BOI filing for real estate LLCs
BOI filing for real estate LLCs I conducted parallel searches and extracted authoritative and practical guidance covering FinCEN’s Beneficial Ownership Information (BOI) reporting and related residential real estate reporting rules through Jan 3, I conducted parallel searches and extracted authoritative and practical guidance covering FinCEN’s Beneficial Ownership Information (BOI) reporting and related residential real estate reporting rules through Jan 3, Key findings FinCEN interim final rule (March 26, 2025) revised the definition of "reporting company" to include only foreign-formed entities registered to do business in the U.S., and exempted entities formed in the U.S. (domestic entities) and U.S. persons from BOI reporting to FinCEN; 2) FinCEN’s BOI landing page and FAQs reflect the March 26, 2025 interim final rule and list new deadlines for foreign reporting companies (registered before March 26, 2025 file by April 25, 2025; registered on/after March 26, 2025 file within 30 days after registration effective notice); 3) FinCEN separately finalized a Real Estate Report rule (effective Dec 1, 2025) requiring certain closing/settlement service providers to file reports when a non-financed sale/transfer of residential real property is made to an entity or trust, with required reporting of beneficial owners using the BOI definition; 4) Practical guidance from law firms and industry groups clarifies that while domestic real estate LLCs are exempt from BOI filing under the March 2025 IFR, transfers to entities/trusts are still subject to the Real Estate Report rule, and title/settlement agents must collect BOI-like information for reporting obligations; Common real estate structures (title-holding LLCs, series LLCs, land trusts, nominee arrangements, foreign-owned LLCs) may trigger reporting either as foreign reporting companies or via Real Estate Reports; Exemptions exist (highly regulated entities, certain trusts, subsidiaries of exempt entities) but are narrower in the Real Estate Report rule; Penalties and update/correction requirements remain important — FinCEN guidance warns of enforcement and fraudulent solicitations; State-level requirements vary — many states do not require BOI reporting post-IFR, but state-level beneficial ownership registries or disclosure obligations may exist in some jurisdictions and local reporting (e.g., to county recording offices or title insurers' GTO obligations) can still apply.
BOI filing for real estate LLCs I conducted parallel searches and extracted authoritative and practical guidance covering FinCEN’s Beneficial Ownership Information (BOI) reporting and related residential real estate reporting rules through Jan 3, I conducted parallel searches and extracted authoritative and practical guidance covering FinCEN’s Beneficial Ownership Information (BOI) reporting and related residential real estate reporting rules through Jan 3, Key findings FinCEN interim final rule (March 26, 2025) revised the definition of "reporting company" to include only foreign-formed entities registered to do business in the U.S., and exempted entities formed in the U.S. (domestic entities) and U.S. persons from BOI reporting to FinCEN; 2) FinCEN’s BOI landing page and FAQs reflect the March 26, 2025 interim final rule and list new deadlines for foreign reporting companies (registered before March 26, 2025 file by April 25, 2025; registered on/after March 26, 2025 file within 30 days after registration effective notice); 3) FinCEN separately finalized a Real Estate Report rule (effective Dec 1, 2025) requiring certain closing/settlement service providers to file reports when a non-financed sale/transfer of residential real property is made to an entity or trust, with required reporting of beneficial owners using the BOI definition; 4) Practical guidance from law firms and industry groups clarifies that while domestic real estate LLCs are exempt from BOI filing under the March 2025 IFR, transfers to entities/trusts are still subject to the Real Estate Report rule, and title/settlement agents must collect BOI-like information for reporting obligations; Common real estate structures (title-holding LLCs, series LLCs, land trusts, nominee arrangements, foreign-owned LLCs) may trigger reporting either as foreign reporting companies or via Real Estate Reports; Exemptions exist (highly regulated entities, certain trusts, subsidiaries of exempt entities) but are narrower in the Real Estate Report rule; Penalties and update/correction requirements remain important — FinCEN guidance warns of enforcement and fraudulent solicitations; State-level requirements vary — many states do not require BOI reporting post-IFR, but state-level beneficial ownership registries or disclosure obligations may exist in some jurisdictions and local reporting (e.g., to county recording offices or title insurers' GTO obligations) can still apply.
Want more insights?
Subscribe to our newsletter for more expert insights on compliance and business formation.