Residential Real Estate Frequently Asked Questions

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 (AML/CFT) program and Suspicious Activity Report (SAR) filing requirements under the Bank Secrecy Act.

[Updated February 13, 2026]

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Real Estate Reports will be maintained by FinCEN in a secure database along with other Bank Secrecy Act (BSA) reports and, like any other BSA report, will be subject to strict limits on use and re-dissemination. Real Estate Reports will not be accessible to the general public.

[Issued February 13, 2026]

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No. Real Estate Reports are exempt from disclosure under FOIA.

[Issued February 13, 2026]

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Under the Residential Real Estate Rule, residential real property means:

1. Real property located in the United States containing a structure designed principally for occupancy by one to four families;
2. Land located in the United States on which the transferee intends to build a structure designed principally for occupancy by one to four families;
3. A unit designed principally for occupancy by one to four families within a structure on land located in the United States; or
4. Shares in a cooperative housing corporation for which the underlying property is located in the United States.

Residential real property therefore includes single-family houses, townhouses, condominiums, and cooperatives, including condominiums and cooperatives in large buildings containing many such units, as well as entire buildings designed for occupancy by one to four families. These types of properties are considered residential real property even if there is also a commercial element—a single-family residence that is located above a commercial enterprise, for example. Certain types of land on which a residence is not yet built are also included if the transferee intends to build on the property one or more structures designed principally for occupancy by one to four families. The reporting person may reasonably rely on information provided by the transferee to determine such intent, but only if the reporting person does not have knowledge of facts that would reasonably call into question the reliability of the information.

[Updated February 13, 2026]

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Yes. A transfer of residential real property is reportable if the property is located in a State of the United States, the District of Columbia, Indian lands (as that term is defined in Section 4 of the Indian Gaming Regulatory Act, 25 U.S.C. 2703), Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, or any other territory or possession of the United States.

[Issued February 13, 2026]

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Yes. Real property located in the United States containing an entire apartment building could be residential real property under the rule if the building itself is designed principally for occupancy by one to four families. Alternatively, an entire apartment building designed principally for occupancy by more than four families does not meet the definition of residential real property.

[Issued February 13, 2026]

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Yes. If the condominium is a unit designed principally for occupancy by one to four families within a structure on land located in the United States, then it meets the definition of residential real property. This would include a condominium in a large building containing many such units. However, a condominium designed principally for occupancy by more than four families does not meet the definition of residential real property.

[Issued February 13, 2026]

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No. The definition of residential real property includes vacant or unimproved land located in the United States on which the transferee intends to build a structure designed principally for occupancy by one to four families. If a transferee has no intent at the time of the transfer to build a structure designed principally for occupancy by one to four families, the vacant land does not meet the definition of residential real property. The vacant land would meet the definition of residential real property if the transferee expresses intent to build a structure designed principally for occupancy by one to four families.

The reporting person may reasonably rely on information provided by the transferee to determine the transferee’s intent for the land, absent knowledge of facts that would reasonably call into question the reliability of the information provided to the reporting person.

[Issued February 13, 2026]

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The definition of residential real property includes land located in the United States on which the transferee intends to build a structure designed principally for occupancy by one to four families. If the developer, as a transferee, intends to retain ownership of the lots while the builder builds single-family homes, then the properties are residential real property.

[Issued February 13, 2026]

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Yes. Residential real property includes land located in the United States on which the transferee intends to build a structure designed principally for occupancy by one to four families. At the time of the transfer, the developer (i.e., the transferee) intended to build at least one such structure on the property, therefore the parcel of land meets the definition of residential real property.

[Issued February 13, 2026]

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It depends. A transfer of residential real property is any transfer of an ownership interest in residential real property. Ownership interest means rights held in residential real estate property that are demonstrated via a deed or, in the case of a cooperative housing corporation, through stock, shares, membership, certificate, or other contractual agreement evidencing ownership. Accordingly, if a timeshare property meets the definition of residential real property (see Question B.1) and the ownership interest in the timeshare is transferred by deed or, in the case of a cooperative housing corporation, through stock, shares, membership, certificate, or other contractual agreement evidencing ownership, then it is considered a transfer of residential real property.

