Home and Ownership

Today is tax day and across America we will be writing checks, filling in forms for both State and Federal taxes in which to ensure our role in the defining marker of equality and parity in American Democracy. Yeah that is working out great, right?

One of the ideas that is instilled in Americans is the dream of Home Ownership. And that has been peddled along with the idea that a College Degree is the key to success. And that is working out great, right?

Owning a home is perhaps the most daunting project one can take on. It is considered wealth building, provides economic security and builds a concept of community as one lives, builds a family, works and lives in a home for at least the term of the Mortgage (that usually 30 years) and in turn sends their Children to local schools, which are paid for through the taxes on said home. This like Meritocracy is a massive myth.

Home ownership MAY have been that at some point in the economic ladder but like Union jobs, decent wages, pension plans and other financial incentives such as supporting infrastructure that includes schools, public transportation, roads and all that align said roads, from crosswalks to street lighting, I suggest you take a trip to a Southern City and see how that fails in every stretch of the imagination. Even some larger cities that are appreciated for density fail in providing that equally across the board to all citizens as you can see in New York, Los Angeles, Seattle, San Francisco.

One book that deals with some of the failures of policy when it comes to issues regarding housing, especially affordable housing is a book called San Francisko. But there are other books that have covered the economic failures such as Evicted, Nickel and Dimed to name a few. The reality is that housing has always been a NIMBY issue by many regardless of their political and economic leanings. They may be for different reasons but the issue is the same when it comes to costs. And by that we mean Property Tax. This is the least transparent of tax systems and this article about how New York City demonstrates that the poorer homeowner often subsidizes the richer home owner when it comes to the way taxes are assessed.

And this is not just in New York, Colorado is facing a similar situation. And the move to remote work led many to find themselves relocating to cheaper environs in which to work and live and surprise they are not the Nirvana one imagines. As I can attest living in Nashville I experienced first hand the United States equivalent of third world country trying to navigate a city with lackluster public transportation, poor sidewalks, no crosswalks, high traffic fatalities, shitty infrastructure when it comes to weather issues and then the largest issue – the failures of the public school system. This article discusses the way these areas nickel and dime you to death when it comes to subsidizing the city when property and/or income taxes are low.

One of the major beliefs in home ownership which still mystifies me is a “starter home” that one buys and maintains to eventually leave and build up or move up. I had never heard of this until the arrival of HGTV and with that flipping also became a new moniker in which to convey they idea of buying properties that a dilapidated and in turn fixing them and turning them over to make a buck. I recall that may have been a factor in the crash of 2008 but again those were different times, right? True lower than lower mortgage rates, less down, shorter term loans and of course Realtors and Mortgage Brokers willing to find suckers, whoops I mean, clients willing to sign the contract. That worked out well, didn’t it?

I could get into a discussion about Real Estate and their MONOPOLY (the reality not the game on which irony that it is based) on selling and buying homes. The recent Missouri Case regarding the National Association of Realtors and that subject is best explained in this article from some of the actual Homeowners behind the case. It is shocking to realize how exploited and dependent we are on agents who have little to no business background, accounting or legal knowledge yet we hand over thousands of dollars to them to exchange property. A Lawyer could do it for a flat fee and so could any Agent, but that is not how it has been done. Okay then.

I have written often about how Real Estate Agents are one step above a Used Car Salesman and again Television has glorified it with varying reality shows that have them raking in the bucks and living the life. That is not the life of the “average” Real Estate Agent. This is one perspective I found that explains wages and incomes in varying markets. But like many other industries, this is industry that is not exempt from those that define corporate hierarchy, or is that Patriarchy? As the the story behind the such as this reason the NAR (irony that the acronym is so close to the NRA) head stepped down. Or this story about another Real Estate Agency, eXp, and their “issues” regarding harm. But just a review of a search in the NY Times brings article after article about the real estate industry and its many “issues.”

Aside from that industry that has contributed to housing costs, housing shortages and denting one’s savings via commissions and costs (come on do you really need to stage a home?) that ultimately come out of the seller’s pocket, there is little to no reason to believe that the equity you have built in your home for many will entitle them to a million dollar retirement. Again that is the reality of real estate, the rich stay richer, the poor stay well less poor in some cases if they have a hot house in a hot market.

But the real problems with home ownership other than maintenance which includes insurance, upkeep as those two factors with Climate problems of late are placing burdens on many, is the biggest check one will write – Property Taxes.

