Investing in the US as a foreign investor

Investing in the US as a foreign investor

Member since 2020 · 201 posts · 118 votes

Hello all, how are you?

This is my first post at BiggerPockets. I have been browsing the forum for a few days, after reading a book on BRRRR. For me the concept of positive cash-flowing real estate (after servicing debt and any other costs) was a bit alien, as it is hard to apply in my country. I am from Spain and here it is not easy at all to find a property that meets the criteria to cash-flow positively after paying debt.

Basically properties are so overpriced in Spain that in order to obtain a positive yield using debt (leverage) one has to buy the property at:

1 - A court auction (this is painfully slow - and I mean years waiting - and on top of that the property has to be paid in full cash - no financing available by banks).

2 - Marginal neighbourhoods and run down areas where most people dont want to live.

3 - Luxury properties that only can cash flow when the real estate market is booming, and sometimes for a limited period of the year like summer season, or main holidays. This can be rented by weeks or through Airbnb, although the criteria to be able to rent through Airbnb are getting tougher, and now there is no tourism at all due to COVID-19. 

The banks in Spain are so ridiculous that their prices for REO properties are usually higher than buying a property from any real estate agent. The market for distressed properties is from very limited to non-existent for individual investors. The market for distressed properties is dominated by a bunch of US real estate funds like Lone Star, BlackRock etc and they get their properties from banks in packs of like 5.000 million euros worth of mixed real estate. The possibility of buying mortgage notes is also very limited for individuals, although one could give a mortgage at a high rate as a private lender.

So I thought, why not investing abroad in a market that is more investor-friendly? Let's check the US! I was having a look at Zillow.com and realtor.com and homepath.com, and it looks pretty good. I mean, where in Spain would you find a property on sale for 150k (plus rehab) in a neighbourhood where properties sell for an average of 400k? This product does not exist in my country.

I was wondering if there are investors from outside the US in the forum, and how they arrange their long-distance investments in the US. It would be great to get some guidance on this, and learn from the experience of others. I guess a foreign buyer is taxed partly in the US (property tax, and taxes related to the property) but it is NOT taxed in the US for capital gains, but in his or her country of tax residency. Is this correct?

I am also wondering if it is more tax efficient to invest in the US as a foreign individual or through an LLC incorporated in the US.. looking first at tax is probably the starting point.

Forgot to say, at this moment I dont need financing to invest.. it should be easier with cash I guess..

Well, looking forward to your replies!

Juan

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Rental Property Investor · Tysons Corner, VA · Member since 2016 · 51 posts · 13 votes
6y

Hola Juan,

Welcome! I'm not a foreign investor but I was in your boat a few years back. Cash purchasing can be easy enough in the US (cash is king, queen and jack!), however getting a loan is where it gets tricky. Lenders need to assess risk and without access to your history they may not lend at all. Hence cheap government-backed loans may not work without a US social security number, however many private lenders might be ok -at higher rates. Once you purchase you will have to file your US tax returns annually (state and federal) and if eventually you sell, the IRS will want to hear back as well. See link below.
https://www.irs.gov/individuals/international-taxpayers/firpta-withholding

I now work in the US but I'm facing the same problem in the reserve direction. I looked at buying an apartment for my mom in Spain. It didn't go very far!

What US regions / cities were you contemplating?

Dani.-

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  • Rental Property Investor · Tysons Corner, VA · Member since 2016 · 51 posts · 13 votes
    6y

    Hola Juan,

    Welcome! I'm not a foreign investor but I was in your boat a few years back. Cash purchasing can be easy enough in the US (cash is king, queen and jack!), however getting a loan is where it gets tricky. Lenders need to assess risk and without access to your history they may not lend at all. Hence cheap government-backed loans may not work without a US social security number, however many private lenders might be ok -at higher rates. Once you purchase you will have to file your US tax returns annually (state and federal) and if eventually you sell, the IRS will want to hear back as well. See link below.
    https://www.irs.gov/individuals/international-taxpayers/firpta-withholding

    I now work in the US but I'm facing the same problem in the reserve direction. I looked at buying an apartment for my mom in Spain. It didn't go very far!

    What US regions / cities were you contemplating?

    Dani.-

  • Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    6y

    Hi Juan,

    You may want to look up a gentleman named Billy Keels. He is an American who has been living in Barcelona and other parts of Europe for a long time. He invests back in the US and has a lot of knowledge on what it takes to invest from overseas, particularly for Europeans. If you need a link or an intro let me know.

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Daniel Alvarez:

    Hola Juan,

    Welcome! I'm not a foreign investor but I was in your boat a few years back. Cash purchasing can be easy enough in the US (cash is king, queen and jack!), however getting a loan is where it gets tricky. Lenders need to assess risk and without access to your history they may not lend at all. Hence cheap government-backed loans may not work without a US social security number, however many private lenders might be ok -at higher rates. Once you purchase you will have to file your US tax returns annually (state and federal) and if eventually you sell, the IRS will want to hear back as well. See link below.
    https://www.irs.gov/individuals/international-taxpayers/firpta-withholding

    I now work in the US but I'm facing the same problem in the reserve direction. I looked at buying an apartment for my mom in Spain. It didn't go very far!

    What US regions / cities were you contemplating?

    Dani.-

    Hola Dani, qué tal estás?

    I thought about not being able to finance (or refinance and take cash out) through an US bank right after I sent my initial post haha.. It is the same in Europe. If I went to another eurozone country I wouldnt be able to easily obtain financing to purchase real estate, so I have to buy with cash. This is a problem for Spanish people who go to work abroad (i.e. Switzerland) and want to purchase a home back in Spain, but cant get financing either from Switzerland or Spain. 

    Eurozone banks dont want to have to appraise or do any kind of due diligence work in foreign countries. That's the most clear sign of the absence of bank integration in the eurozone. Actually, it is very strange that a Swiss bank cannot do this, because they have teams that can speak pretty much any language, to cater to clients all over the world.

    I dont have a very specific idea about a location to invest yet. I wouldnt be able to invest in the most expensive areas, though. California seems to be experiencing a real estate bubble, specially SF and LA. A long long time ago I was offered the possibility to teach Spanish in SF but turned it down. At that time I might have been able to live there on that salary. Today it would be just impossible.