However, if a timeshare property meets the definition of residential real property but the transfer is of an interest in an assignment contract, it would not be considered a transfer of residential real property.

[Issued February 13, 2026]

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A non-financed transfer of residential real property is a transfer that does not involve an extension of credit to all transferees (the entity or entities buying or receiving the property) that is both (1) secured by the transferred property and (2) extended by a financial institution subject to anti-money laundering (AML) program requirements and Suspicious Activity Report (SAR) reporting obligations. Transfers that are financed by a lender without an obligation to maintain an AML program and a requirement to file SARs are treated under the rule as non-financed transfers that must be reported if other criteria making a transfer reportable are met.

[Updated February 13, 2026]

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A partially financed transfer involving one transferee who, for example, puts down a 50 percent down payment and obtains a mortgage to finance the rest of the transfer, is not reportable. However, a partially financed transfer involving multiple transferees, where relevant financing is secured by some, but not all, of the transferees, would be reportable with respect to each transferee that did not secure such financing.

[Issued February 13, 2026]

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FinCEN’s regulations set forth the types of financial institutions that have an obligation to maintain an AML program and a requirement to file SARs. However, if reporting persons are unsure as to whether the lending institution involved in a transfer has both an obligation to maintain an AML program and to file SARs, they should reach out to that lending institution. When determining whether a transfer is non-financed and making any other determination necessary to comply with the rule, the reporting person generally may rely on information provided by any other person if the reporting person does not have knowledge of facts that would reasonably call into question the reliability of the information provided to the reporting person.

As an example, in the context of ascertaining whether particular transfers are “non-financed transfers,” a reporting person may rely on the information provided by the relevant lender extending credit secured by the underlying residential real property as to whether the lender has an obligation to maintain an AML program and an obligation to report suspicious transactions under 31 CFR Chapter X, provided the reporting person does not have reason to question the lender’s information (e.g., if the lender were to represent that he or she (as a natural person) is subject to AML program obligations).

[Issued February 13, 2026]

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Financial institutions subject to AML program requirements and an obligation to report suspicious transactions include, for example:

• Banks;
• Credit unions;
• Savings and loan associations;
• Residential mortgage lenders and originators, generally known as “mortgage companies” and “mortgage brokers”;
• Federal National Mortgage Association (Fannie Mae); and
• Federal Home Loan Mortgage Corporation (Freddie Mac).

If a reporting person is unsure whether a lending institution is subject to these obligations and requirements, the reporting person may wish to ask the lending institution directly. The reporting person may rely on information provided by any other person for purposes of reporting information or to make a determination necessary to comply with the final rule, but only if the reporting person does not have knowledge of facts that would reasonably call into question the reliability of the information.

A transferee entity is defined as any person other than a transferee trust or an individual. For example, a transferee entity may be a corporation, partnership, estate, association, or limited liability company. Statutory trusts, which are trusts created or authorized under the Uniform Statutory Trust Entity Act or as enacted by a state, are also considered transferee entities, rather than transferee trusts, for the purposes of this reporting requirement.

Certain regulated entities are excepted and not considered transferee entities under this requirement. The following table summarizes the 16 exceptions:

[Updated February 13, 2026]

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A transferee trust is any legal arrangement created when a person—generally known as a grantor or settlor—places assets under the control of a trustee for the benefit of one or more beneficiaries or for a specified purpose, whether formed under the laws of the United States or a foreign jurisdiction. A transferee trust also includes legal arrangements that are similar to such legal arrangements in either structure or function. A trust is considered a “transferee trust” regardless of whether the residential real property being transferred is titled in the name of the trust itself or in the name of the trustee.

However, certain types of trusts are excepted. The following table summarizes the four exceptions:

Not all transfers of residential real property to a transferee trust are reportable. For example, depending on the particular facts and circumstances of a trust arrangement, a transfer to a trust may not be reportable due to the exception for specific “no consideration” transfers to trusts described in Question E.3.

In addition, transfers to certain trusts, such as testamentary trusts, are not captured by the reporting requirement, as such trusts are created by wills and therefore fall within the exception for transfers occurring as a result of death, as described in Question E.3.

