FinCEN Real Estate Reporting Rule 2026
What Florida Real Estate Agents & Buyers Need to Know
Avoid Closing Delays. Stay Compliant. Protect Your Transaction.
Starting March 1, 2026, certain residential real estate transactions in Florida will require mandatory federal reporting under the FinCEN Real Estate Reporting Rule issued by the U.S. Department of the Treasury.
At All Real Estate Title Solutions (ARETSI), we are fully prepared to guide real estate agents, buyers, and sellers through this new compliance requirement, ensuring your closings remain smooth, secure, and on schedule.
What Is the FinCEN Real Estate Reporting Rule?
The FinCEN Real Estate Report is a federal anti-money laundering requirement that applies to certain residential property transfers involving:
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Legal entities (LLCs, corporations, partnerships)
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Certain trusts
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Non-financed (cash or private money) purchases
The report is filed with the U.S. Treasury, and it is not a public record.
The filing responsibility typically falls on the title company or settlement agent, and ARETSI will handle this process for qualifying transactions.
When Does FinCEN Reporting Apply?
Beginning March 1, 2026, a transaction is generally reportable if all three of the following are true :
1️⃣ The Property Is Residential
(1–4 family homes, condos, townhomes, residential land)
2️⃣ The Buyer Is an Entity or Trust
(LLC, Corporation, Partnership, or certain Trusts)
3️⃣ The Purchase Is Non-Financed
No traditional bank mortgage is involved (cash, hard money, private financing, seller financing)
If all three conditions are met, federal reporting is required before closing.
What Information Must Be Collected?
For qualifying transactions, the following information must be submitted :
For Entity Buyers (LLCs, Corporations):
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Legal entity name
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State of formation
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Business address
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EIN
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Individuals owning 25% or more
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Individuals with substantial decision-making authority
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If ownership includes another company, identify the real individuals behind it
For Trust Buyers:
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Trust name and execution date
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All trustees
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Grantors with revocation authority
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Beneficiaries who can withdraw assets
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If a trustee is an entity, disclose the real individuals behind it
For Each Listed Individual:
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Full legal name
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Date of birth
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Residential address
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Taxpayer ID (SSN or ITIN)
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Government-issued ID
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Source of funds information (for buyers)
Seller Information:
Basic identifying information, including taxpayer ID, may also be required.
If required documentation is not provided, the transaction cannot proceed to closing.
Does This Apply to Everyone?
No.
According to the FinCEN guidance :
✔️ Individuals purchasing in their personal name are generally excluded.
✔️ Transactions with a traditional regulated bank mortgage are typically excluded.
✔️ Certain probate, court-ordered, divorce, and bankruptcy transfers may be exempt.
Each transaction is reviewed individually.
How This Affects Florida Real Estate Professionals
For real estate agents, early awareness is critical.
From the Realtor Compliance Checklist :
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Ask early if the buyer is purchasing through an LLC or trust
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Confirm whether the transaction is financed
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Notify title immediately of entity purchases
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Avoid last-minute vesting changes
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Build additional time into contract timelines
Fast response to compliance requests helps prevent closing friction.
Frequently Asked Questions
Is this the same as FIRPTA?
No. FIRPTA relates to foreign seller tax withholding. FinCEN reporting relates to buyer transparency.
Is this the same as BOI reporting?
No. BOI reporting is a separate business filing requirement. The FinCEN real estate report is transaction-specific.
Who files the report?
The title company or settlement agent, not the real estate agent.