FinCENOn July 26, 2016, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the United States Department of Treasury, issued a Geographical Targeting Order (“GTO”) requiring title insurers, their subsidiaries and agents, to report certain information in connection with the purchase of 1-4 unit residential real properties in Covered Transactions.

A “Covered Transaction” is an all-cash transaction in which the property is being purchased by a limited liability company, corporation, partnership or a similar legal or business entity, and the purchase price is $2,000,000 or more (for properties in the counties of San Diego, Los Angeles, San Francisco, San Mateo or Santa Clara, California).

If a property is being purchased in a Covered Transaction that meets these criteria, the proposed insured purchaser must provide all information necessary for the Title Company to complete IRS form 8300.

What are Covered Transactions?

* The property being purchased is 1-4 unit residential property;

* The property is located in any of the designated counties of California

* The sales price meets the designated threshold amount;

* The purchaser is a legal entity (i.e., a corporation, LLC, partnership or similar business entity);

* The property is purchased without a loan or similar form of external financing; and

* Any portion of the purchase price is paid using currency, cashier’s check, certified check, traveler’s check, money order, personal check or business check.

 

To satisfy this requirement, we may need to obtain additional information from other parties involved in the transaction.

For more information, please visit the following links:
http://www.alta.org/fincen/081216_FAQ_FINCEN_GTO.pdf
https://www.fincen.gov/news_room/nr/pdf/GTO_Phase_2_FAQs%20_081916.pdf

Leave a Reply

Sign-Up for Email Updates 


Invalid email

Thanks for subscribing!