FinCEN BOI reporting is a new requirement under the Corporate Transparency Act, which mandates certain businesses to disclose information about their beneficial owners to the U.S. government.
Who is required to file a FinCEN BOI report?
Generally, corporations, LLCs, and other similar entities formed or registered to do business in the United States are required to file.
What information needs to be reported?
The report must include the full legal name, date of birth, address, and a government-issued identification number for each beneficial owner.
FinCEN BOI Filing and Deadlines
When is the deadline to file a FinCEN BOI report?
For existing companies, the deadline is January 1, 2025. For newly formed companies, the deadline is 30 days after incorporation.
How do I file a FinCEN BOI report?
The report must be filed electronically through the FinCEN BOI system.
What happens if I miss the deadline?
Failing to file on time can result in significant penalties.
FinCEN BOI: Beneficial Ownership
Who is considered a beneficial owner?
A beneficial owner is any individual who, directly or indirectly, owns 25% or more of the equity interests of the reporting company.
What if there are multiple beneficial owners?
All beneficial owners must be reported.
Can I remain anonymous as a beneficial owner?
No, the law requires that beneficial owners be identified.
FinCEN BOI Compliance and Penalties
What are the penalties for non-compliance?
Non-compliance can result in significant civil and criminal penalties, including fines and imprisonment.
How can I ensure compliance with FinCEN BOI reporting?
Consult with a legal or tax professional to understand your specific obligations and ensure accurate reporting.
What steps should I take to prepare for FinCEN BOI reporting?
Gather the necessary information about your beneficial owners, including their identification documents.
Review your company’s formation documents and shareholder agreements.
Consult with a professional to determine if you need to file a report and to ensure compliance.
FinCEN BOI Additional Considerations
Will this information be publicly available?
No, the information filed with FinCEN is generally not publicly accessible.
How does FinCEN BOI reporting impact foreign companies operating in the US?
Foreign companies with US subsidiaries or branches may also be subject to FinCEN BOI reporting requirements.
Can I update or amend my FinCEN BOI report?
Yes, you can update or amend your report if there are changes to the information previously provided.