The Corporate Transparency Act may require certain U.S. companies to disclose beneficial ownership information to FinCEN to combat financial crimes.
While a Texas federal district court’s preliminary injunction puts this requirement on hold, many experts expect that to be overturned. In that event, failure to file could lead to fines of $500 per day, up to a maximum of $10,000, and possible criminal penalties.
Read more for details on how this may impact your business in the future.
1. Determine if Your Business Must File.
A “reporting company” is any small business, corporation, or LLC that is registered with the state, unless exempt. Exemptions apply to publicly traded companies, banks, and charities. For example, a tech startup in Palo Alto, CA would likely need to file a BOI report.
2. Identify Your Beneficial Owners.
A “beneficial owner” is someone who has substantial control over a company or owns at least 25% of it. For example, in Palo Alto, a co-owner of a local wedding planning business who oversees major operational decisions and holds a 40% ownership stake would be considered a beneficial owner.
3. Gather the Required Information.
Prepare:
-
Business name, address, and EIN.
-
Beneficial owners’ names, addresses, DOBs, and ID details.
4. File Your BOI Report.
Deadlines:
-
Existing businesses: File by 01/01/2025.
-
New companies (2024): File within 90 days of formation.
-
New companies (2025+): File within 30 days of formation.
ZenBusiness offers guidance and tools for small business owners doing BOI reporting, simplifying the process and ensuring compliance with FinCEN requirements.
Penalties for Non-Compliance:
While a Texas federal district court’s preliminary injunction puts this requirement on hold, many experts expect that to be overturned. In that event, failure to file could lead to fines of $500 per day, up to a maximum of $10,000, and possible criminal penalties. FinCEN provides a 90-day safe harbor period for corrections without penalties.
No action is needed immediately, but if you’d like to go ahead with your BOI filing, you can avoid hassles by filing with the quick and accurate assistance of ZenBusiness.
Additional Resources:
We want to hear from you!
We need your feedback! Please fill out our BOI survey by December 18, 2024, and for every 25 responses, our Chamber will receive a $100 donation. Take the survey here! Your participation is greatly appreciated!
As of December 3, 2024, a Texas federal district court has issued a preliminary injunction for all states to block the CTA and its relevant regulations. However, filing your BOI will help you avoid fines if this injunction is overruled.
