Alert! BOI Federal Injunction!

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December 13, 2024
Author: Adam Kintigh

Reviewed by Adam Kintigh

Adam Kintigh is currently an Executive Corporate Analyst for Nevada Corporate Headquarters (NCH) with nearly two decades of experience helping entrepreneurs build and protect their businesses. Specializing in entity formation, compliance, and strategic planning, he has guided thousands of clients in structuring their companies for long-term success.

This article has been reviewed to ensure accuracy and value for today’s entrepreneurs.

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If you haven’t heard yet, the Corporate Transparency Act was a new law that required small business owners with 25% ownership or control to register their beneficial ownership with the Financial Crimes Enforcement Network (FinCEN.gov).

Last week, a federal court in Texas issued an injunction, halting the requirement. on the FinCEN website, there’s an alert reading as follows:

“In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.”

The penalty for not filing was $500 per day per shareholder, adjusted for inflation.  For new entities formed in 2024 and beyond, individuals were given 90 days to file appropriately.  Existing businesses prior to Jan 1st, 2024, were given until December 31st to file.

With this new injunction, as stated above, companies will not be fined for not filing the Beneficial Ownership Information Report.  Who knows how long this will be in court…  If you choose not to file, pay close attention.  If the plaintiff wins, you’ll be fine.  If the injunction is lifted, the penalties are severe.  Stay tuned!

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DISCLAIMER: The above material has been prepared for informational purposes only, containing opinions of the provider, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. Please consider consulting tax, legal, and accounting advisors before engaging in any transaction.

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