FinCEN Rule on Real‑Estate Ownership Shapes Florida Land Trusts and Cash Home Purchases

Effective March 1 2026, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) will require disclosure of the individuals who own 25 % or more of an LLC or corporation that purchases residential property for at least $300,000 with cash or cryptocurrency. The reporting rule first applies to 22 counties—including Manhattan, Miami, Los Angeles, San Francisco, Boston, Seattle and San Diego—and is expected to expand nationwide.

The new requirement changes how investors use Florida land trusts, which keep the beneficiary’s name off the public deed by having an independent trustee hold title. Because the beneficiary’s interest is classified as personal property, the trust can preserve privacy, aid succession planning and simplify transfers, but the FinCEN rule forces disclosure of the true owners behind the trust‑holding entities. Buyers who finance purchases with a mortgage or hold title in a revocable trust are exempt, while all‑cash transactions and purchases through LLCs or corporations now face heightened scrutiny.

Real‑estate professionals advise careful structuring, such as using independent trustees, trusts that are not subject to reporting, or purchasing outside the covered counties, to avoid the reporting burden while remaining compliant.