[Updated February 13, 2026]

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No. A transferee entity or transferee trust may be located anywhere in the world. The rule’s reporting requirement is focused on the location of the residential real property being transferred, rather than on the location of the parties involved in the transfer.

[Issued February 13, 2026]

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Yes, a reportable transfer may involve one or more transferee entities and/or transferee trusts in any combination. For example, if residential real property is transferred to both a legal entity and a trust in the same sale or gift, both transferees would need to be reported in a single report.

[Issued February 13, 2026]

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As long as at least one of the transferees in a given transfer is a transferee entity or transferee trust, the transfer may be reportable. However, the Rule only requires identifying information about transferees that are either a transferee entity or transferee trust.

[Updated February 13, 2026]

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It depends. A transferee trust is defined as any legal arrangement created when a person places assets under the control of a trustee for the benefit of one or more persons or for a specified purpose, as well as any legal arrangement similar in structure or function. A trust is deemed to be a transferee trust regardless of whether residential real property is titled in the name of the trust itself or in the name of the trustee in the trustee’s capacity as the trustee of the trust (see Question D.2).

Some retirement vehicles are structured as custodial trust arrangements overseen by a trustee or custodian. In a non-financed transfer of residential real property to an IRA, if the residential real property is titled in the name of the IRA or the name of the trustee or custodian in that person’s capacity as the trustee or custodian of the IRA, then the transfer is made to a transferee trust. However, if the residential real property is titled in the name of the individual IRA owner, then the transfer is not made to a transferee trust.

Alternatively, if the IRA owns a limited liability company (LLC) and the residential real property is transferred into that LLC, the transfer may be reportable under the normal rules for making that determination—whether the LLC is owned by an IRA is not a factor.

[Issued February 13, 2026]

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A reportable transfer of residential real property is a non-financed transfer to a transferee entity or transferee trust of an ownership interest in residential real property.

A transfer of residential real property is any sale, gift, or other transfer of an ownership interest in residential real property or a cooperative housing corporation evidenced by a deed or other documentation of transfer. If a legal entity or trust is named as a transferee in a deed of transfer of real property, the transfer may be a reportable transfer of residential real property.

[Updated February 13, 2026]

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The following transfers of residential real property do not need to be reported:

1. A transfer that is a grant, transfer, or revocation of an easement.
2. A transfer resulting from the death of an individual, whether pursuant to the terms of a will, the terms of a trust (including testamentary trusts), the operation of law (such as transfers resulting from intestate succession, surviving joint owners, and transfer-on-death deeds), or by contractual provision (such as transfers resulting from beneficiary designations).
3. A transfer incident to divorce or dissolution of a marriage or civil union (such as transfers required by a divorce settlement agreement).
4. A transfer made to a bankruptcy estate.
5. A transfer supervised by a court in the United States.
6. A transfer for no consideration made by an individual, either alone or with their spouse, to a trust of which that individual, that individual’s spouse, or both, are the settlors or grantors.
7. A transfer to a qualified intermediary for the purposes of a like-kind exchange for purposes of Section 1031 of the Internal Revenue Code (26 CFR 1.1031(k)-1); or
8. A transfer for which there is no reporting person.

Reporting persons should evaluate the specific facts of each individual transfer to determine whether it constitutes a reportable transfer under the rule.

When determining whether a transfer is exempt and making any other determination necessary to comply with the reporting and recordkeeping requirements, the reporting person generally may rely on information provided by other persons if the reporting person does not have knowledge of facts that would reasonably call into question the reliability of the information.

[Updated February 13, 2026]

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No. Low price non-financed transfers to legal entities and trusts, as well as gratuitous ones for no consideration, can present illicit finance risks. Therefore, neither the value of the property transferred nor the sale price is a criterion for determining whether the transfer is reportable.

[Issued February 13, 2026]

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Yes. Transfers of ownership for which no consideration is exchanged, such as a gift, are reportable.

