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 local coffee shop in Sacramento, CA would likely need to file a BOI report.

2. Identify Your Beneficial Owners.

A “beneficial owner” is someone who either has substantial control over a company or owns at least 25% of it. This could be a managing partner, a key decision-maker, or anyone with significant ownership. For example, in Sacramento, if an individual owns a 40% stake in a local carpet cleaning business and is responsible for major operational decisions, they 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 assistance with BOI reporting, providing businesses with simplified processes and accurate guidance to comply with FinCEN requirements. Learn more here.

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 decide to move forward, you can avoid hassles by filing with the quick and accurate assistance of ZenBusiness.

Additional Resources:

• FinCEN BOI Filing Service

• FinCen Definition

• Will You Be Exempt from the Corporate Transparency Act?

• Check Out the State Requirements for Beneficial Ownership Reporting

• Navigating Beneficial Ownership Reports

• Details on Preliminary Injunction

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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.