I have reprinted this editorial from the Times regarding this issue and it is something that we have to ask why? As I live in Jersey City the city mentioned in the article I can see firsthand what happened to this city and the aftermath of what it means for its residents, past.

It’s Time to End the Quiet Cruelty of Property Taxes

April 11, 2024 The New York Times Guest Essay

By Andrew W. Kahrl

Dr. Kahrl is a professor of history and African American studies at the University of Virginia and the author of “The Black Tax: 150 Years of Theft, Exploitation, and Dispossession in America.”

Property taxes, the lifeblood of local governments and school districts, are among the most powerful and stealthy engines of racism and wealth inequality our nation has ever produced. And while the Biden administration has offered many solutions for making the tax code fairer, it has yet to effectively tackle a problem that has resulted not only in the extraordinary overtaxation of Black and Latino homeowners but also in the worsening of disparities between wealthy and poorer communities. Fixing these problems requires nothing short of a fundamental re-examination of how taxes are distributed.

In theory, the property tax would seem to be an eminently fair one: The higher the value of your property, the more you pay. The problem with this system is that the tax is administered by local officials who enjoy a remarkable degree of autonomy and that tax rates are typically based on the collective wealth of a given community. This results in wealthy communities enjoying lower effective tax rates while generating more tax revenues; at the same time, poorer ones are forced to tax property at higher effective rates while generating less in return. As such, property assessments have been manipulated throughout our nation’s history to ensure that valuable property is taxed the least relative to its worth and that the wealthiest places will always have more resources than poorer ones.

Black people have paid the heaviest cost. Since they began acquiring property after emancipation, African Americans have been overtaxed by local governments. By the early 1900s, an acre of Black-owned land was valued, for tax purposes, higher than an acre of white-owned land in most of Virginia’s counties, according to my calculations, despite being worth about half as much. And for all the taxes Black people paid, they got little to nothing in return. Where Black neighborhoods began, paved streets, sidewalks and water and sewer lines often ended. Black taxpayers helped to pay for the better-resourced schools white children attended. Even as white supremacists treated “colored” schools as another of the white man’s burdens, the truth was that throughout the Jim Crow era, Black taxpayers subsidized white education.

Freedom from these kleptocratic regimes drove millions of African Americans to move to Northern and Midwestern states in the Great Migration from 1915 to 1970, but they were unable to escape racist assessments, which encompassed both the undervaluation of their property for sales purposes and the overvaluation of their property for taxation purposes. During those years, the nation’s real estate industry made white-owned property in white neighborhoods worth more because it was white. Since local tax revenue was tied to local real estate markets, newly formed suburbs had a fiscal incentive to exclude Black people, and cities had even more reason to keep Black people confined to urban ghettos.

As the postwar metropolis became a patchwork of local governments, each with its own tax base, the fiscal rationale for segregation intensified. Cities were fiscally incentivized to cater to the interests of white homeowners and provide better services for white neighborhoods, especially as middle-class white people began streaming into the suburbs, taking their tax dollars with them.

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One way to cater to wealthy and white homeowners’ interests is to intentionally conduct property assessments less often. The city of Boston did not conduct a citywide property reassessment between 1946 and 1977. Over that time, the values of properties in Black neighborhoods increased slowly when compared with the values in white neighborhoods or even fell, which led to property owners’ paying relatively more in taxes than their homes were worth. At the same time, owners of properties in white neighborhoods got an increasingly good tax deal as their neighborhoods increased in value.

As was the case in other American cities, Boston’s decision most likely derived from the fear that any updates would hasten the exodus of white homeowners and businesses to the suburbs. By the 1960s, assessments on residential properties in Boston’s poor neighborhoods were up to one and a half times as great as their actual values, while assessments in the city’s more affluent neighborhoods were, on average, 40 percent of market value.

Jersey City, N.J., did not conduct a citywide real estate reassessment between 1988 and 2018 as part of a larger strategy for promoting high-end real estate development. During that time, real estate prices along the city’s waterfront soared but their owners’ tax bills remained relatively steady. By 2015, a home in one of the city’s Black and Latino neighborhoods worth $175,000 received the same tax bill as a home in the city’s downtown worth $530,000.

These are hardly exceptions. Numerous studies conducted during those years found that assessments in predominantly Black neighborhoods of U.S. cities were grossly higher relative to value than those in white areas.

