(BOI) BENEFICIAL OWNER REPORTING
Welcome to Our Guide on Beneficial Ownership Information (BOI) Rules
In today's business environment, transparency is key. The Beneficial Ownership Information (BOI) rules, part of the Corporate Transparency Act (CTA), are designed to enhance transparency and combat illegal activities such as money laundering and tax fraud. Whether you're a domestic or foreign entity operating in the U.S., understanding these rules is crucial for compliance and safeguarding your business. Our team of experts is ready to assist you in understanding and complying with these requirements. Contact us today to ensure your business is fully compliant and protected.
Do-It-Yourself BOI Filing
Beneficial Owner Information filing is free to everyone. You will need a copy of your Driver's License saved to the device you file from.
BOI Filing Services
We are committed to helping you navigate the complexities of the BOI rules with ease and confidence. Let us be your partner for a nominal fee.
FAQs
Navigating the BOI rules can be complex, but we're here to help. Here are a few question & answers to the many questions we have received.
Who Is Required To Report BOI?
- All Domestic Companies: Includes corporations, LLCs, and other entities formed by filing with a state or tribal office.
- Foreign Companies: Non-U.S. entities registered to do business in the U.S. or with any Native American tribe.
- Penalties for Noncompliance: Willful failure to report can result in fines up to $10,000 and/or imprisonment for up to
two years.
Who Must Be Identified?
- Beneficial Owners: Any individual who directly or indirectly exercises substantial control over an entity or owns or controls at least 25% of the entity’s ownership interests. Exclusions include minors (if information for a parent or guardian is
provided), nominees, intermediaries, custodians, agents acting on behalf of another individual, employees (not senior officers), individuals with only a future interest through inheritance, and creditors
- Applicants: Individuals responsible for filing the documents to create or register the company.
- Beneficial Owners: Any individual who directly or indirectly exercises substantial control over an entity or owns or controls at least 25% of the entity’s ownership interests. Exclusions include minors (if information for a parent or guardian is
Information Required & Due Dates
Required Information:
- For each beneficial owner and applicant: full legal name, date of birth, current address, identification number from an acceptable, unexpired identification document, and an image of the identification document
- For the reporting company: full name, any trade or doing-business name, business street address, jurisdiction of formation or registration, and IRS taxpayer identification number
ID Card Requirements:
- A Valid U.S. driver's license
- A Valid identification document issued by a U.S. state or local government, or Indian Tribe
- A Valid passport issued by the U.S. government
When to File:
- New entities must file within 14 days of formation or registration.
- Existing entities must file within one year of the effective date of the final regulations.
- Any changes in the information reported about the reporting company or its beneficial owners must be filed within 30 days of change.
Who Can Access Info & Unauthorized Use/Disclosure
- Access to Information: The information will be stored in a secure, nonpublic database maintained by FinCEN and will not be available to the public. Only Authorized recipients include U.S. federal law
enforcement agencies, state and local law enforcement with court authorization, financial institutions with the consent of the reporting company, and specified federal regulatory agencies.
- Penalties for Unauthorized Disclosure or Use: Unauthorized disclosure or use of beneficial ownership information can result in fines up to $250,000 and/or imprisonment for up to five years
- Access to Information: The information will be stored in a secure, nonpublic database maintained by FinCEN and will not be available to the public. Only Authorized recipients include U.S. federal law
Challenges, Criticisms & The Code
Challenges and Criticisms:
- Definitional Uncertainty: There is a lack of clarity on terms such as "willfulness" and "substantial control," which has caused confusion and concern among small businesses and their advisers.
- Compliance Burden: Small businesses may face significant challenges in complying with the reporting requirements, leading to potential noncompliance and increased costs.
- Privacy Concerns: While the database is not public, there are concerns about the security and confidentiality of the
information collected.
- The US Code Is It Legal: The Corporate Transparency Act consists of §§ 6401-6403 of the NDAA. Section 6402 of the NDAA sets forth Congress findings and objectives in passing the Corporate Transparency Act, and § 6403 contains its substantive provisions, primarily adding § 5336 to Title 31 of the United States Code.
What Does It Cost?
- Free! Beneficial Owner Information filing is free to everyone at https://boiefiling.fincen.gov/
- If you need our assistance to file the BOI on your behalf our fee is $150 for the One-Time Service.
- Our fee does not include any future filings to FinCen for any changes that may occur.