REQUIREMENTS FOR BENEFICIAL OWNERSHIP (BOI) REPORTING:
The Corporate Transparency Act (“CTA”) was enacted by U.S. Congress on January 1, 2021, as part of the National Defense Authorization Act. The CTA includes significant reforms to anti-money laundering laws and is intended to help prevent and combat money laundering, terrorist financing, corruption, and tax fraud.
The CTA establishes a beneficial ownership information (BOI) reporting requirement for corporations, limited liability companies, and other similar entities formed or registered to do business in the United States. Beneficial ownership reports must be filed with the Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Department of Treasury with an initial deadline of December 31, 2024.
A RECENT DEVELOPMENT regarding BOI Reporting:
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction enjoining the federal government from enforcing the Corporate Transparency Act (CTA). This means the Financial Crimes Enforcement Network (FinCEN), as part of the Treasury Department, cannot currently enforce the Beneficial Ownership Information (BOI) Reporting Rule enacted pursuant to the CTA. The lawsuit asserted that the CTA is outside of Congress' power to regulate under the Commerce Clause and is therefore unconstitutional.
Litigation continues and it is possible the federal government will appeal the preliminary injunction. NAR recommends that members consult legal counsel for legal advice regarding compliance and the implications of the preliminary injunction on their businesses. As of this writing, FinCEN's BOI Reporting entity remains open and is accepting BOI Reports, despite the preliminary injunction prohibiting FinCEN from implementing or enforcing the CTA and BOI Reporting Rule.
Be sure to register and attend NAR's no-cost Business Ownership Information (BOI) Reporting Rule webinar on December 10, 2024 from 2 – 3pm, for up-to-date information regarding the BOI Reporting Rule and the preliminary injunction.
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