Posted by Jennifer French in Business Advisory, Real Estate.
The Financial Crimes Enforcement Network (FinCEN) has issued final rules requiring certain professionals involved in non-financed residential real estate transactions to report specific information to FinCEN to combat money laundering. These rules, effective December 1, 2025, aim to increase transparency and curb illicit activities in the real estate sector.
What Transactions Are Covered?
Starting December 1, 2025, settlement agents, title insurance agents, escrow agents, and attorneys involved in specific non-financed residential real estate transfers will be required to file a Real Estate Report with FinCEN. This requirement applies to transactions where the property is transferred to a legal entity or trust, including all-cash sales and certain mixed-use or vacant properties intended for residential development.
These rules are designed to target high-risk transactions that bad actors often use to avoid scrutiny, including transactions where the buyer’s identity is obscured through the use of legal entities or trusts. By mandating reporting on these transactions, FinCEN aims to make it more difficult for illicit actors to launder money through the U.S. real estate market.
“The rule will increase transparency, limit the ability of illicit actors to anonymously launder illicit proceeds through the American housing market, and bolster law enforcement investigative efforts.” — FinCEN
Exemptions and Compliance Timeline
Exemptions to the reporting requirement include transfers resulting from the death of an individual, transfers incident to divorce, and transfers of an easement. Additionally, transactions made directly to individuals are not covered by these rules.
The delayed effective date is intended to allow professionals in the real estate industry ample time to understand the new requirements and implement appropriate compliance measures. FinCEN will provide additional guidance and release the specific Real Estate Report form before the rules come into effect.
Looking Ahead
As the December 2025 deadline approaches, real estate professionals will want to begin reviewing their current practices and preparing for the new reporting obligations. Staying informed about forthcoming guidance from FinCEN will be crucial in ensuring compliance. To learn more, contact Jennifer French, Partner on PBMares’ Construction & Real Estate team.
Be sure to consult with your financial or tax advisor on this topic as individual situations may vary. The information contained in this article or webinar, and any related materials, are for informational purposes only, and cannot be relied upon for legal, financial, tax, accounting, or other professional services advice. The content is provided on an “as is” basis and PBMares makes no representations or warranties about the accuracy or sustainability of any information for your purposes. For any specific questions you may have, please contact us.
This content is accurate at the time of publication. Always ensure you are reviewing the most recent information available. Contact your tax or financial advisor if you need clarification.
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About the Author
Jennifer French
CPA
Partner, Construction Team Leader
Newport News
Jennifer specializes in tax planning and structuring of complex transactions for partnerships, limited liability companies and individuals in construction and real estate, including construction contractors, land developers and real estate and rental property owners.
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