[Issued February 13, 2026]

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No. Certain like-kind exchanges under 26 U.S.C. 1031 are exempt from being reported on a Real Estate Report (without implications for any reporting requirements required by the IRS for such exchanges). This exemption is limited to transfers of property made to a qualified intermediary. Transfers from a qualified intermediary to the person conducting the exchange (the exchanger) remain potentially reportable if the exchanger is a legal entity or trust.

[Issued February 13, 2026]

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The transfer of an interest in a contract of sale, in which a person contracts with a property owner to purchase residential real property and then assigns their rights in that contract to a third party who intends to fulfill the contract by purchasing the property, is not itself reportable. However, the ultimate purchase of the property by the third-party assignee in accordance with the contract of sale may be reportable, because a transfer of an ownership interest demonstrated by a deed has occurred.

[Issued February 13, 2026]

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A sequential transfer to a trust (such as where qualified financing is extended to the grantor or settlor rather than to the trust itself and the grantor or settlor then transfers the secured residential real property to the trust) would be exempt where: (1) the transfer to the trust is for no consideration; (2) the transferor of the property is an individual (either alone or with the individual’s spouse); and (3) the settlor or grantor of the trust is that same transferor individual, that individual’s spouse, or both of them.

Example: John Doe and Jane Doe are married and jointly own residential real property. They decide to transfer the property, currently titled in their own names, to a trust for which they are the grantors and receive no payment from the trust for the property. This transfer would not be reportable.

[Issued February 13, 2026]

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A beneficial owner of a transferee entity is an individual who, on the date of closing, either directly or indirectly:

1. Exercises substantial control over the transferee entity, or
2. Owns or controls at least 25% of the transferee entity’s ownership interests.

An individual might be a beneficial owner through substantial control, ownership interests, or both. Not every transferee entity will have an individual who owns or controls at least 25 percent of the entity’s ownership interests, but FinCEN expects that every transferee entity will be substantially controlled by one or more individuals, and therefore that every transferee entity will be able to identify and report at least one beneficial owner. Moreover, transferee entities established as non-profits are assumed to only have beneficial owners who exercise substantial control. Because beneficial owners must be individuals (i.e., natural persons), trusts, corporations, or other legal entities are not considered to be beneficial owners.

[Updated February 13, 2026]

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The beneficial owners of a transferee trust are all individuals who, at the time of the transfer of residential real property to the trust, fall into any of the following categories:

1. A trustee of the transferee trust;
2. An individual other than a trustee who has authority to dispose of transferee trust assets, such as may be the case with a trust protector;
3. A beneficiary who is the sole permissible recipient of income and principal from the transferee trust or who has the right to demand a distribution of, or to withdraw, substantially all of the assets of the transferee trust;
4. A grantor or settlor who has the right to revoke the transferee trust or otherwise withdraw the assets of the transferee trust; or
5. A beneficial owner of a legal entity or trust that holds one of the positions described in the above four categories, taking into account the exemptions that apply to transferee entities and transferee trusts.

An individual may be a beneficial owner under more than one of the above categories.

[Updated February 13, 2026]

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A transferee entity or transferee trust can have multiple beneficial owners; there is no maximum number of beneficial owners and all beneficial owners must be reported. A transferee entity will always have at least one beneficial owner, but certain transferee trusts may have none.

[Issued February 13, 2026]

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If a minor child is a beneficial owner of a transferee entity, a parent or guardian may elect to report their own identifying information in lieu of identifying a minor child. However, no similar election may be made for minor children who are the beneficial owners of a transferee trust—the minor child must be identified.

[Issued February 13, 2026]

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The beneficial ownership of a transferee entity or transferee trust must be determined as of the date of closing, meaning the date on which the transferee entity or transferee trust receives an ownership interest in the residential real property.

[Issued February 13, 2026]

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No. At this time, FinCEN does not allow FinCEN Identifiers to be reported in lieu of the underlying information.

[Issued February 13, 2026]

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The reporting person may collect beneficial ownership information directly from a transferee or a representative of the transferee, so long as the person the information is collected from certifies in writing that the information they have provided is correct to the best of their knowledge. The certification may be collected using a form of the reporting person’s choosing or design and may be incorporated into existing closing documents used by the reporting person.