    I feel attracted to areas that are different from Spain, that maybe have more green or a colder weather, so have to rule out Arizona (although prices seem ok), California (expensive!) etc I was wondering who buys today in California, taking in account that some US real estate websites provide price history and it is apparent that prices just rocketed (the SF bubble extended to Oakland!).

    I like Chicago, the area around Washington, and (in my mind) states that I have not deeply researched and never set a foot on like Maine or North Carolina (Wilmington looks nice, on paper, I have to research). For instance, I had a look at this property in Chicago:

    https://www.zillow.com/homedetails/1872-S-Millard-Ave-Chicago-IL-60623/2087786512_zpid/?

    That property probably needs a costly renovation, and I would have to research its location, neighbourhood etc more, but seems to look good. It would be just impossible to buy something like that for just 99k in Spain.

    What about you? In which part of Spain do you want to buy? Maybe I can help you..

    Saludos,

    Juan

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Taylor L.:

    Hi Juan,

    You may want to look up a gentleman named Billy Keels. He is an American who has been living in Barcelona and other parts of Europe for a long time. He invests back in the US and has a lot of knowledge on what it takes to invest from overseas, particularly for Europeans. If you need a link or an intro let me know.

    Hi Taylor, 

    Yes, it would be great if you could introduce me to Billy Keels. I am going to have a look at your website. Looks good!

    Best,

    Juan

  • Investor · Barcelona & Valencia (Spain) · Member since 2017 · 322 posts · 177 votes
    6y

    Hi @Juan Pardo, where are you based in Spain? It seems that you already have build up some experience over here. 

    Erwin

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Erwin Groenendijk:

    Hi @Juan Pardo, where are you based in Spain? It seems that you already have build up some experience over here. 

    Erwin

    Hi Erwin, I am currently based in Barcelona, although I have lived in several places around Spain.

    Juan

  • Investor · Barcelona & Valencia (Spain) · Member since 2017 · 322 posts · 177 votes
    6y

    @Juan Pardo, sending you a message in private. Would be great to meet up and share experiences. We have been investing in multiple projects in and around Barcelona for some years and would be interesting to hear your view. 

  • Rental Property Investor · Tysons Corner, VA · Member since 2016 · 51 posts · 13 votes
    6y
    Originally posted by @Juan Pardo:
    Originally posted by @Daniel Alvarez:

    Hola Juan,

    Welcome! I'm not a foreign investor but I was in your boat a few years back. Cash purchasing can be easy enough in the US (cash is king, queen and jack!), however getting a loan is where it gets tricky. Lenders need to assess risk and without access to your history they may not lend at all. Hence cheap government-backed loans may not work without a US social security number, however many private lenders might be ok -at higher rates. Once you purchase you will have to file your US tax returns annually (state and federal) and if eventually you sell, the IRS will want to hear back as well. See link below.
    https://www.irs.gov/individuals/international-taxpayers/firpta-withholding

    I now work in the US but I'm facing the same problem in the reserve direction. I looked at buying an apartment for my mom in Spain. It didn't go very far!

    What US regions / cities were you contemplating?

    Dani.-

    Hola Dani, qué tal estás?

    I thought about not being able to finance (or refinance and take cash out) through an US bank right after I sent my initial post haha.. It is the same in Europe. If I went to another eurozone country I wouldnt be able to easily obtain financing to purchase real estate, so I have to buy with cash. This is a problem for Spanish people who go to work abroad (i.e. Switzerland) and want to purchase a home back in Spain, but cant get financing either from Switzerland or Spain. 

    Eurozone banks dont want to have to appraise or do any kind of due diligence work in foreign countries. That's the most clear sign of the absence of bank integration in the eurozone. Actually, it is very strange that a Swiss bank cannot do this, because they have teams that can speak pretty much any language, to cater to clients all over the world.

    I dont have a very specific idea about a location to invest yet. I wouldnt be able to invest in the most expensive areas, though. California seems to be experiencing a real estate bubble, specially SF and LA. A long long time ago I was offered the possibility to teach Spanish in SF but turned it down. At that time I might have been able to live there on that salary. Today it would be just impossible.

    I feel attracted to areas that are different from Spain, that maybe have more green or a colder weather, so have to rule out Arizona (although prices seem ok), California (expensive!) etc I was wondering who buys today in California, taking in account that some US real estate websites provide price history and it is apparent that prices just rocketed (the SF bubble extended to Oakland!).

    I like Chicago, the area around Washington, and (in my mind) states that I have not deeply researched and never set a foot on like Maine or North Carolina (Wilmington looks nice, on paper, I have to research). For instance, I had a look at this property in Chicago:

    https://www.zillow.com/homedet... property probably needs a costly renovation, and I would have to research its location, neighbourhood etc more, but seems to look good. It would be just impossible to buy something like that for just 99k in Spain.

    What about you? In which part of Spain do you want to buy? Maybe I can help you..

    Saludos,

    Juan



    @Juan Pardo

    Another resource you can use from the distance is Trulia.com, like Zillow but also showing neighborhood crime information that you can use to understand the area type. Then you can take your shortlist and reach out to a local resource (or BP) for more concrete insights.

    The missus and I are able to do REI as a personal interest and so far have a fairly low risk tolerance. For both those reasons we tend to lean toward turnkey properties in markets with solid rental demand (for instance where there're military bases) and below market value (like REOs). With much research, many conversations and a good pile of luck we're cash flowing on all properties and are trying to refinance two of our initial deposits out.

    In Spain I looked here I've got family, in Madrid's western suburbs (Majadahonda, Villanueva de la Cañada) and in Las Palmas (Canarias), where I'm originally from. Certain banks would go 50% LTV, others just wouldn't / couldn't work with me. I expected slowness but was surprised about the amount of small print and the poor communications and the inefficiency. Almost like a general lack of interest... We're definitely spoiled in the US. After spending 4 months of slow back and forth with UCI I had to pull out and jump on a short sale in the US.

