Whose name goes
on the deed
Decided before the contract this is a planning question. Decided after closing it becomes a transfer, with tax attached.
Before you read on
- General information, not tax or legal advice. Structures interact with your own country's rules and with any treaty.
- Take advice from a cross-border adviser before you sign. Restructuring afterwards is a taxable event.
Point 1The number that drives the decision
A US citizen has a federal estate tax exemption in the millions. A non-resident who is not a US citizen has $60,000 against US-situs assets, and US real property is US-situs. Everything above that is exposed at rates rising to 40%.
On a $2,000,000 apartment held personally, the exposure on death is roughly $700,000 to $780,000 before any treaty relief. That is not a rounding error, and it is the reason this question is worth an hour with an adviser before the offer, not after.
An estate tax treaty between the US and your country may raise the exemption substantially. Japan, the United Kingdom, France, Germany and a number of others have one. Whether it helps depends on the treaty's terms and on where you are domiciled, not on your nationality.
Point 2The four ways it is usually held
| Structure | Income tax | Estate exposure | Set-up and running |
|---|---|---|---|
| Personal name | Individual rates, net election available | Fully exposed above $60,000 | Nothing |
| US LLC, single member | Disregarded — same as personal | Generally still exposed | $500–1,500, then $300–800 a year |
| US corporation | 21% federal, plus state, plus tax on distributions | Shares are US-situs — still exposed | $1,500–3,000, then filings |
| Foreign corporation owning US property | Complex, and FIRPTA applies on sale | Shares are not US-situs | $3,000–8,000, then annual filings |
A single-member LLC is not a shield against estate tax. It is transparent for income tax and is generally looked through for estate purposes, which surprises buyers who set one up believing otherwise. What it does give is liability separation and privacy on the public record.
Point 3What each structure is actually good for
No formation cost, no annual filing beyond the tax return, and the cleanest route to a mortgage — most residential lenders prefer an individual borrower. The right answer for a home you will occupy, provided the estate question has been looked at.
Separates the property from your other assets and keeps your name off the deed record. Standard for rental property. Financing narrows to lenders who write to entities, usually at slightly worse terms.
Removes the estate exposure on the property itself but replaces it with corporate tax, tax on distributions and shares that are themselves US-situs. It solves one problem by creating two. Occasionally right for a commercial holding.
A foreign corporation owning a US entity keeps the estate exposure outside the US, at the cost of setup, annual compliance in two countries, and FIRPTA on sale. It starts to make sense in the several-millions.
Point 4Practical consequences people miss
| Decision | What follows |
|---|---|
| Buying through an LLC | The LLC needs its own EIN and its own bank account before closing |
| Buying through an LLC in a co-op | Most boards refuse entity ownership outright |
| Buying through an entity | Mortgage options narrow, and rates rise 0.25–1 point |
| Transferring in after closing | A deed transfer, and in New York it can attract transfer tax again |
| Delaware LLC for New York property | Must also register in New York as a foreign LLC, with its own fees |
| New York LLC | Publication requirement — several hundred to a few thousand dollars |
No. A single-member LLC is disregarded, so the income lands on your return exactly as it would personally. The benefits are liability and privacy, not rate.
Yes, but it is a conveyance. Depending on the county and the structure it can trigger transfer tax and can breach a mortgage's due-on-sale clause. Decide before closing.
No. Property ownership confers no immigration status in the United States, in any structure.
Usually the state where the property sits. A Delaware entity holding New York property must register in New York anyway, so it adds cost without removing any.
Let’s talk first
Tell us where you are resident and what you are buying, and we will flag what to settle with an adviser before the contract.
RELATED GUIDES
Recent transactions
A sample of the sales, purchases and rentals we acted on in 2025 and 2026.
Real estate brokerage services are provided through R New York.
Important notice
The figures on this page are general information as of August 2026 and do not represent an offer, a quote, or a guarantee of any transaction terms. Reinvent NY does not provide legal, tax, or investment advice. Confirm anything material with an attorney and a CPA before you act on it. Nothing here is a solicitation to invest, and no return is promised. Real estate brokerage services are provided through R New York.