If beneficial ownership information is certified as described above, the reporting person may reasonably rely on the information so long as the reporting person does not have knowledge of facts that would reasonably call its reliability into question (see Question L.2).

[Updated February 13, 2026]

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No.

[Issued February 13, 2026]

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There are five instances in which an individual who would otherwise be a beneficial owner of a transferee entity qualifies for an exception. There are no exceptions for beneficial owners of a transferee trust.

With respect to transferee entities, an individual may qualify for an exception if the individual is a:

1. Minor child: An individual qualifies for this exception if the individual is a minor child, as defined under the law of the State or Indian Tribe in which the transferee entity is first registered.
2. Nominee, intermediary, custodian, or agent: An individual qualifies for this exception if the individual merely acts on behalf of an actual beneficial owner as the beneficial owner’s nominee, intermediary, custodian or agent.
   Note: Individuals who perform ordinary advisory or other contractual services (such as tax professionals) likely qualify for this exception. In scenarios where this exception applies, the actual beneficial owner must still be reported.
3. Employee: An individual qualifies for this exception if all three of the following criteria apply:
   • The individual is an employee of the transferee entity, when applying the meaning of “employee” provided in 26 CFR 54.4980H-1(a)(15). In general, the term employee means that an individual is subject to the will and control of the employer in what and how to do work, and that the employer may discharge the individual from work.
   • The individual’s substantial control over, or economic benefits from, the transferee entity is derived solely from the employment status of the individual as an employee.
   • The individual is not a senior officer of the transferee entity. The term “senior officer” means any individual holding the position or exercising the authority of a president, chief financial officer, general counsel, chief executive officer, or chief operating officer, or any other officer, regardless of official title, who performs a similar function.
4. Inheritor: An individual qualifies for this exception if the individual’s only interest in the transferee entity is a future interest through a right of inheritance, such as through a will providing a future interest in a company.
5. Creditor: An individual qualifies for this exception if the individual is a creditor of the transferee entity or transferee trust. The term “creditor” means an individual who would meet the definition of a beneficial owner of the transferee entity solely through rights or interests for the payment of a predetermined sum of money, such as a debt incurred by the reporting company, or a loan covenant or other similar right associated with such right to receive payment that is intended to secure the right to receive payment or enhance the likelihood of repayment. For example, an individual qualifies for the creditor exception if the individual is entitled to payment from the reporting company to satisfy a loan or debt, so long as this entitlement is the only ownership interest the individual has in the reporting company.

For most of these exceptions, the individual is simply not reported as a beneficial owner. However, a special rule applies for minor children. If an individual meets the criteria for the minor child exception and the transferee entity does not opt to report the information of the minor child, the transferee entity must instead report information about the parent or legal guardian of the minor child.

[Issued February 13, 2026]

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Each individual who signed documents on behalf of a transferee entity or transferee trust as part of the reportable transfer is considered to be a signing individual.

However, this does not include any individual who signed documents as part of their employment with a financial institution that has both an obligation to maintain an anti-money laundering program and an obligation to report suspicious transactions. For example, if a transferee trust uses a bank as an institutional trustee, an employee of the bank signing documents on behalf of the transferee trust would not be a signing individual.

[Issued February 13, 2026]

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A transferee entity or transferee trust can have multiple signing individuals. There is no maximum number of signing individuals, and all signing individuals must be reported.

A transferee entity or transferee trust may also have no signing individuals to report—for example, where the individual(s) signed documents as part of their employment with a financial institution that has both an obligation to maintain an anti-money laundering program and an obligation to report suspicious transactions.

[Issued February 13, 2026]

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No.

[Issued February 13, 2026]

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A Real Estate Report must be filed for any reportable transfer with a closing date occurring on or after March 1, 2026. Reporting persons are not required to report transactions that meet the definition of a “reportable transfer” and that close prior to March 1, 2026.

[Issued February 13, 2026]

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A Real Estate Report must be filed by the last day of the month following the month in which the date of closing occurred or 30 calendar days after the date of closing, whichever is later. Reporting persons will therefore generally have about 30 to 60 days to file the report.