These problems persist. A recent report by the University of Chicago’s Harris School of Public Policy found that property assessments were regressive (meaning lower-valued properties were assessed higher relative to value than higher-valued ones) in 97.7 percent of U.S. counties. Black-owned homes and properties in Black neighborhoods continue to be devalued on the open market, making this regressive tax, in effect, a racist tax.

The overtaxation of Black homes and neighborhoods is also a symptom of a much larger problem in America’s federated fiscal structure. By design, this system produces winners and losers: localities with ample resources to provide the goods and services that we as a nation have entrusted to local governments and others that struggle to keep the lights on, the streets paved, the schools open and drinking water safe. Worse yet, it compels any fiscally disadvantaged locality seeking to improve its fortunes to do so by showering businesses and corporations with tax breaks and subsidies while cutting services and shifting tax burdens onto the poor and disadvantaged. A local tax on local real estate places Black people and cities with large Black populations at a permanent disadvantage. More than that, it gives middle-class white people strong incentives to preserve their relative advantages, fueling the zero-sum politics that keep Americans divided, accelerates the upward redistribution of wealth and impoverishes us all.

There are technical solutions. One, which requires local governments to adopt more accurate assessment models and regularly update assessment rolls, can help make property taxes fairer. But none of the proposed reforms being discussed can be applied nationally because local tax policies are the prerogative of the states and, often, local governments themselves. Given the variety and complexity of state and local property tax laws and procedures and how much local governments continue to rely on tax reductions and tax shifting to attract and retain certain people and businesses, we cannot expect them to fix these problems on their own.

The best way to make local property taxes fairer and more equitable is to make them less important. The federal government can do this by reinvesting in our cities, counties and school districts through a federal fiscal equity program, like those found in other advanced federated nations. Canada, Germany and Australia, among others, direct federal funds to lower units of government with lower capacities to raise revenue.

And what better way to pay for the program than to tap our wealthiest, who have benefited from our unjust taxation scheme for so long? President Biden is calling for a 25 percent tax on the incomes and annual increases in the values of the holdings of people claiming more than $100 million in assets, but we could accomplish far more by enacting a wealth tax on the 1 percent. Even a modest 4 percent wealth tax on people whose total assets exceed $50 million could generate upward of $400 billion in additional annual revenue, which should be more than enough to ensure that the needs of every city, county and public school system in America are met. By ensuring that localities have the resources they need, we can counteract the unequal outcomes and rank injustices that our current system generates.

The End Zone

The biggest scam of the Trump nightmare is the tax breaks that provided Real Estate Developers with a tax break to develop in specific areas of a city called “Opportunity Zones.”  The opportunity is that they get a ten year tax break in which to write off capital gains and hold their interest with little concern to overall use, income generation or even purpose or occupancy rates until they sell the building.  And as always property on land regardless of what sits on top is what determines value so having a structure sit vacant with overpriced under utilized facilities is not a problem, return on investment is.  And there are structured payments in line with expectations under conventional development that investors expect in REIT’s or more structured lending packages. Not this one.

The current Congress in between Impeachment hearings are looking into the next Trump fraud to see how to circumvent this after reading about one of the more infamous fraudsters of another decade was brought to the forefront for his role in these capital plans.   Michael Milken was one of the 80s dynamos that gave us Trump and right there is a reason to hold suspect.  He, however, did time.

Chris Christie, the former Governor of my new current State home is another who is profiting from these vaguely needed high end luxury developments alighting my area where rents are Manhattan levels without the benefit of living in Manhattan.  But like the former Governor, they seem to be out of gas.  Maybe Trump was right to leave that lemon.

Here in Jersey they are called “Investment Opportunities” and you see the shiny key syndrome going on all over Jersey City as it was declared an “it” city like Nashville was five years ago but this is still Jersey with all the reputation, the commute issues among others that frankly have allowed some development to go through but like all things in Jersey, you don’t mess with the people here or they will push back.  And this past week we saw them stand up to AirBnb and prohibit the unfettered growth in the fake home sharing business that is like WeWork only smart enough to have beards by having real people rent out homes or rooms to provide the face of the average host.  Wrong, wrong and more wrong as they too are largely investors and businesses that are buying or leasing properties with fake hosts posing on the site as the actual owner.  Gee Trevor in Nashville has a hell of a lot of properties and sure enough they found that in Jersey that was the case and they said, fuck that shit. Watch the growth of rentals add to an already large rental market with overpriced units aligning the landscape. The it city status was not something they ran amok on as they did in Nashville and again AirBnb rears its ugly head with the party house bullshit that led to a shooting.  In Nashville they have plenty of shootings in the street but its AirBnb that provides the security they need to keep those Bridezilla floats alive and chugging down the streets of the city.

