家族办公室观点：FinCEN的新住宅房地产报告规定

FinCEN’s New Residential Real Estate Reporting Rule Global – March 2026 Real estate is a critically important asset classto many family offices. Our global Real EstatePractice monitors market and regulatory What Constitutes a “Non-financed Transfer”? A transfer of residential real property is considered “non-financed” if either (1) no financing was used at all, or (2) anyfinancing received by the transferee is neither secured by thetransferred property, nor extended by a financial institutionsubject to FinCEN’s AML program requirements and suspiciousactivity reports (SAR) obligations. Thus, transfers that are This month, the US Department of the Treasury’s FinancialCrimes Enforcement Network (FinCEN) implemented itsResidential Real Estate Reporting Rule (RRE Rule), a new anti-money-laundering (AML) reporting obligation that applies to Reporting Requirements and Timeline Introduction to the RRE Rule Effective March 1, 2026, FinCEN implemented the RRERule, a new AML reporting obligation that applies to certainresidential real estate transactions across the US. The RRERule will require specified categories of professionals involvedin real estate closings and settlements to submit reports (RealEstate Reports) to FinCEN regarding certain non-financed The individual required to file the Real Estate Report withFinCEN under the RRE Rule is known as the “ReportingPerson”. On the Real Estate Report, the Reporting Personmust submit information to identify the Reporting Person,the real property being transferred, the transferee entity or While the parties of the subject transaction may enter awritten “designation agreement” electing an individualto serve as the Reporting Person, if no such designationagreement is entered, there is a “reporting cascade,” whichprioritizes the individuals who must serve as the ReportingPerson. The reporting cascade ranks those individuals inthe following order: (i) the person listed as the closing orsettlement agent on the closing or settlement statement;(ii) the person that prepares the closing or settlement What is Residential Real Property Under For the purposes of the RRE Rule, “residential real property”is defined as real property containing a structure designedprincipally for occupancy by one to four families. Thisdefinition includes an individual unit within a larger residentialstructure designed principally for occupancy by one to four However, this definition does not encompass transactionswhere an entity purchases developed lots, if the developeronly intends to hold the lots as a “landbank,” or otherwisesubdivide and sell the lots to third-party builders (who would In addition to the acquisitions of real property describedabove, the transfer of residential real property under theRRE Rule includes sales of shares in a cooperative housing A Real Estate Report must be filed by the last day of themonth following the month closing occurred, or 30 calendardays after the date of closing, whichever is later. The Contacts Daniel G. BerickPartner, Corporate, ClevelandT +1 216 479 8374E daniel.berick@squirepb.com Exceptions to the RRE Rule The RRE Rule expressly exempts certain transfers from itspurview. Those transfers include (i) a transfer of an easement,(ii) a transfer due to the death of an individual through theirwill, trust, by operation of law or by contract; (iii) transfer dueto divorce or dissolution of marriage or civil union; transfer tobankruptcy estate; (iv) transfer supervised by a court in the John ThomasPartner, Real Estate, Washington DCT +1 202 457 7511E john.thomas@squirepb.com Kevin McKendryAssociate, Real Estate, TampaT +1 813 202 1300E kevin.mckendry@squirepb.com The RRE Rule continues the regulatory trend towards greatertransparency and disclosure in private transactions. Familyoffices engaged in financing, acquiring or developing portfoliosof residential real estate need to consider the potential