The Residential Real Estate Rule requires certain professionals involved in real estate closings and settlements to submit reports to FinCEN regarding certain non-financed transfers of residential real estate to legal entities or trusts. Reporting requirements apply to transfers occurring on or after March 1, 2026.
The Department of the Treasury has long recognized that the illicit use of residential real estate threatens U.S. economic and national security and can disadvantage those that seek to compete fairly in the U.S. real estate market. This reporting requirement is designed to increase transparency in the U.S. residential real estate sector and to combat and deter money laundering.
The Real Estate Report is a form issued by FinCEN for the purpose of reporting information on transfers of certain residential real estate that are a high risk for illicit finance, as required by 31 CFR 1031.320. Information provided on Real Estate Reports is meant to help combat and deter money laundering by increasing transparency in the U.S. residential real estate sector. Although there are many legitimate reasons to use legal entities and trusts to own residential real property, illicit actors intent on laundering funds through residential real property often use legal entities and trusts to disguise their identities and make the proceeds of crime more difficult to identify.
Illicit actors often favor non-financed transfers (including “all-cash” sales) of residential real estate to avoid scrutiny from financial institutions that have anti-money laundering and countering the financing of terrorism program and Suspicious Activity Report filing requirements under the Bank Secrecy Act.
Use the link below to connect to the FinCen website for all your RRE Reporting answers.
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