    I think as long as there is poor transparency and old continent bureaucracy Eurozone investing for individuals will never come close to the United States. Such a lost economic opportunity, I would love to understand the circumstances better and try to work a way through it / around it. I say lower the barriers to entry and foreign capital will come, manage (price in) the risks and over time competition should do the rest... the lack of financial integration across euro countries just creates barriers, no? I don't see the upside. I found even large international banks operate largely in silos in Spain -albeit my experience has been VERY limited so far. Anyway, any thoughts or tips on lenders, process, contacts, etc. in Spain would certainly be extremely appreciated :)

    Also another exposure to think about I suppose is currency. The USD right now might be on the expensive side, and even if you find the cheapest forex broker or service (which btw I've worked with many and I really like TW), there is always potential for downside if / when you eventually want to repatriate capital...

    Un saludo!
    Dani.-

  • Investor · Barcelona & Valencia (Spain) · Member since 2017 · 322 posts · 177 votes
    6y

    @Daniel Alvarez, can help you with mortgage brokers or any other contacts from out of our multiple projects we have done, but have to agree that in Spain you can not avoid the traditional bureaucratic system in place. My main search is constantly talking with people/organisations to see if creative financing in any way is possible, but most of the time being disappointed that it is not the case while in other countries like the US or the UK it is the most common thing to do. This is not making us stop though, and getting bit by bit to where we want to be.

    However, the upside of this is that there are way more opportunities in Spain as in the US because here there is no overall investing mentality or the widely accepted possibilities. Making your way through good contacts (within banks), or rather avoiding them if you have cash and are willing to let it stuck in some deals, there is good potential.

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Daniel Alvarez:
    Originally posted by @Juan Pardo:
    Originally posted by @Daniel Alvarez:

    Hola Juan,

    Welcome! I'm not a foreign investor but I was in your boat a few years back. Cash purchasing can be easy enough in the US (cash is king, queen and jack!), however getting a loan is where it gets tricky. Lenders need to assess risk and without access to your history they may not lend at all. Hence cheap government-backed loans may not work without a US social security number, however many private lenders might be ok -at higher rates. Once you purchase you will have to file your US tax returns annually (state and federal) and if eventually you sell, the IRS will want to hear back as well. See link below.
    https://www.irs.gov/individuals/international-taxpayers/firpta-withholding

    I now work in the US but I'm facing the same problem in the reserve direction. I looked at buying an apartment for my mom in Spain. It didn't go very far!

    What US regions / cities were you contemplating?

    Dani.-

    Hola Dani, qué tal estás?

    I thought about not being able to finance (or refinance and take cash out) through an US bank right after I sent my initial post haha.. It is the same in Europe. If I went to another eurozone country I wouldnt be able to easily obtain financing to purchase real estate, so I have to buy with cash. This is a problem for Spanish people who go to work abroad (i.e. Switzerland) and want to purchase a home back in Spain, but cant get financing either from Switzerland or Spain. 

    Eurozone banks dont want to have to appraise or do any kind of due diligence work in foreign countries. That's the most clear sign of the absence of bank integration in the eurozone. Actually, it is very strange that a Swiss bank cannot do this, because they have teams that can speak pretty much any language, to cater to clients all over the world.

    I dont have a very specific idea about a location to invest yet. I wouldnt be able to invest in the most expensive areas, though. California seems to be experiencing a real estate bubble, specially SF and LA. A long long time ago I was offered the possibility to teach Spanish in SF but turned it down. At that time I might have been able to live there on that salary. Today it would be just impossible.

    I feel attracted to areas that are different from Spain, that maybe have more green or a colder weather, so have to rule out Arizona (although prices seem ok), California (expensive!) etc I was wondering who buys today in California, taking in account that some US real estate websites provide price history and it is apparent that prices just rocketed (the SF bubble extended to Oakland!).

    I like Chicago, the area around Washington, and (in my mind) states that I have not deeply researched and never set a foot on like Maine or North Carolina (Wilmington looks nice, on paper, I have to research). For instance, I had a look at this property in Chicago:

    https://www.zillow.com/homedet... property probably needs a costly renovation, and I would have to research its location, neighbourhood etc more, but seems to look good. It would be just impossible to buy something like that for just 99k in Spain.

    What about you? In which part of Spain do you want to buy? Maybe I can help you..

    Saludos,

    Juan



    @Juan Pardo

    Another resource you can use from the distance is Trulia.com, like Zillow but also showing neighborhood crime information that you can use to understand the area type. Then you can take your shortlist and reach out to a local resource (or BP) for more concrete insights.

    The missus and I are able to do REI as a personal interest and so far have a fairly low risk tolerance. For both those reasons we tend to lean toward turnkey properties in markets with solid rental demand (for instance where there're military bases) and below market value (like REOs). With much research, many conversations and a good pile of luck we're cash flowing on all properties and are trying to refinance two of our initial deposits out.

    In Spain I looked here I've got family, in Madrid's western suburbs (Majadahonda, Villanueva de la Cañada) and in Las Palmas (Canarias), where I'm originally from. Certain banks would go 50% LTV, others just wouldn't / couldn't work with me. I expected slowness but was surprised about the amount of small print and the poor communications and the inefficiency. Almost like a general lack of interest... We're definitely spoiled in the US. After spending 4 months of slow back and forth with UCI I had to pull out and jump on a short sale in the US.

    I think as long as there is poor transparency and old continent bureaucracy Eurozone investing for individuals will never come close to the United States. Such a lost economic opportunity, I would love to understand the circumstances better and try to work a way through it / around it. I say lower the barriers to entry and foreign capital will come, manage (price in) the risks and over time competition should do the rest... the lack of financial integration across euro countries just creates barriers, no? I don't see the upside. I found even large international banks operate largely in silos in Spain -albeit my experience has been VERY limited so far. Anyway, any thoughts or tips on lenders, process, contacts, etc. in Spain would certainly be extremely appreciated :)

    Also another exposure to think about I suppose is currency. The USD right now might be on the expensive side, and even if you find the cheapest forex broker or service (which btw I've worked with many and I really like TW), there is always potential for downside if / when you eventually want to repatriate capital...

    Un saludo!
    Dani.-

     Hola Dani,

    I've had a look at Trulia, and saw the crime info and also the other users comments, which are really useful to get an initial feeling of how's the neighbourhood. I am just educating myself on the US market. I was looking at historical prices (very general information, for the whole country) on Zillow, and the real estate market seems to be pretty high:

    https://www.zillow.com/home-va...

