Buying US real estate through an LLC: a complete 2026 guide for Brazilians
Buying in your own name is simple. It's also expensive in estate tax, bad for privacy, and legally fragile. An LLC fixes it — if set up right.
In 2025, Brazilians were the 7th largest group of foreign buyers of Florida real estate, accounting for 7% of the $10.4B foreign dollar volume. The question we get in every initial consult: should I buy in my own name or through an LLC?
Why LLC, in one sentence
LLC is the standard structure for foreign investors buying US real estate because it (1) shields personal assets from property-linked lawsuits, (2) simplifies estate planning by avoiding probate, and (3) provides partial anonymity in public property records.
FIRPTA withholding applies whenever a foreign person sells US real estate — individual or single-member LLC of a foreign owner (treated as disregarded entity). Use the FIRPTA calculator to project withholding.
Direct purchase vs LLC vs Trust
| Dimension | Direct | LLC | Trust |
|---|---|---|---|
| Asset protection | None | Strong | Partial |
| Probate avoidance | No | Yes | Yes |
| FIRPTA on sale | Applies | Applies | Applies |
| Setup cost | $0 | $1.5K–3K | $3K–8K |
The 7 formation steps
- Name search on Sunbiz + USPTO.
- Articles of Organization filed with FL ($125 + $30 expedited).
- EIN via Form SS-4.
- Operating Agreement (15–40 pages, not publicly filed).
- Registered Agent in FL.
- Bank account (in-person for big banks, remote via Mercury/Relay).
- BOI Report to FinCEN within 90 days of formation.
Since January 2024, every LLC must file Beneficial Ownership Information with FinCEN. Penalty: $500/day up to $10,000 plus criminal liability.
The costliest mistake: forgetting federal estate tax
Federal estate tax for non-resident aliens is brutal: $60K exemption on US-situs assets. A $700K property owned by a Brazilian who dies without structure: heirs owe ~$256K to the IRS (40% × [700K − 60K]) before touching the property, plus 6–18 months of probate.
A single-member LLC alone doesn't solve this — the IRS looks through the disregarded entity. Solutions involve holding structures or testamentary planning coordinated across both countries.
Financing is possible
Foreign National Loan programs offer 60–70% LTV at ~100–200 bps premium over US rates. TD Bank, Santander, HSBC, and Orlando/Miami credit unions are active in this segment.
Final read
‘LLC + ITIN/EIN + estate planning’ is the standard we recommend for any Brazilian buyer above $300K. Below that, direct purchase may be rational. Above it, LLC without estate planning leaves $150–250K on the table for heirs.
Frequently asked questions
- Can I use a Delaware LLC for a Florida property?
- Yes, but a Delaware LLC holding FL property must register as a foreign LLC in FL anyway — double the overhead. FL LLC is usually cleaner unless you have a holding strategy.
- Do I need to be physically in the US to form the LLC?
- No for the LLC itself. Bank account opening is the sticking point — big US banks require in-person signing; Mercury/Relay accept 100% remote onboarding.
- Does the LLC shield me from US income tax on rent?
- No. Single-member LLC is disregarded for tax. Rental income flows to your personal Form 1040-NR. §871(d) election to net-basis taxation is the lever that optimizes the rate.