Who is required to file reports?+
Those who carry out the vulnerable activities listed in Article 17 of the LFPIORPI (among others: real estate, public attestation, armoring, jewelry, works of art, lending, service cards, valuables transport, real estate development). The reporting obligation arises when a transaction exceeds the threshold set for that activity.
What cash amount triggers a report?+
It depends on the activity. Each vulnerable activity has an identification threshold and a reporting threshold, expressed in UMA. In addition, the Anti-Money-Laundering Law prohibits settling certain transactions in cash above set amounts — such as buying real estate, vehicles, jewelry, and works of art. The assessment computes your exposure against those caps.
What happens if I don't file the report on time?+
The LFPIORPI provides for administrative fines that can range from hundreds to tens of thousands of UMA depending on the conduct, plus possible revocation of authorizations and criminal liability in serious cases. Filing late is also sanctionable.
Are real estate brokers a vulnerable activity?+
Yes. Habitual or professional brokering in the purchase and sale of real estate is a vulnerable activity. Building or developing real estate for sale or rent is also one. Reports are filed when the transaction exceeds the applicable threshold.
Are builders included?+
Real estate development intended for sale or rent is a vulnerable activity. In-kind payments, exchanges, and subcontracting without verifying the subcontractor's RFC increase the risk and may carry additional tax implications.
How do I identify a Politically Exposed Person (PEP)?+
A PEP is someone who holds or has held prominent public functions (for example elected office, senior positions, judgeships, leadership of state-owned enterprises), as well as their close family members and associates. Dealing with a PEP requires enhanced due diligence and approval from a senior level.
Are there exceptions, or who does not report?+
Activities carried out by already-regulated financial entities are governed by their own framework, not the vulnerable-activities regime. There are also transactions below the identification threshold that do not generate a report, though they may still require assembling a client file. The specific case should be reviewed with a specialist.