    However, properties do not seem so expensive to me as compared to Barcelona (but Barcelona is one of the most expensive places to buy in Spain). For instance I had a look at this apartment, not from an investment perspective:

    https://www.trulia.com/p/il/ch...

    To me that price for a primary residence does not look crazy, but I notice that montly HOA (for that property is over 400 USD / month) is really expensive in the US, and I dont really understand the property tax. I guess for that property it is 5,808 USD per year. This is significantly more expensive than in Spain. In Spain we pay monthly the condominium of co-owners fee (for flats, apartments, in a building), and then we pay individually, each owner pays for heating, water etc The montly fee in Spain can be around 80 euros on average. And property tax maybe 1.000 euros on average per year, for a flat.

    Does HOA include utilities, like water, heating etc? Why is it so expensive? it cannot include just the maintenance of common areas in a building..

    I looked at property tax for this other property, which is a lot less, 1,818 USD / year, but HOA is higher (696 USD monthly), so I am confused. Why property tax is cheaper for this property and HOA higher?

    https://www.trulia.com/p/il/ch...

    I had a look at a SFH just to see what info Trulia displays, and there are comparable properties listed, and the prices they were sold for, and also a price history for the property advertised. Where does Trulia get the historial price information and comparables from? Is it data provided by some official agency in the US? Or is it data collected by Trulia on its own?

    https://www.trulia.com/p/il/ch...

    I imagine there are strategies to buy and sell property based on the historical prices listed at Trulia. I saw one property that was advertised for a low price and then sold much higher. Does that mean that multiple buyers bid on the property and raised the price?

    As for Spain: as an investment near Madrid I recommend you to look at the cities along the A-2 highway (Vicálvaro, Coslada, San Fernando, etc). The rental market is strong there and prices are more competitive than on more expensive areas around Madrid like Majadahonda, Pozuelo (very expensive), Las Rozas, Boadilla (expensive, Banco Santander is headquartered there).

    Regarding Las Palmas. I have lived there. Prices are pretty high now and are, in general, higher than the rest of Spain due to tourism and foreign buyers (second residence). Prices in Spain have been climbing for 7 years. If I were to make an investment there, I would look for a house to tear down that has buildability (you can build so many sq mt). In general, if you look at a particular street and you see an old house (one storey) and next to it a building with 4 storeys, it is very likely that the old house has buildability up to 4 storeys (you can tear down the house and build a 4-storey building there). This has to be double checked at the local urban planning department, and you may look directly at the PGOU (Plan General de Ordenación Urbana) and other zoning provisions. There were houses like that at the area of the city called "La Isleta".

    For some reason many people like to live in Ciudad Alta, for instance, La Minilla, which is, in my opinion, overpriced, or at some landmark building, like the Sol y Vistas building, which I find overpriced too (and some apartments do not have a great layout really).

    Siete Palmas, near Negrín Hospital, has some nice buildings too, but it is a bit disconnected from the city. It is easy to go to the beach from La Minilla.

    Regarding European banks, yes, they are incredibly slow and bureaucratic. They can certainly make a deal NOT happen, so in order to buy fast, and properties at reduce prices it is important to have cash, at least an amount that will make the deal work, even if the bank is slow (around 25%-30% of the price). The situation can be even worse in other countries in Europe. I have been looking at properties in Eastern Europe, in countries where I cannot even read the cyrillic alphabet, or with complicated languages.

    UCI is one of the most flexible big lenders in Spain. Big banks should be even worse, slower and let you borrow less.

    In Spain the investment funds do find flexibility, but they buy property in the bulk, thousands of millions of euros worth of property, in packages. The process is only slow because their legal teams have to review everything during the due diligence process and their brokers also need to adjust prices after due diligence is carried out.

    For an individual investor to make a good deal in Spain, with a big discount, one has to find the deal outside the real estate websites (not on idealista.es or fotocasa.es). You have to find the deal by word of mouth, or through some notary public you know, or through a lawyer that deals with inheritances, or at court auctions (and this is really really slow, and takes a deposit that wont be refunded if the deal analysis was wrong - information on the auctioned property is also limited, you cannot see the property at all, or any pictures). You can buy "nuda propiedad" too, but this is complicated and risky. Be careful with properties for sale saying "ideal para inversores" (for investors) because it usually means it is risky and if you see this adversited at a real estate website it is very likely going to be overpriced. The really good deals are seldom on the Internet.

    As for the US, I was wondering if there is also this "off market" where an investor can find heavy discounts through leads, lawyers, notary publics etc. I have read people do a lot of massive mailing etc Is it possible to buy a list with owner's phones to contact them by phone?

    Saludos,

    Juan

  • Crystal SmithPro Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2014 · 2k+ posts · 1k+ votes
    6y
    Originally posted by @Juan Pardo:

    Hello all, how are you?

    This is my first post at BiggerPockets. I have been browsing the forum for a few days, after reading a book on BRRRR. For me the concept of positive cash-flowing real estate (after servicing debt and any other costs) was a bit alien, as it is hard to apply in my country. I am from Spain and here it is not easy at all to find a property that meets the criteria to cash-flow positively after paying debt.

    Basically properties are so overpriced in Spain that in order to obtain a positive yield using debt (leverage) one has to buy the property at:

    1 - A court auction (this is painfully slow - and I mean years waiting - and on top of that the property has to be paid in full cash - no financing available by banks).

    2 - Marginal neighbourhoods and run down areas where most people dont want to live.

    3 - Luxury properties that only can cash flow when the real estate market is booming, and sometimes for a limited period of the year like summer season, or main holidays. This can be rented by weeks or through Airbnb, although the criteria to be able to rent through Airbnb are getting tougher, and now there is no tourism at all due to COVID-19. 

    The banks in Spain are so ridiculous that their prices for REO properties are usually higher than buying a property from any real estate agent. The market for distressed properties is from very limited to non-existent for individual investors. The market for distressed properties is dominated by a bunch of US real estate funds like Lone Star, BlackRock etc and they get their properties from banks in packs of like 5.000 million euros worth of mixed real estate. The possibility of buying mortgage notes is also very limited for individuals, although one could give a mortgage at a high rate as a private lender.

