FinCEN update

The "Beneficial Ownership Information" (BOI) federal reporting requirement by the Financial Crimes Enforcement Network (FinCEN) is on hold as of Dec. 3, 2024, due to a Texas court injunction.

"Under the injunction, the BOI reporting rule cannot be enforced, and reporting companies need not comply with the...Jan. 1, 2025, BOI reporting deadline pending a further order of the court."

Source: Journal of Accountancy

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The Business Guides will NOT prepare BOI reports on behalf of our clients. It is solely the responsibility of the business owner to see that this new filing requirement is met. If you haven't yet filed, you have two options:

1) Voluntarily file by Jan. 1, 2025, to check off this task. The BOI online portal is still open and accepting reports. Our clients say it's a quick and easy process.

2) Wait to file and follow the court case. We strongly recommend subscribing to FinCEN updates here or through your Secretary of State. If the injunction is lifted during tax season, we may not have the capacity to launch an outreach campaign, so don't rely on us to inform you. It is up to you to be aware of any new deadline and enforcement action.

CLICK to visit the official FinCEN website to file and for updates 

CLICK to read our 10/31/24 client e-newsletter about BOI filing 

Alert: FinCEN has learned of fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements under the Corporate Transparency Act.

These fraudulent scams may include:

• Correspondence that references a “Form 4022” or “Form 5102” is fraudulent. FinCEN does not have a “Form 4022” or a “Form 5102.” Do not send BOI to anyone by completing these forms.
• Correspondence or other documents referencing a “US Business Regulations Dept.” This correspondence is fraudulent; there is no government entity by this name.

Please be on the lookout for anything that may indicate correspondence you receive is fraudulent. For example, be cautious of any of the following:

• Correspondence requesting payment. There is NO fee to file BOI directly with FinCEN. FinCEN does NOT send correspondence requesting payment to file BOI. Do not send money in response to any mailing regarding filing your beneficial ownership information report that claims to be from FinCEN or another government agency.
• Correspondence that asks the recipient to click on a suspicious URL or to scan a suspicious QR code. Those e-mails or letters could be fraudulent. Do not click any suspicious links or attachments or scan any suspicious QR codes.
• Correspondence regarding penalties. FinCEN does NOT send initial correspondence regarding CTA penalties via e-mail or over the phone. Do not submit payments via phone, mail, or websites as requests/directions to do so are fraudulent.

Please be advised that the following statement at https://boir.org: “Boir.org (Beneficial Ownership Information Report) is an officially authorized service provider with the US Government or the Financial Crimes Enforcement Network (FinCEN)” is false.

Use caution when you receive correspondence from an unknown party. Verify the sender. Never give personal information, including regarding beneficial ownership to anyone unless you trust the other party.