Meanwhile across from my building they are erecting a 20 floor luxury build that was in the pipeline a little late for entry but if this is an “investment” it will pay back in the views that now blocked and the increased traffic to an already congested area.  Its all good that my view is partially gone as they are building more and more with other views and eventually all good things crash and this is one coming hard.  Let’s hope rents fall instead of the buildings however.

But despite it the boon of apartments, storage units and other odd builds that rarely offer affordable housing or development that the everyman can use as Congress is finding.

Lawmakers Increase Criticism of ‘Opportunity Zone’ Tax Break

Congressional Democrats are calling for investigations and legislative fixes in the wake of reporting by The Times.

By Eric Lipton and Jesse Drucker
The New York Times
Nov. 6, 2019

Lawmakers are voicing mounting concerns about a federal tax incentive, known as an “opportunity zone,” that is supposed to encourage investors to pump money into the nation’s poorest neighborhoods.

Leading Democrats in the House and Senate have sent a flurry of letters demanding answers and action by federal agencies after recent New York Times articles detailed how wealthy investors and real estate developers, including those with ties to the Trump administration, are poised to profit on the initiative.

In August, The Times highlighted how tax-advantaged money was beginning to flow to development projects that were underway in affluent neighborhoods even before the opportunity-zone incentive was enacted as part of President Trump’s tax cuts at the end of 2017. The initiative enjoyed broad bipartisan support.

An article last month described how the financier Michael Milken, a longtime friend of Treasury Secretary Steven Mnuchin’s, is among the investors who stand to benefit from the way the Treasury Department is writing the rules governing the tax incentive.

Senator Ron Wyden of Oregon, the top Democrat on the Finance Committee, said he was introducing legislation this week that would eliminate hundreds of opportunity zones in relatively wealthy neighborhoods.

Other lawmakers have written letters, citing The Times’s reporting, to Mr. Mnuchin and called for investigations by the Treasury Department’s inspector general and the Government Accountability

The tax incentive is supposed to help struggling communities by attracting new businesses, housing and other real estate projects. If investors with capital gains — profits on stocks, real estate or other assets that have increased in value — invest them in one of nearly 8,800 opportunity zones, they get a discount on their capital gains tax bill, as well as the potential to avoid any future capital gains taxes if the new investment increases in value.

While the incentive has driven money into economically ailing cities including Erie, Pa., and Birmingham, Ala., much of the money has gone to projects that were already planned or being built in rapidly gentrifying neighborhoods in places like Houston, Miami and New Orleans.

Two Democrats and a Republican on the House Ways and Means Committee introduced a bill on Wednesday to require funds that invest in opportunity zones to file annual reports with the Treasury that disclose details of their development projects and any new businesses.

The bill would impose $500-a-day penalties for failure to file the report and require the Treasury to make the reports public. The Treasury also would have to release an annual report on job creation and poverty reduction attributable to the tax break.

“It’s our job to conduct oversight and ensure the zones work as intended everywhere,” said Representative Mike Kelly, Republican of Pennsylvania, a co-sponsor of the bill.

Mr. Wyden’s bill would go much further. It would make it harder for developments that were underway before the tax break to qualify for the incentive. It also would disqualify about 200 zones that are adjacent to low-income census tracts but are not themselves poor.

“We’re seeing examples that are enormously troubling” among designated zones, Mr. Wyden said in an interview, citing the Times articles. “I am proposing to terminate those zones until we get out in front of this.”

A number of industries are already not permitted to benefit from the tax break, including liquor stores, massage parlors and racetracks. Mr. Wyden’s bill would expand that prohibition to self-storage facilities and luxury housing, which have been popular destinations for opportunity-zone money.

Some of the loudest calls for changes in the tax incentive are coming from members of the Congressional Black Caucus, who in many cases represent poor urban areas that were supposed to see some of the biggest opportunity-zone investments.

Representatives Emanuel Cleaver II of Missouri and James E. Clyburn of South Carolina, both Democrats, said they were extremely disappointed with how the opportunity-zone initiative was playing out, though they acknowledged that the results might improve over time.

Mr. Cleaver said he had spent many weekends organizing meetings in his district to bring together business leaders and local officials to try to lure opportunity-zone dollars to distressed neighborhoods in Kansas City and Independence, Mo.