    So I thought, why not investing abroad in a market that is more investor-friendly? Let's check the US! I was having a look at Zillow.com and realtor.com and homepath.com, and it looks pretty good. I mean, where in Spain would you find a property on sale for 150k (plus rehab) in a neighbourhood where properties sell for an average of 400k? This product does not exist in my country.

    I was wondering if there are investors from outside the US in the forum, and how they arrange their long-distance investments in the US. It would be great to get some guidance on this, and learn from the experience of others. I guess a foreign buyer is taxed partly in the US (property tax, and taxes related to the property) but it is NOT taxed in the US for capital gains, but in his or her country of tax residency. Is this correct?

    I am also wondering if it is more tax efficient to invest in the US as a foreign individual or through an LLC incorporated in the US.. looking first at tax is probably the starting point.

    Forgot to say, at this moment I dont need financing to invest.. it should be easier with cash I guess..

    Well, looking forward to your replies!

    Juan

    We've worked with investors from Australia and Canada. I'll drop you a PM & make an introduction so you can compare notes. 

  • Rental Property Investor · Tysons Corner, VA · Member since 2016 · 51 posts · 13 votes
    6y

    @Erwin Groenendijk thanks I will definitely ping you when the time comes. I’m expecting some cash from the refis that I’ll need to put to work and Spain is definitely an option. A strong USD / EUR helps -against the poor macroeconomics and the political / social unrest...

    And I’m really glad to see the positive energy in a market that seems a bit rigged relative to other developed countries. I’m convinced real estate dynamics in Spain will eventually catch up and be modernized (after reforming the political and banking systems, in that order). Not holding my breath just yet...

  • Rental Property Investor · Tysons Corner, VA · Member since 2016 · 51 posts · 13 votes
    6y

    @Juan Pardo wow it looks like we could have been neighbors! I grew up in Las Canteras and know the city well.

    The property I was closest on buying was in La Isleta. I concur this is were there may still be opportunity, albeit it’s slim pickings. The AirBnB boom has shot prices up beyond reason, and it seemed to me the market is now fairly stagnant. Btw your insights around obtaining property leads and financing were very insightful, many thanks. I am curious if something like seller financing is or can be done in Spain at all.

    It’s interesting to me that I was faced with similar questions you have about the US when I looking at apartments in Spain. I wasn’t 100% clear how taxes worked, la comunidad, or property liens and title (as I found out there’s no such thing as title insurance). So I fully appreciate where you’re coming from.

    The operating costs in the US for the typical property is often referred to as PITIA, as in the loan Principal repayment, loan Interest, property Taxes, property Insurance and sometimes Association fees. On top of that you then have maintenance and the more discretionary items like property management commissions, mortgage insurance, capex, etc. This cost structure probably applies to the vast majority of residential properties in the US.

    Diving into the more bespoke ones, the “TIA”. Taxes are based on state/county/city laws, sometimes all three stacked up, and you can find them all fairly easily and accurately online. A note aside I find red states (republican) not only tend to have lower property taxes but also more landlord friendly laws. In terms of escalation over time in my experience taxes can actually grow above appreciation, and while it can definitely sting, choosing the right market can be a natural hedge of sorts. One of my properties in Colorado went from $600 to $1k p.a. in taxes in just three years... a 20% average annual increase. I just had it appraised as part of refinancing and it’s value is up a good $70k over same period...

    Rental insurance can vary quite drastically, on my rentals it ranges from $400 to $1k p.a. based on state laws, house specs and coverage. It’s of course important to have (mandatory if you have a loan) to protect against severe damage and liability.

    Then there's association fees, also HOA or condo fees. While SFHs often times have no HOA, townhomes (adosados) usually will. Practically speaking a basic HOA for SFHs and THs provides maintenance of common areas (landscaping, snow removal, maybe trash removal) and a master insurance that sometimes covers the exterior of the building. Hail storms are common in Colorado and damage can be nasty. HOA can achieve significant economies of scale with a master policy. In terms of cost say a basic HOA can run up to a couple hundred a month. Another whole level up is condominiums, large apartment buildings and gated communities - all of which can show as HOA fee as well. I've seen these fees hit $1k+ a month, which can be convenient if you have a boat to dock or want squash courts and a state of the art gym in your building. Investment wise I almost always struggle to make the numbers work on these. Even if rents are high enough only a low purchase price might mitigate the costly vacancy risk.

    So the apartments you've seen will be priced to account for steep monthly fees, which go to pay for the doorman, pool maintenance, security, usually some but not all utilities, etc. I remember being fascinated by a loft-style 3 bedroom apartment in a busy, historic downtown area, with floor to ceiling windows and fully renovated inside, priced at a salivating $220k. After spending too much time contacting agents I came to find about the $700/mo HOA. Thankfully Zillow and the others are getting better are publishing these up front. For some reason Redfin seems for be slightly better at it.

    In terms of finding deals I find Zillow, Redfin, Trulia to be great tools. I probably peek in a few times a week, mostly leisurely. But sometimes I come across good leads. Most of the data in all these platforms is based off the MLS database, a centralized nationwide paid service that realtors access to list, buy, sell real estate. The biggest limitation is of course that what you see for free everyone else sees, so good deals go fast. But it has a record of every property ever listed on it, which is effectively every one sold or bought by a licensed agent. The prices you see from recent sales comes from the MLS, which is used by these websites to estimate house values using past sales and comps. Just note they also aggregate information from other sources so sometimes you see weird sales data.

    There are of course many other options to find leads, none of which I have any experience with. The amount of publicly available information on most US properties is truly staggering. You can read in BP from full time and hardcore investors about their many techniques, like “driving for dollars”, mailing campaigns, cold calling, etc.

    Then you have auctions of various kinds, which I’d say require special skills (and usually all cash payments with no contingencies). A google search will bring up the big auction websites.

    And more and more there are also sites popping up dedicated to brokering REI, offering data services or even cash flowing rentals not seen in MLS -probably at a slight premium.

