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    New Federal Law — Effective March 1, 2026

    FinCEN Real Estate Reporting Requirements

    All-cash purchases of residential property by LLCs, corporations, and trusts must now be reported to the federal government. Empire Title is fully compliant and ready to guide you through the process.

    Mar 1, 2026
    Effective date
    30 days
    Filing deadline after closing
    $108K+
    Civil penalty per violation

    What Is the New FinCEN Rule?

    The Financial Crimes Enforcement Network (FinCEN) finalized its Real Estate Reporting Rule in August 2024. Effective March 1, 2026, persons involved in real estate closings and settlements — primarily title companies — must file a Real Estate Report (Form 508C) whenever a qualifying all-cash residential purchase by an entity or trust occurs.

    The rule is designed to detect and deter money laundering through the real estate market. The report captures the identity of beneficial owners — the real people behind the LLC or trust — and is submitted to FinCEN's BSA E-Filing system within 30 days of closing.

    Empire Title Service has completed full compliance training, implemented internal procedures, and can handle all reporting obligations on your behalf. We encourage all investors and real estate professionals with entity buyers to contact us early in the transaction — collecting the required data before closing is critical.

    2–2.5 hours
    Additional time per reportable file
    Up to 111
    Data fields required on Form 508C
    $108,489
    Max civil penalty per violation
    5 years
    Record retention requirement
    Free Compliance Tools

    Transaction Screener & Cascade Calculator

    Use these tools — built from the same logic Empire Title staff uses — to determine whether your transaction is reportable and who must file the report.

    Answer 4 questions to determine if your transaction requires a FinCEN report.

    Question 1 of 4

    1
    Is this Residential Real Property?
    Does the property include a 1–4 family home, condo, co-op, townhouse, or land intended for such construction?

    Commercial properties — office buildings, retail, industrial, multi-family with 5+ units — are NOT covered by this rule.

    These tools are for informational purposes only and do not constitute legal advice. Consult your compliance officer or attorney for specific guidance on your transaction.

    16 Entity Exemptions

    The following types of entities are exempt from FinCEN real estate reporting. Most typical real estate LLCs and private trusts do not qualify for these exemptions.

    1
    Securities reporting issuer
    2
    Governmental authority
    3
    Bank or credit union
    4
    Depository institution holding company
    5
    Money services business
    6
    Broker or dealer in securities
    7
    Securities exchange or clearing agency
    8
    Other Exchange Act registered entity
    9
    Insurance company
    10
    State-licensed insurance producer
    11
    Commodity Exchange Act registered entity
    12
    Public utility
    13
    Financial market utility
    14
    Registered investment company
    15
    Investment adviser registered with SEC
    16
    Subsidiary of an exempted entity

    What Empire Title Collects for Reportable Transactions

    The Transaction

    • • Property address & legal description
    • • Purchase price & closing date
    • • Payment method confirmation
    • • Seller (transferor) information
    • • Reporting person identification

    The Entity Buyer

    • • Full legal entity name
    • • EIN and state of formation
    • • Principal business address
    • • Entity type (LLC, corp, trust)
    • • Signed certification form

    Each Beneficial Owner

    • • Full legal name
    • • Date of birth
    • • Residential address
    • • Citizenship / nationality
    • • Taxpayer ID (TIN/SSN)

    Official Resources

    Learn More

    Questions About Your Closing?

    Empire Title is fully prepared for FinCEN compliance. Contact us early — beneficial ownership collection should start at file opening, not closing day.