“We thought the companies would be beating on our doors, saying, ‘Please, please, we want to build this or build that,’” Mr. Cleaver said. “But it just hasn’t happened.”

Mr. Clyburn said that when a real estate project did come to his district, it was to serve college students, not poor residents.

“The program needs to be tweaked — or it needs to experience its funeral,” said Mr. Clyburn, the third-ranking House Democrat.

Representative Ron Kind, Democrat of Wisconsin, one of the original sponsors of opportunity-zone legislation, said he wanted to at least make sure that the measures forcing greater transparency were passed into law.

“There seems to be unanimity and bipartisan agreement that would be nice to move the reporting requirement bill forward,” he said in an interview.

But Mr. Kind said he was troubled by the heavy investment that appeared to be taking place so far in “shovel ready” real estate projects that would most likely have been built even without the tax break.

Lawmakers asked the Government Accountability Office, the investigative arm of Congress, to evaluate the tax break, including how various census tracts were designated as opportunity zones. And at least two House committees are planning to hold oversight hearings into the tax incentive.

On Monday, the top Democrats on the two congressional tax-writing committees, Mr. Wyden and Representative Richard E. Neal of Massachusetts, chairman of the Ways and Means Committee, wrote a letter to Mr. Mnuchin asking questions about The Times article on Mr. Milken and Mr. Mnuchin. The congressmen said it was “deeply troubling” that Mr. Milken appeared to receive special treatment.

Mr. Milken, in a five-page letter posted on his website after the article was published, said he had played no role in recommending to any government official that a county in Nevada where he had invested be designated an opportunity zone. He said he had never discussed his investment with Mr. Mnuchin.

Find the Pea

I have long lamented that Real Estate Agents have long been overlooked in their role in the mortgage meltdown crisis.   True without banks and their helpful allies to compensate, cover up and engineer financial programs to mask their fiduciary fuckups, Real Estate Agents would still be largely housewives and driving Subuaru’s. But then came the money and the prestige of “million dollar” real estate and thanks to Bravo that concept is alive and well in lucrative markets such as Beverly Hills, Manhattan, Miami and San Francisco. 

But in the real reality the markets are climbing in that direction in cities where there is a large migratory pattern – Portland, Seattle, Charleston/Charlotte and Raleigh areas of the Carolinas, and DC.   When you look at the influx of people as are often charted you see net growth and of course recession in population as defined by both jobs and of course costs of living as that often affects retirees the greatest.

But it is interesting to see how that data plays out with regards to the larger picture and its affects on the community – from schools, to housing prices, types of housing (the pods vs the coffins vs the multifamily units), to transportation via commuting and the infrastructure issues that also result.   We have always been a migratory nation but it leveled off during the recession and the patterns that have now resulted are clearly ones that reflect a two tier economy – the tech sector in the west vs now a new growth of manufacturing in the south.  And this in turn plays into the political spectrum and that divide as well.

But when you have foreign investors or again hedge funds buying homes as portfolio assets common to REIT’s you have of course obfuscation of who owns the property, often tax issues and yes even criminal ones.  So this is a start but just a start as where is San Francisco, Portland, Seattle on this list?    They are here as well and if not they will be when the market that they once were interested in is now under a microscope. This is just another hide the pea under the walnut scheme.

If El Chapo had done this even Sean Penn might not have found him. 



U.S. Will Track Secret Buyers of Luxury Real Estate

Concerned about illicit money flowing into luxury real estate, the Treasury Department said Wednesday that it would begin identifying and tracking secret buyers of high-end properties.

It is the first time the federal government has required real estate companies to disclose names behind cash transactions, and it is likely to send shudders through the real estate industry, which has benefited enormously in recent years from a building boom increasingly dependent on wealthy, secretive buyers.

The initiative is part of a broader federal effort to increase the focus on money laundering in real estate. Treasury and federal law enforcement officials said they were putting greater resources into investigating luxury real estate sales that involve shell companies like limited liability companies, often known as L.L.C.s; partnerships; and other entities.