    Here are a few examples I could find in my recent browser history:

    tranzon.com

    roofstock.com

    loopnet.com

    propertyradar.com

    Apologies for the long post, probably not great forum etiquette so hopefully helpful to others as well!

    Saludos,

    Dani.-

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    6y
    Originally posted by @Juan Pardo:

     I guess a foreign buyer is taxed partly in the US (property tax, and taxes related to the property) but it is NOT taxed in the US for capital gains, but in his or her country of tax residency. Is this correct? 

    Capital Gains on the sale of real estate will be subject to FIRPTA and there are tax consequences. 
    Capital gains on stocks are normally exempt from having to paying tax.

    Make sure to check the US-Spain Treaty before investing in the US or atleast work with a professional who understands US/Foreign taxation.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    6y

    You'll most likely want to obtain an ITIN (Individual Tax Identification Number) similar to a US citizen's Social Security Number. Then hire an attorney to create an LLC in the state you plan to invest in and obtain an EIN (Eployer Identification Number) for the LLC. There are more tax advantages to this strategy versus buying a property in your name with just the ITIN.

    Regarding loans, they are hard to get with just your ITIN - you can't get a traditional FNMA or FHLMC mortgage. It's actually easier to get a business loan with the LLC & EIN if the loan amount isn't too small.

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Drew Sygit:

    You'll most likely want to obtain an ITIN (Individual Tax Identification Number) similar to a US citizen's Social Security Number. Then hire an attorney to create an LLC in the state you plan to invest in and obtain an EIN (Eployer Identification Number) for the LLC. There are more tax advantages to this strategy versus buying a property in your name with just the ITIN.

    Regarding loans, they are hard to get with just your ITIN - you can't get a traditional FNMA or FHLMC mortgage. It's actually easier to get a business loan with the LLC & EIN if the loan amount isn't too small.


    Hi Drew! Thanks for your input! Is there a particular state where I should want to incorporate the LLC? Delaware?

    I really have to look at the taxation. For instance, funds investing in my country.. if they wanted to buy a hotel, they would probably use 2 Dutch BVs for it. Or a Swiss investor purchasing with cash a property in a luxury beach resort would probably use a company in Gibraltar.

    Taxation is always the hardest part of the equation!

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Daniel Alvarez:

    @Juan Pardo wow it looks like we could have been neighbors! I grew up in Las Canteras and know the city well.

    The property I was closest on buying was in La Isleta. I concur this is were there may still be opportunity, albeit it’s slim pickings. The AirBnB boom has shot prices up beyond reason, and it seemed to me the market is now fairly stagnant. Btw your insights around obtaining property leads and financing were very insightful, many thanks. I am curious if something like seller financing is or can be done in Spain at all.

    It’s interesting to me that I was faced with similar questions you have about the US when I looking at apartments in Spain. I wasn’t 100% clear how taxes worked, la comunidad, or property liens and title (as I found out there’s no such thing as title insurance). So I fully appreciate where you’re coming from.

    The operating costs in the US for the typical property is often referred to as PITIA, as in the loan Principal repayment, loan Interest, property Taxes, property Insurance and sometimes Association fees. On top of that you then have maintenance and the more discretionary items like property management commissions, mortgage insurance, capex, etc. This cost structure probably applies to the vast majority of residential properties in the US.

    Diving into the more bespoke ones, the “TIA”. Taxes are based on state/county/city laws, sometimes all three stacked up, and you can find them all fairly easily and accurately online. A note aside I find red states (republican) not only tend to have lower property taxes but also more landlord friendly laws. In terms of escalation over time in my experience taxes can actually grow above appreciation, and while it can definitely sting, choosing the right market can be a natural hedge of sorts. One of my properties in Colorado went from $600 to $1k p.a. in taxes in just three years... a 20% average annual increase. I just had it appraised as part of refinancing and it’s value is up a good $70k over same period...

    Rental insurance can vary quite drastically, on my rentals it ranges from $400 to $1k p.a. based on state laws, house specs and coverage. It’s of course important to have (mandatory if you have a loan) to protect against severe damage and liability.

    Then there's association fees, also HOA or condo fees. While SFHs often times have no HOA, townhomes (adosados) usually will. Practically speaking a basic HOA for SFHs and THs provides maintenance of common areas (landscaping, snow removal, maybe trash removal) and a master insurance that sometimes covers the exterior of the building. Hail storms are common in Colorado and damage can be nasty. HOA can achieve significant economies of scale with a master policy. In terms of cost say a basic HOA can run up to a couple hundred a month. Another whole level up is condominiums, large apartment buildings and gated communities - all of which can show as HOA fee as well. I've seen these fees hit $1k+ a month, which can be convenient if you have a boat to dock or want squash courts and a state of the art gym in your building. Investment wise I almost always struggle to make the numbers work on these. Even if rents are high enough only a low purchase price might mitigate the costly vacancy risk.

    So the apartments you've seen will be priced to account for steep monthly fees, which go to pay for the doorman, pool maintenance, security, usually some but not all utilities, etc. I remember being fascinated by a loft-style 3 bedroom apartment in a busy, historic downtown area, with floor to ceiling windows and fully renovated inside, priced at a salivating $220k. After spending too much time contacting agents I came to find about the $700/mo HOA. Thankfully Zillow and the others are getting better are publishing these up front. For some reason Redfin seems for be slightly better at it.

    In terms of finding deals I find Zillow, Redfin, Trulia to be great tools. I probably peek in a few times a week, mostly leisurely. But sometimes I come across good leads. Most of the data in all these platforms is based off the MLS database, a centralized nationwide paid service that realtors access to list, buy, sell real estate. The biggest limitation is of course that what you see for free everyone else sees, so good deals go fast. But it has a record of every property ever listed on it, which is effectively every one sold or bought by a licensed agent. The prices you see from recent sales comes from the MLS, which is used by these websites to estimate house values using past sales and comps. Just note they also aggregate information from other sources so sometimes you see weird sales data.

    There are of course many other options to find leads, none of which I have any experience with. The amount of publicly available information on most US properties is truly staggering. You can read in BP from full time and hardcore investors about their many techniques, like “driving for dollars”, mailing campaigns, cold calling, etc.

    Then you have auctions of various kinds, which I’d say require special skills (and usually all cash payments with no contingencies). A google search will bring up the big auction websites.

