Real Wealth Show: Real Estate Investing Podcast · Kathy Fettke / RealWealth

The New FinCEN Real Estate Rule: What Investors Must Report After March 1 with Clint Coons

·25 min·10 clips

Kathy Fetke brings back Clint Coons to explain a new FinCEN rule that changes reporting around transferring real estate into legal entities. The focus stays narrow. It covers residential property, including four units and less, especially transfers involving LLCs and trusts, and it does not extend to commercial property or raw land. Kathy treats the conversation as a follow-up to the earlier Corporate Transparency Act discussion. Clint begins by separating the latest rule from the prior one so listeners can see what has actually changed. From there, he walks through the practical question investors keep asking: what must be reported, and what still falls outside the rule. His answer is based on structure, not theory. The only exempt transfer he names is moving your own property into your own trust. Buying in a trust is not the same thing. He also pushes back on the idea that every trust-based purchase is automatically protected. For investors, his advice is simple. Take title in your own name first. Then transfer the property into the trust afterward if that is the plan. That sequence keeps the purchase itself from becoming the reportable event. The conversation also covers why many owners want these structures in the first place. Privacy matters in real estate. If ownership is easy to trace, it can draw attention from a tenant's attorney or other potential claimant. Clint ties that back to the larger point of asset protection. He notes that the penalties for ignoring the rule can be severe, including per-transaction fines, daily fines, and potential prison time for willful noncompliance. The discussion ends with a practical warning: know the reporting line before moving title.

As heard by us

A practical guide to avoiding reporting mistakes when moving residential property into an entity.

FinCEN's new reporting rule may change how some real estate owners think about transfers into LLCs or trusts. Kathy Fetke and Clint Coons keep the focus on the practical side: when a transfer becomes reportable, what kind of property is covered, and where the narrow exemption…

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Before you move title into an LLC or trust, know what FinCEN may want reported.

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