Future investigations, they said, will focus increasingly on professionals who assist in money laundering, including real estate agents, lawyers, bankers and L.L.C. formation agents.
Officials said the new government efforts were inspired in part by a series last year in The New York Times that examined the rising use of shell companies as foreign buyers increasingly sought safe havens for their money in the United States. The investigation found that real estate professionals, especially in the luxury market, often do not know much about buyers. Until now, none of them have been legally required to.
The use of shell companies in real estate is legal, and L.L.C.s have a range of uses unrelated to secrecy. But a top Treasury official, Jennifer Shasky Calvery, said her agency had seen instances in which multimillion-dollar homes were being used as safe deposit boxes for ill-gotten gains, in transactions made more opaque by the use of anonymous shell companies.
“We are concerned about the possibility that dirty money is being put into luxury real estate,” said Ms. Calvery, the director of the Financial Crimes Enforcement Network, the Treasury unit running the initiative. “We think some of the bigger risk is around the least transparent transactions.”
The department will focus on sales that are both paid for all in cash and conducted using shell companies.  The government is requiring title insurance companies, which are involved in virtually all sales, to discover the identities of buyers and submit the information to the Treasury.
In Manhattan, the initiative requires buyers in sales of more than $3 million to be reported; in Miami-Dade County, it requires reporting on sales of more than $1 million. In Manhattan, 1,045 residential sales cost more than $3 million in the second half of 2015, worth some $6.5 billion in aggregate, according to PropertyShark, a real estate data company.
A senior Federal Bureau of Investigation official, Patrick Fallon, said the anonymity possible under existing shell companies had stymied investigations and the Treasury initiative would help trace illicit money.
“We fully intend to encourage expansion of it, so, not only to different geographic areas but as far as the time frame as well,” said Mr. Fallon, chief of the bureau’s financial crimes section. “We think it’ll prove its worth.”
In its investigation, The Times found that nearly half of homes nationwide worth at least $5 million are purchased using shell companies. In Manhattan and Los Angeles, the figure is higher.
      

In New York, The Times examined a decade of ownership at a prominent condominium complex near Central Park, the Time Warner Center, and found a number of hidden owners who had been the subjects of government investigations. They included former Russian senators, a former governor from Colombia, a British financier, and a businessman tied to the prime minister of Malaysia, who is now under investigation.
In Florida, The Times uncovered a condominium in Boca Raton tied to Mexico’s top housing official, who recently stepped down and is now a leading contender for the governor’s office in the southern state of Oaxaca.
Ms. Calvery said the findings helped convince the Treasury that more scrutiny of high-end buyers is needed.  It’s easier to talk about it with people who aren’t specialists in our area when they read about it in the newspaper,” she said.
Indeed, last spring, New York City’s Finance Department began requiring shell companies buying real estate to report their members to the city. That rule, however, is less far-reaching than the Treasury action.
Real estate is becoming a larger target for law enforcement as well. According to two people with knowledge of cases at the Justice Department, lawyers there have begun to shape cases directly around money laundering in real estate deals rather than adding such transactions to other cases.
The F.B.I. has in recent months created a new unit to focus on money laundering, and real estate will be one main focus. The unit, which has 10 agents, will help the Justice Department delve into shell companies and the people involved in money laundering, F.B.I. officials said.
“We’re going after the facilitators of the money laundering,” Mr. Fallon, of the F.B.I., said. “They’re the bankers, they’re the accountants, lawyers, folks who are setting up L.L.C.s, they are setting up foundations, folks who are setting up nonprofits, real estate investment trusts, etc.”

The new scrutiny is likely to increase headaches for the real estate industry, in part because shell companies are not easy to penetrate. Buyers often mask their identities by layering companies on top of other shell companies. Buyers also commonly fill out L.L.C. formation papers using the names of lawyers or other place holders, often called “nominees,” instead of their own names.
The Treasury is looking for the actual owners behind shell companies, often referred to as the beneficial owners. “We’re not looking for nominees,” Ms. Calvery said.

In its order, the Treasury defined beneficial owners as “each individual who, directly or indirectly, owns 25 percent or more of the equity interests” of the entity that bought the property. Once title companies identify those people, they are required to copy driver’s licenses or passports and also pass the individuals’ names to the Treasury Department.
Stephen Hudak, a spokesman for the Treasury’s Financial Crimes Enforcement Network, said any title companies or purchasers who provided false information could face penalties. The American Land Title Association said in a statement that it would help its members comply with the Treasury’s new naming requirements.
Under the U.S.A. Patriot Act, the Treasury is already authorized to require real estate companies to scrutinize real estate buyers, but the department has in the past faced fierce lobbying against issuing such rules. The department already requires mortgage lenders to scrutinize buyers. But cash buyers have been a big hole in the government’s oversight of the market, Ms. Calvery said.
“Repeated anecdotal information where we see criminals of different stripes putting money into real estate all suggest to us that this is an area we need to pay attention to,” she said.