Treasury’s Financial Crimes Enforcement Network (FinCEN) estimates that approximately 20 percent of real estate purchases are not financed — they are all cash deals — indicating a vulnerability in the US real estate market for money laundering, particularly when the purchaser is an entity. Therefore, in a February 2024 notice of proposed rulemaking, FinCEN announced its intention to initiate requirements under the Bank Secrecy Act (BSA) for certain persons involved in real estate transactions to collect, report, and retain information on non-financed (cash) purchases of residential real estate by shell companies. See FinCEN’s Fact Sheet for details on the proposed reporting.

Expanded reporting. FinCEN is initially focusing on residential real estate but plans additional action to promulgate regulations covering the commercial real estate sector.