model | Cost (typical) | Best for |
|---|---|---|
| Full service | 6%–10% of rent + lease-up fee | Owners in China wanting peace of mind |
| Lease-only | ~50%–100% of one month's rent | Local family/friends can help manage |
| Self-manage | $0 | Local, with time for repairs & collection |
Overseas owner tax obligations
- Must file: U.S. rental income → file 1040-NR. With proper deductions, most single-family rentals show a book loss or thin profit.
- ITIN: owners without an SSN need an Individual Taxpayer ID — file W-7 with first return + passport certification.
- Depreciation is a hidden perk: residential property depreciates over 27.5 yrs; a $300k home deducts ~$9k–11k/yr, lowering taxable rent profit.
- Repatriating rent: after-tax net profit sent abroad is generally not re-taxed by the U.S.
11Ten Pitfalls Chinese Buyers Most Often Hit
| # | Pitfall | One-line fix |
|---|---|---|
| 1 | Look only at price, ignore carrying cost | Plug tax, insurance, HOA, management into the calculator before offering |
| 2 | Wire to wrong account (hijacked) | Verify escrow account by phone; trust only the voice |
| 3 | Skip the flood-zone check | Pull the FEMA Flood Map; essential in LA |
| 4 | Buy HOA without reading docs | Read covenants, reserves, litigation records |
| 5 | Skimp the inspection | Independent third-party inspector |
| 6 | Ant-moving remittance | Compliant paths are slower but let you sleep |
| 7 | No estate-tax planning | NRA exemption only $60k — set up LLC before closing |
| 8 | Lose cost receipts at sale | Build a "purchase file" cloud folder from day one |
| 9 | Touch the 1031 money yourself | Funds stay only in the QI escrow |
| 10 | Pick an agent who "promises everything" | Choose a two-state licensed team that puts numbers in writing |
12What Beyond Realty Can Do For You
Beyond Realty is a Louisiana & Texas dual-licensed brokerage and asset manager headquartered in Lafayette, LA, serving greater Houston. Bilingual team, deep local knowledge.
Scope
| Area | What we do |
|---|---|
| Buyer agency | Needs analysis → video tours → offer negotiation → inspection & closing; remote buyers complete fully online |
| Commercial | Retail/office/multifamily/land screening, due diligence, negotiation; financing & construction resources |
| Property management | Leasing, rent collection, repairs, eviction, monthly statements — transparent flat-rate commitment |
| Financing & build | Local lender introductions (incl. foreign-national loans); in-house build management |
Put this guide to work
- The companion Louisiana / Texas Rental ROI Calculator computes Cap Rate, cash flow and a 5-year projection from any property's parameters;
- Send us your target property address for a real-data estimate and local rent reference;
- For commercial or 1031 needs, book a free 30-minute consult first.
Need the offline version? Download the full PDF · For a personalized estimate or consult, contact sophie.z@beyondrealtyusa.com or call (337) 967-5561.
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