11/28/2023
Small business owners - we want to bring to your attention the recent regulatory changes concerning the Financial Crimes Enforcement Network (FinCEN) Beneficial Ownership Information (BOI) reporting requirement.
(1) Starting January 1, 2024, a significant number of businesses will be required to comply with the Corporate Transparency Act (“CTA” or “the Act”) by filing information on their “beneficial owners” with FinCEN. Existing LLC’s, Corporations and Partnership that are not exempted from filing will have until January 1, 2025 to submit their filing. LLCs, Corporations or Partnerships formed after January 1, 2024 will have 90 days from the date of formation to make their initial filing. .
(2) After the initial filing, any time there is a change to the “beneficial owners” an updated filing must be made within the defined time period.
(3) The penalties for failure to comply, missing deadlines or providing incorrect information are significant. There is a $500 per day penalty, up to $10,000, and imprisonment of up to two years for the failure to timely file initial or updated reports.
For more information on this law please visit the FinCEN website and if you have specific questions on this law you should consult with an attorney.
It is important that owners/partners of LLC’s, corporations and partnerships not assume that they are not subject to this law or that your CPA, tax preparer, bookkeeper or other third party will automatically file for you.
At KBS we will assist existing clients with the administrative function of electronically filing the client provided information after receiving a signed engagement letter specific to this task.
Starting January 1, 2024, many companies will be required to report information to the U.S. government about who ultimately owns and controls them.