[Issued August 28, 2024]

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The date of closing means the date on which the transferee entity or transferee trust receives an ownership interest in residential real property, meaning the date on which the transferee entity or transferee trust receives rights held in residential real property that are demonstrated through a deed or, for cooperative housing, through stock, shares, membership, certificate, or other contractual agreement evidencing ownership.

[Issued February 13, 2026]

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On the Real Estate Report, the reporting person must submit information necessary to identify:

• The reporting person
• The residential real property being transferred;
• The transferee entity or transferee trust;
• The beneficial owners of the transferee entity or transferee trust;
• Certain individuals representing the transferee entity or transferee trust in the transfer;
• If the transferee is a transferee trust, any trustee that is an entity; and
• The transferor.

The reporting person must also report the total consideration paid for the property, along with certain information about any payments made by the transferee entity or transferee trust.

[Updated February 13, 2026]

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The reporting person must report:

• The reporting person’s full legal name;
• The category into which the reporting person falls in the reporting cascade;
• Whether the reporting person is a legal entity;
• The street address of the reporting person’s principal place of business in the United States; and
• The date of closing of the reportable transfer.

[Issued February 13, 2026]

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For each reportable transfer, the reporting person must report:

• The street address, if any, of each residential real property that was transferred; and
• The legal description of each such residential real property (such as the section, lot, and block).

[Issued February 13, 2026]

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For each transferee entity, the reporting person must report:

• The entity’s full legal name;
• The entity’s trade name or “doing business as” name, if any;
• The total consideration paid or to be paid, by or on behalf of this transferee;
• The complete current street address of the transferee entity’s principal place of business (or addresses, if the transferee entity’s principal place of business is not in the United States, the street address of the primary location in the United States where the transferee entity conducts business, if any);
• A unique identifying number for the entity, if any;
• Identifying information for the entity’s beneficial owners (see Question H.7); and
• Identifying information for the entity’s signing individuals (see Question H.8).

[Issued February 13, 2026]

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For each transferee trust, the reporting person must report:

• The trust’s full legal name (such as the full title of the agreement establishing the trust);
• The date the trust instrument was executed;
• Whether the trust is revocable;
• The total consideration paid or to be paid, by or on behalf of this transferee;
• A unique identifying number for the trust, if any;
• Identifying information for the trust’s beneficial owners (see Question H.7);
• Identifying information for the trust’s signing individuals (see Question H.8); and
• Identifying information for each trustee that is a legal entity (see Question H.9).

[Issued February 13, 2026]

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For each beneficial owner, the reporting person must report the following:

• The beneficial owner’s full legal name;
• The beneficial owner’s date of birth;
• The beneficial owner’s complete current residential street address;
• The beneficial owner’s country or countries of citizenship;
• A unique identifying number; and
• For beneficial owners of trusts, the category of beneficial owner they are (trustee, beneficiary, etc.).

[Issued February 13, 2026]

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For each signing individual, the reporting person must report the following:

• The signing individual’s full legal name;
• The signing individual’s date of birth;
• The signing individual’s complete current residential street address;
• A unique identifying number;
• Description of the capacity in which the individual is authorized to act as the signing individual; and
• If the signing individual is acting in that capacity as an employee, agent, or partner, the name of the individual’s employer, principal, or partnership.

[Issued February 13, 2026]

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For each transferee trust with a trustee that is a legal entity, the reporting person must report the following:

• The trustee’s full legal name;
• The trustee’s trade name or “doing business as” name, if any;
• The complete current street address of the trustee’s principal place of business (or addresses, if the trustee’s principal place of business is not in the United States, the street address of the primary location in the United States where the trustee conducts business, if any); and
• A unique identifying number, if any.

The individuals who own or control this trustee entity may need to be reported as a beneficial owner of the transferee trust. For instance, if a trustee is an individual rather than an entity, that individual is a beneficial owner of the transferee trust.

[Issued February 13, 2026]

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For each transferor that is an individual, the reporting person must report the following:

• The transferor’s full legal name;
• The transferor’s date of birth;
• The transferor’s complete current residential address; and
• A unique identifying number.

