Main Street Business #611 Real Estate Privacy Under Fire: FinCEN’s New Reporting Rule Explained
Privacy is under attack again — and real estate investors need to pay attention. A new federal rule tied to FinCEN and the Corporate Transparency Act now requires certain residential real estate transfers to file a Real Estate Report disclosing personal information of LLC owners. If you’re transferring property to an LLC, buying with cash, or using creative financing without a bank involved, this could apply to you starting March 1st.
In this episode of the Main Street Business Podcast, Mark J. Kohler and Mat Sorensen break down exactly when this new reporting requirement is triggered, what information must be disclosed, and the penalties for non-compliance. They also explain key exemptions — including the trust exception — and walk through potential privacy strategies using land trusts, Wyoming LLCs, and layered entity structures to help protect your name while staying compliant. If you own rental property or are actively investing in real estate, this is critical information.
Make sure you understand the rules before your next transfer. Subscribe for weekly tax and legal strategies, leave a comment with your questions, and share this episode with other real estate investors who need to know about this change!
You’ll Learn:
- What the new FinCEN Real Estate Report is and why it’s being enforced
- The three specific scenarios that trigger this new federal reporting requirement
- What personal information must be disclosed (and who has to report it)
- How this rule connects to the Corporate Transparency Act and beneficial ownership reporting
- Which real estate transactions are exempt — including the trust exception
- The risks and penalties for failing to comply
- How transferring property to an LLC is still critical for asset protection
- Practical privacy strategies using trusts and Wyoming LLCs
- How to balance state-level privacy with federal reporting requirements
- Smart next steps to stay compliant without sacrificing asset protection or overpaying for entity setups
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