Should I Buy Miami Property in My Personal Name, Through an LLC, or Another Structure?

By Roman Ivanov, REALTOR® at REAL | 786-909-4892 | MiamiFineLiving.net

This is one of the most consequential decisions a foreign national buyer makes — and it needs to be made before an offer is submitted, not after closing. The ownership structure you choose affects your tax exposure, liability protection, privacy, estate planning, and in some cases your ability to finance or rent the property. Here is how to think through this decision clearly for Miami FL real estate 2026.

Personal Name Ownership: Simple But Exposed

Buying in your personal name is the simplest structure — least paperwork, no entity formation costs, and the easiest path to homestead exemption if you eventually qualify. However, for foreign nationals, personal ownership carries serious exposure on two fronts. First, the U.S. estate tax applies to U.S. real property owned in a non-resident alien's personal name at death, with an exemption of only $60,000 — meaning a $2M property could trigger $800,000 or more in estate tax. Second, personal ownership exposes your entire personal financial picture to any liability arising from the property. For most international buyers, personal name ownership requires very careful analysis before proceeding.

LLC Ownership: The Most Common Structure for International Buyers

A U.S. LLC (Limited Liability Company) is the most commonly used ownership structure for foreign nationals purchasing Miami real estate, and for good reason. It separates the property from the owner's personal liability, creates a layer of privacy (LLCs in Florida do not publicly list members), and — when structured correctly — can eliminate U.S. estate tax exposure by converting the ownership interest from U.S. sited property to an interest in a foreign entity.

The typical structure used by international tax attorneys for foreign national buyers involves a U.S. LLC owned by a foreign holding company incorporated in a tax-favorable jurisdiction. This layered structure addresses both estate tax and FIRPTA considerations in a single framework. Aventura properties where corporate buyers are allowed and Coral Gables properties where daily rentals are allowed are examples of communities where LLC ownership is common and operationally straightforward.

"I always tell buyers: the cost of setting up the right ownership structure before purchase is a fraction of the tax exposure you are creating if you get it wrong. A good international tax attorney and $3,000 to $5,000 in entity formation can save hundreds of thousands of dollars in estate tax down the road." — Roman Ivanov, REALTOR at REAL

HOA and Building Restrictions on Entity Ownership

One important practical consideration: some condo associations and HOA communities restrict or place additional requirements on purchases by entities rather than individuals. Bal Harbour buildings requiring HOA approval and Fort Lauderdale communities with HOA approval requirements may require the entity's organizational documents, member identification, and operating agreements as part of their review process. This adds time — typically 30 to 60 days — to the closing timeline and needs to be factored in from the start.

Trust Structures for Estate Planning

For buyers with sophisticated estate planning needs, a U.S. irrevocable trust or a foreign trust structure may be appropriate — particularly when multiple family members will have ownership interests or when the property is one of multiple U.S. assets in a broader estate plan. Trust structures are more complex to establish and administer than LLCs but can offer additional flexibility for multi-generational ownership planning.

The Financing Complication

One important tradeoff: most foreign national lenders will not lend to an LLC — they require the loan to be in the buyer's personal name. If you are financing the purchase, you may need to acquire the property in your personal name and transfer it to an LLC after closing, which triggers its own documentary stamp tax and requires careful coordination with your lender and attorney. Key Biscayne properties between $2M and $4M and Golden Beach estates between $4M and $8M — both common international buyer targets — are frequently purchased in cash specifically to allow clean LLC ownership from day one.

Roman Ivanov, a 1-year veteran REALTOR at REAL with over 160 homes sold and 50 Google 5-star reviews, coordinates the ownership structure conversation with a U.S. international tax attorney for every foreign national client before the search begins. Roman Ivanov real estate REAL Miami FL clients make this decision with full information — not as an afterthought. Browse Bay Harbor Islands HOA communities to start evaluating which communities align with your intended ownership structure.