[Issued February 13, 2026]

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For each transferor that is a legal entity, the reporting person must report the following:

• The transferor’s full legal name;
• The transferor’s trade name or “doing business as” name, if any;
• The complete current street address of the transferor’s principal place of business (or addresses, if the transferor’s principal place of business is not in the United States, the street address of the primary location in the United States where the transferor conducts business, if any); and
• A unique identifying number, if any.

[Issued February 13, 2026]

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For each transferor that is a trust, the reporting person must report the following:

• The transferor’s full legal name (such as the full title of the agreement establishing the trust);
• The date the trust instrument was executed;
• A unique identifying number, if any;
• For each individual that is a trustee of the trust:
  • The individual’s full legal name;
  • The individual’s current residential street address;
  • A unique identifying number; and
• For each legal entity that is a trustee of the trust:
  • The legal entity’s full legal name;
  • The legal entity’s trade name or “doing business as” name, if any;
  • The complete current address of the legal entity’s principal place of business (or addresses, if the legal entity’s principal place of business is not in the United States, the street address of the primary location in the United States where the legal entity conducts business, if any); and
  • A unique identifying number, if any.

[Issued February 13, 2026]

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The reporting person must report:

• The total consideration paid or to be paid for the transfer by all transferees;
• Whether the reportable transfer involved credit extended by a person that is not a financial institution with an obligation to maintain an anti-money laundering program and an obligation to report suspicious transactions;
• For each payment made by or on behalf of a transferee entity or transferee trust:
  • the amount of the payment;
  • the method by which the payment was made;
  • if the payment was paid from an account held at a financial institution, the name of the financial institution and the account number; and
  • the name of the payor on any wire, check, or other type of payment if the payor is not the transferee entity or transferee trust.

The reporting person does not need to report any payment disbursed from an escrow or trust account held by a transferee entity or transferee trust, that is made by or on behalf of the transferee entity or transferee trust.

[Issued February 13, 2026]

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No. The address reported must be a street address and cannot be a P.O. box.

[Issued February 13, 2026]

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If a reportable entity has no principal place of business, then its address is the address in the United States of the person that the entity, under State or other applicable law, has designated to accept service of legal process on its behalf. In some jurisdictions, this person is referred to as a registered agent, or the address is referred to as the registered office.

FinCEN will understand the use of such an address to mean that: (i) the registered agent or other person at the address designated to accept service of legal process has consented to the use of its address in this capacity, and (ii) the entity does not generally conduct business functions at any other location in the United States.

If the entity has no such person in the United States, the address of a person performing a similar role on behalf of the entity in a foreign jurisdiction must be provided.

[Issued February 13, 2026]

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FinCEN is mindful of the critical privacy interests protected by ACPs. Reporting persons that are required to report an individual registered with a State’s ACP should report to FinCEN the ACP address that the State provided to the individual. As a best practice, individuals registered with a State ACP may consider retaining documentation to demonstrate that they participate in an ACP.

[Issued February 13, 2026]

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The required unique identifying number varies based on whether the subject is a legal entity, a trust, or an individual, and on the role the legal entity, trust, or individual plays in the reportable transfer. See the table below for specific information:

[Issued February 13, 2026]

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The Real Estate Report requires either a residential or principal place of business address, depending on whether it relates to an individual or entity. The chart below outlines the types of required addresses:

[Issued February 13, 2026]

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Certain information about payments disbursed from accounts held at financial institutions must be reported on the Real Estate Report, unless the funds are disbursed from an escrow or trust account for the benefit of a transferee entity or transferee trust. In the scenario described here, the payments are disbursed from an escrow account on behalf of the transferee, which is not a payment for which detailed reporting of the account is required on a Real Estate Report.

[Issued February 13, 2026]

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The requirement to file a Real Estate Report rests with the reporting person, one of a limited number of persons who play specified roles in the reportable transfer. Only one person in a given transaction is deemed to be the reporting person, and that person is required to file a report.

The reporting person can be identified in one of two ways:

1. By way of the reporting cascade described in the Residential Real Estate Rule (see Question I.2), or
2. By way of a written designation agreement between the persons described in the cascading reporting order (see Question I.8).

[Updated February 13, 2026]

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