What Business Owners Need to Know
As of January 1st, 2024, a crucial new reporting requirement will take effect for business owners across the United States: the Beneficial Ownership Information Report (BOI). This mandate, part of the Corporate Transparency Act, is designed to increase transparency within the business community and to combat illegal activities such as money laundering and fraud. Business owners have until January 1st, 2025, to comply with this new regulation, making it essential to understand who must file and what information needs to be reported.
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The Corporate Transparency Act: A Brief Overview
The Corporate Transparency Act is a significant piece of legislation aimed at enhancing corporate transparency in the U.S. One of its key components is the Beneficial Ownership Information Report, which requires certain businesses to disclose details about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). This effort is intended to curb illegal activities by making it more difficult for individuals to hide behind anonymous corporate entities.
Who Is Considered a Beneficial Owner?
Understanding who qualifies as a beneficial owner is critical for determining your company’s obligations under the Corporate Transparency Act. A beneficial owner is any individual who meets one of the following criteria:
- Directly or indirectly owns or controls 25% or more of the company
- Exercises substantial control over the company
- This definition can include company founders, executives, and significant shareholders, all of whom may be required to be listed in the BOI report.
Does Your Company Need to File?
Not all businesses are required to file a Beneficial Ownership Information Report. To determine if your company must comply, consider the following criteria:
- Your company is a corporation
- Your company is a limited liability company (LLC)
- Your company has 20 full-time equivalent employees or fewer
- Your company is registered to do business in any U.S. state or Tribal jurisdiction by filing a document with a secretary of state, similar state office, or Tribe
If any of these conditions apply to your business, you are likely required to file a BOI report with FinCEN.
Information Required for the Beneficial Ownership Information Report
Filing a Beneficial Ownership Information Report involves submitting specific details about each beneficial owner. The information required includes:
- Full legal name
- Date of birth
- Residential or business address
- Unique identifying number from an acceptable identification document, such as a passport or driver’s license
Providing accurate information is crucial, as it ensures the ownership of companies remains transparent and accountable, a key goal of the Corporate Transparency Act.
How to File Your BOI Report
The process of filing a BOI report is straightforward, but it requires careful attention to detail. Here’s how to get started:
- Gather Required Information: Collect all necessary information about your beneficial owners, ensuring that each detail is accurate and up-to-date.
- Submit Electronically to FinCEN: Visit FinCEN’s secure online portal at boiefiling.fincen.gov.
You can submit your BOI report in one of two ways:
PDF Submission: Download the form, fill it out, and re-upload it to the portal.
Online Filing: Complete the information directly on the website and upload any necessary identification documents.
Seeking Professional Assistance
Filing a BOI report can seem daunting, especially for business owners unfamiliar with the process. If you feel more comfortable working with someone who has experience in this area, consider reaching out to a legal or financial advisor. These professionals can offer personalized assistance and ensure your report is filed correctly and on time.
Final Thoughts: Stay Informed and Prepared
The introduction of the Beneficial Ownership Information Report represents a significant shift in the regulatory landscape for U.S. businesses. By understanding your obligations and taking the necessary steps to comply, you can avoid potential penalties and contribute to a more transparent and accountable business environment.
Finally, as you prepare to file your BOI report, it may also be a good time to review your business credit report. Knowing what others see about your business can help you better manage your credit score and overall financial health. Checking your business credit report is quick and easy, and we recommend doing so through trusted services like Experian.
This new reporting requirement is an important step toward greater transparency in business ownership. By staying informed and acting promptly, business owners can ensure they meet their obligations under the Corporate Transparency Act.
Frequently Asked Questions
A beneficial owner is someone who owns or controls at least 25% of the company, or who has substantial control over it.https://www.fincen.gov/sites/default/files/shared/BOI_Reporting_Key_Questions_Published_508C.pdf
A reporting company must provide its legal name, address, jurisdiction of formation, and Taxpayer Identification Number (TIN).
An employee, owner, or third-party service provider can file the report on behalf of the company.
Companies that lose their exempt status between January 1, 2024 and January 1, 2025 have until January 1, 2025 to file their first report.
FinCEN launched the BOI E-Filing website for reporting beneficial ownership information (https://boiefiling.fincen.gov) on January 1, 2024.
A reporting company created or registered to do business before January 1, 2024, will have until January 1, 2025, to file its initial BOI report.
A reporting company created or registered in 2024 will have 90 calendar days to file after receiving actual or public notice that its creation or registration is effective.
A reporting company created or registered on or after January 1, 2025, will have 30 calendar days to file after receiving actual or public notice that its creation or registration is effective.