    And more and more there are also sites popping up dedicated to brokering REI, offering data services or even cash flowing rentals not seen in MLS -probably at a slight premium.

    Here are a few examples I could find in my recent browser history:

    tranzon.com

    roofstock.com

    loopnet.com

    propertyradar.com

    Apologies for the long post, probably not great forum etiquette so hopefully helpful to others as well!

    Saludos,

    Dani.-

    Amazing post! Very informative. It seems in the US it may be more "luxurious" to own an apartment in a building than a regular detached house. That's so different from Spain!

    I had a brief look at "La Isleta" on idealista, and it seems most of the run down properties that were for sale 2 years ago are gone. This may seem normal in a normally performing real estate market, but not for Spain. It means someone has snapped up all the properties and is either holding them for resale (I saw one, advertised at maybe twice it's real price) or thinking to build them up over the long term and turn them into a rental building.

    Another area where speculation is rampant is Cabanyal, in Valencia. There have been rumours about a new zoning for like at least 15 years (and we are still waiting) but several investors starting buying the old houses near the sea (they cannot be rented because they are totally destroyed) in the hope of appreciation. Just to provide some numbers: 4 years ago one could buy a house (to tear down, two-storeys) for 30k and now they may be asking 60k per storey (120k for the house - for full renovation). Spain is tricky because one has to know these particular dynamics before investing here.

     Saludos,

    Juan

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Basit Siddiqi:
    Originally posted by @Juan Pardo:

     I guess a foreign buyer is taxed partly in the US (property tax, and taxes related to the property) but it is NOT taxed in the US for capital gains, but in his or her country of tax residency. Is this correct? 

    Capital Gains on the sale of real estate will be subject to FIRPTA and there are tax consequences. 
    Capital gains on stocks are normally exempt from having to paying tax.

    Make sure to check the US-Spain Treaty before investing in the US or atleast work with a professional who understands US/Foreign taxation.

    Hi Basit, thanks for your input! If I hire a tax attorney in the US, are they familiar with taxation in the whole country or just in their state?

     I mean, can I hire let's say a Delaware attorney and expect taxation advice about (i) the tax structure to use for an investment to pay very few tax or no tax, including the incorporation of one or several companies in one or several states; (ii) the way to repatriate capital gains or rental income to Spain or other jurisdiction.

  • Rental Property Investor · Tysons Corner, VA · Member since 2016 · 51 posts · 13 votes
    6y

    Hola Juan, yes apartments certainly are a different class, and I'd say tend to attract a different kind of tenant as well. For the right price it would seem that it can be a low maintenance option with many perks for tenants and possibly decent returns.

    On property financing in Spain, do you know if "seller financing" is practiced at all there, and if so under what circumstances / legal processes. This is where the purchaser buys the property and the seller owns the mortgage note so to speak, collecting monthly payments. I don't know the specifics but I understand it can resolve a few financing hurdles. And that could open a few doors in Spain. Per your post agents / firms with deep pockets seem to hold most of the cards when it comes to investing, and it's hard to compete with that as one or a few individuals trying to make a difference. 

    On a separate note (no pun intended), in the US you can also purchase mortgage notes directly. In other words, become the direct holder of the mortgage note (like a bank) and collect payments through a loan servicer, with the property as collateral. Check out notesdirect.com, if your're curious it's free to sign up and browse property loans for sale (performing, non-performing, REO).

    And there're many other platforms for investing in larger RE developments via crowd-sourcing and leveraging your IRA and take advantage of some serious tax benefits. I'd be happy to send you a few more examples if you're interested.

    It just fascinates me how a relatively savvy (or not, really, I'm self-taught) individual can invest in virtually anything in the US, of course at your own risk -versus the Spain mentality of "don't worry about your future, the State will take care of it", with absolutely no transparency on how much they collect from you or how much you will get, or any serious guarantees these days (we'll see who actually collects la seguridad social in a few years). I don't mean to rant about Spain -I realize I do it often here- but I think there is value in uncovering the stark differences as a means to inform and slowly bring change...

    Un saludo,
    Dani.-

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    6y

    @Juan Pardo the most common reason investors open LLC's in the states other than where they buy their properties, is for asset protection. The other reason is to save LLC setup and annual fee expenses.

    Many states will require an LLC from another state, to register in their state to legally do business AND pay a fee.

  • Member since 2020 · 201 posts · 118 votes
    6y
    Originally posted by @Daniel Alvarez:

    Hola Juan, yes apartments certainly are a different class, and I'd say tend to attract a different kind of tenant as well. For the right price it would seem that it can be a low maintenance option with many perks for tenants and possibly decent returns.

    On property financing in Spain, do you know if "seller financing" is practiced at all there, and if so under what circumstances / legal processes. This is where the purchaser buys the property and the seller owns the mortgage note so to speak, collecting monthly payments. I don't know the specifics but I understand it can resolve a few financing hurdles. And that could open a few doors in Spain. Per your post agents / firms with deep pockets seem to hold most of the cards when it comes to investing, and it's hard to compete with that as one or a few individuals trying to make a difference. 

    On a separate note (no pun intended), in the US you can also purchase mortgage notes directly. In other words, become the direct holder of the mortgage note (like a bank) and collect payments through a loan servicer, with the property as collateral. Check out notesdirect.com, if your're curious it's free to sign up and browse property loans for sale (performing, non-performing, REO).

    And there're many other platforms for investing in larger RE developments via crowd-sourcing and leveraging your IRA and take advantage of some serious tax benefits. I'd be happy to send you a few more examples if you're interested.

    It just fascinates me how a relatively savvy (or not, really, I'm self-taught) individual can invest in virtually anything in the US, of course at your own risk -versus the Spain mentality of "don't worry about your future, the State will take care of it", with absolutely no transparency on how much they collect from you or how much you will get, or any serious guarantees these days (we'll see who actually collects la seguridad social in a few years). I don't mean to rant about Spain -I realize I do it often here- but I think there is value in uncovering the stark differences as a means to inform and slowly bring change...

