We're having some problems with balancing our duties to the client. FinCEN has told us not to try to circumvent the reporting rule. We have a duty to act in the best interest of the client and certain exceptions to the rule exist. So, using a real example, a client is planning on purchasing the property in the name of their trust and the other elements requiring reporting are met. But if the client purchases in their own name and then transfers the property to their trust "for estate planning purposes," we would not be required to report. It seems like our fiduciary duty obligates us to disclose when we are (or are not) required to report. In addition, having the client pay a fee for a report that does not protect the client (we are the only ones on the hook if we don't report) may not in the client's best interest.