Albuquerque Real Estate | Venturi Realty Group

FinCEN AML Real Estate Reporting Requirements

Interactive Guide for Anti-Money Laundering Compliance

Effective Date: December 1, 2025
Interactive Reporting Decision Flowchart
Is this a transfer of residential real property?
(1-4 unit residential properties, condominiums, townhomes, cooperatives, or land designated for residential use)
🚨 REPORTING REQUIRED
You must file Form 8300 with FinCEN
✅ NO REPORT REQUIRED
This transaction is exempt from AML reporting
Required Buyer/Transferee Information
Important: All information below must be collected and reported for transactions requiring AML reporting. Failure to collect complete information may result in penalties.
1. Buyer/Transferee Identification

Individual Buyers:

  • Full legal name (first, middle, last)
  • Complete current address (street, city, state, ZIP code)
  • Date of birth
  • Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN)
  • Primary phone number and email address
  • Copy of government-issued photo identification (driver's license, passport, etc.)
  • Occupation and employer information

Entity Buyers (Corporations, LLCs, Partnerships):

  • Complete legal entity name as registered
  • Entity type (Corporation, LLC, Partnership, etc.)
  • Employer Identification Number (EIN)
  • State and date of incorporation/formation
  • Principal business address
  • Nature of business/primary business activities
  • Registered agent name and address

Trust Buyers:

  • Full name of the trust
  • Date trust was established
  • Tax Identification Number (TIN/EIN)
  • Trust address
  • Type of trust (revocable, irrevocable, etc.)
  • Purpose of the trust
2. Beneficial Ownership Information
Required for all entities and trusts: Information for each person who owns 25% or more of the entity or exercises substantial control.

For Each Beneficial Owner:

  • Full legal name and any known aliases
  • Current residential address
  • Date of birth
  • Social Security Number or ITIN
  • Copy of government-issued photo identification
  • Percentage of ownership interest
  • Nature of control (voting rights, management control, etc.)
  • How ownership/control was acquired
  • Country of citizenship/nationality

For Trusts - Additional Requirements:

  • Trustee information (name, address, SSN, ID copy)
  • Settlor/Grantor information
  • Current beneficiaries with 25% or greater interest
  • Successor trustees and contingent beneficiaries
  • Trust protector information (if applicable)
3. Authorized Signers and Representatives

For Each Person Authorized to Act on Behalf of Entity/Trust:

  • Full name and title/position
  • Business and personal contact information
  • Copy of identification documents
  • Scope of signing authority
  • Relationship to entity/trust
  • Board resolution or trust document excerpt showing authorization
  • Power of attorney documentation (if applicable)
4. Financial Information

Transaction Details:

  • Total purchase price/consideration
  • Amount paid in cash
  • Source of funds documentation
  • Method of payment (wire transfer, cashier's check, personal funds, etc.)
  • Financial institution information for wire transfers or checks
  • Account numbers and routing information
  • Currency exchange information (for foreign funds)

Source of Funds Documentation:

  • Bank statements showing fund accumulation
  • Employment verification and income documentation
  • Investment account statements
  • Loan documentation (if applicable)
  • Gift letters and supporting documentation
  • Business financial statements (for entity buyers)
  • Sale of assets documentation
5. Entity/Trust Documentation

Corporate Entities:

  • Certificate/Articles of Incorporation
  • Corporate bylaws
  • Operating agreement (for LLCs)
  • Partnership agreement (for partnerships)
  • Current certificate of good standing
  • Board resolutions authorizing the transaction
  • Shareholder/member list with ownership percentages
  • Organizational chart

Trust Documentation:

  • Complete trust agreement/document
  • Trust certification or abstract
  • Amendments to the trust
  • Trustee appointment documentation
  • Beneficiary schedule
  • Trust EIN assignment letter
  • Trustee acceptance and oath
6. Related Parties and Additional Participants

Other Parties to Report:

  • Seller-financers (if providing financing)
  • Third-party funding sources
  • Guarantors of financing
  • Intermediary entities in the transaction
  • Family members contributing funds
  • Business partners providing capital
  • Anyone with financial interest in the transaction

For Each Related Party:

  • Full identification information
  • Relationship to primary buyer
  • Nature and amount of contribution
  • Source of their funds
  • Documentation of the relationship
  • Agreements governing their participation
Compliance Requirements & Penalties
Filing Deadline: Form 8300 must be filed within 30 days of the transaction closing date.

Penalties for Non-Compliance:

  • Failure to file: Up to \$25,000 per violation
  • Late filing: Up to \$25,000 per violation
  • Incomplete information: Up to \$25,000 per violation
  • Intentional disregard: Greater of \\$25,000 or amount of cash received (up to \$100,000)
  • Criminal penalties: Up to 5 years imprisonment for willful violations

Important Notes:

  • All information must be verified and supporting documentation retained
  • Suspicious activity should be reported separately via SAR filing
  • Customer notification requirements apply within 30 days of filing
  • Records must be maintained for 5 years after filing date
  • Consult legal counsel for complex transactions or compliance questions