Should Putting a House in an LLC Be Considered Commerce? | Rightly Decided Clips

TPPF’s Center for the American Future filed suit against the Financial Crimes Enforcement Network (“FinCEN”) in April of 2025. The suit (Corley v. U.S. Dep’t of the Treasury) argues that in publishing a new rule, FinCEN exceeded the Federal Government’s constitutional authority under the Commerce Clause.

The challenged rule requires the disclosure of personal, sensitive information to the Federal Government whenever a person transfers residential real estate into an LLC, corporation, or a trust in some cases, unless the transfer is financed.

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