    Un saludo,
    Dani.-

    Hola Dani, seller financing is not common at all in Spain. A seller offered me this kind of financing once, in 2012, and this was for a 400k SFH. The seller's idea was a down payment of 200k and then 2k per month, so it would not have solved lack of financing. I did not buy. I went to see this home "por compromiso" and I didn't really like it but it was interesting to see the seller's pitch of seller financing.

    Only a desperate seller would offer this option in Spain, as the seller would not be able to transfer that mortgage easily to a third party to get the full price for the transaction. Actually it is common that sellers who own fully paid homes and are cash-flowing over 30k a year on a long-term rental (on expensive homes) prefer to sell the property instead of continue renting.

    To sum up, seller financing can be done but it is not a normal market practice. Also, if someone were to draft a private mortgage encumbering my property I would have it reviewed in detail, very carefully, by a real estate lawyer.

    I am going to have a look at notesdirect.com and will comment on it.

    Spain, in my opinion, is a difficult market that, on the surface, looks easier. There are opportunities, but due to bureaucracy, the slow pace of courts regarding evictions, laws that protects tenants too much, and the general feeling that the government can pull the rug under your feet at any moment, one has to be careful.

    The problem with Spain is not about people's mindset, or lack of skills.. it is more about months that may become years (incredibly slow), and lack of confidence in courts or justice in general. People know this and they give up fighting, it is just something that has gone on for too long and the general feeling is that this unacceptable situation cannot be changed in the short term. 

    For instance landlords are forced to negotiate to avoid litigation: a landlord may have to tolerate behaviours in breach of lease agreements to avoid a greater financial loss or damage to the leased property. Therefore, proper tenant screening is key. Under the current Landlord and Tenant Act (Ley de Arrendamientos Urbanos) the standard term of a lease for residential property is up to 5 year (mandatory for the landlord, and the tenant is entitled to move after 6 months without penalty, giving prior notice).

    In Barcelona there is even a Tenant Union! There are also frequent problems with squatters all over Spain, and town halls, local governments, courts, are very lenient on them.

    Basically in Spain if a tenant stops paying or squatters break into a property, the owner is in big trouble, and totally unprotected. This is hardly surprising taking into account who is in power now.. that's why I am thinking of investing abroad. It has to be better than Spain for sure!

    Saludos,

    Juan

  • Interior Decorator · Barcelona · Member since 2016 · 75 posts · 60 votes
    6y

    Hola Juan, 

    I´m an American real estate agent and interior designer currently living in Barcelona (1 year) and was successfully flipping houses in Boston, MA and in Maine before moving here. I had an LLC there (taxed as an S-corp) for my investments and avoided capital gains taxes that way. In my experience, states like MA will require you to register your LLC there if your income comes from MA whether or not your LLC is located in another state so you´d have to pay double taxes if it was in Delaware or Nevada (most popular for asset protection). Just make sure to do research on which states do business like this. It made more sense for me to just have an LLC in each state I was investing in to avoid paying twice. A lot of people will also have an LLC for each property, i.e 123 Main St LLC. It gets pricey in some instances such as MA because its around $550 to start an LLC every time but you will be protected better in case some tenant tries to sue you and take everything under your company (multiple properties under one LLC means then can go after all of them if its serious enough).

    I do know MA (around Boston) and areas of NH and ME very well that have great returns, especially for BRRRR since the rental prices are high there. It´s also more desirable to be in a condo within a multi-family rather than a larger building which is opposite of what was stated above. If you find yourself with any interest in the New England, don´t hesitate to reach out! I have accountants, attorneys, real estate agents and contractors throughout those states.

  • Hackensack, NJ · Member since 2020 · 18 posts · 5 votes
    6y

    @Juan Pardo I am not a Financial advisor or a CPA. You may want to consult one of them for tax advise. What I can share with you is that you can become an investor in the US very easily. Buying a REIT that pays you dividends is one way. They will invest your money for you and pay you a return on your investment.

    Instead of going to the court house , buying from real estate agents and all the places you mentioned above ; go directly to the source. Every state has a county data base online of distressed properties. They have to post them before they go to auction. Some states have a 3 month foreclosure period. Other states have 2 years foreclosure period. When you get the list of names; contact them directly and see how you can help. You said you don’t need cash to invest. So maybe after coming up with a fair contract price ; you will be able to buy the house directly from the seller before it goes to foreclosure sale.

    There are many other ways you can invest in the US. Do your research and I wish you all the best.

  • Investor · Valencia, Spain · Member since 2020 · 16 posts · 3 votes
    6y

    Hi Juan! I am an out-of-county investor living in Valencia, Spain. I have investments in Las Vegas, Nevada. I am also investing here in Valencia. I'll send you a message. I can share some of my experience dealing with properties, tax implications, and property management. 

  • Investor · London · Member since 2017 · 160 posts · 82 votes
    6y

    Hello Juan, I'm based in the UK and have invested in the past in the US. I know rules in the UK are different to Spain but here are the types of things to consider: 

    how does Spain tax offshore income? How does it tax offshore capital gains? By offshore I mean, US for you. For example does the Spanish-US tax treaty recognise income/capital gains in in the same way? 

    Since I am domiciled in the UK, my offshore investments in the US are brought back onshore here and for example I can't treat US mortgage interest as a full expense. An LLC in the US would insulate me from that problem but then it opens a new problem that US LLCs don't have a strict legal treatment here. There was a UK Supreme Court case a few years ago to address the situation of a UK tax payer with a Delaware structure who was getting taxed TWICE (meaning in both countries) on the same income. Hopefully Spain is more clear cut on this issue but my understanding is that the UK is usually slightly lower tax and lower complexity than Spain, so this is just to raise some of the questions to get answered before you pull the trigger. The next issue is finding an accountant who truly understands the tax implications in both jurisdictions. I am still looking for this but it tends to be pretty high net worth people who need this so the advice is expensive. However I still think the US as a real estate destination may be worth all this hassle! I was given the name of a US CPA who is used to dealing with foreign investors by @Charles Carillo and I'm watching a video of this CPA. I already learned something new today on it about estate tax, so already added value to me. 

    Also forgot to ask: does Spain have a wealth tax that applies to offshore assets? This is separate to the above listed income/capital gains point. Some countries have an ongoing wealth tax based on the property's value. 

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