03/25/2025
Please note that the specific requirements may vary, and it's
crucial to refer to the latest guidance and regulations provided by
FinCEN for the most accurate and up-to-date information.
Important update regarding the Beneficial Ownership Information Reporting (BOIR) requirements.
FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons
All entities created in the United States — including those previously known as “domestic reporting companies” — and their beneficial owners are now exempt from the requirement to report beneficial ownership information (BOI) to FinCEN. Existing foreign companies that must report their beneficial ownership information have at least an additional 30 days from the date of publication of the Interim Rule 2025-05199.pdf
For details, see BOIR Immediate Release, March 21, 2025.
For more information and to file your report, visit the official website for FinCEN at https://www.fincen.gov/boi.
For assistance, contact FinCEN directly at https://www.fincen.gov/contact.
Alert: FinCen has learned of fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements. See below for the scams identified by FinCen.
Federal Reporting Requirement
Enacted in 2021, the Corporate Transparency Act
(CTA) was established to prevent individuals with malicious intent from
benefitting from the ownership of their business entity to facilitate
illegal activities and protect the U.S. national security, financial
system, and economic integrity.
Who Has to Report?
Foreign Reporting Company
An entity that is a corporation, limited liability company, or any entity
formed under the law of a foreign country and registered to do business in
any state or Tribal jurisdiction by the filing of a document with a
Secretary of State or similar office under the law of a state or Indian
tribe, and that does not qualify for an exemption.
When Do I Report?
March 21, 2025
Reporting companies registered to do business in the United States before the date of publication of the IFR must file BOI reports no later than 30 days from that date.
Reporting companies registered to do business in the United States on or after the date of publication of the IFR have 30 calendar days to file an initial BOI report after receiving notice that their registration is effective.
What Information is Required to Report?
The report requests three types of information:
-
Company Information:Basic business entity
information such as the full legal name, including trade (Doing
Business As also known as DBA) names, principal office address,
jurisdiction of formation, and taxpayer identification number.
-
Beneficial Owners:Provide the full legal name, date of birth, address, and the
identifying number and image of a non-expired U.S.
passport, state driver's license, or other eligible
identification document for each individual identified as a
beneficial owner.
-
Beneficial Owners are defined as anyone with
substantial control over the company or
who owns or controls at least 25% or more of the ownership
interests, or both.
-
Substantial control indicators: Senior Officer,
Appointment and/or Removal Authority, Important Decision Makes,
and any catch-all substantial control.
-
Ownership interest: equity, stock, or voting rights; a
capital or profit interest; convertible instruments;
options or other non-binding privileges to buy or sell
any of the foregoing; and any other instrument,
contract, or other mechanism used to establish ownership.
-
Company Applicants (if applicable): Provide
the full legal name, date of birth, address, and the identifying number and
image of a non-expired U.S. passport, state driver's license, or other
eligible identification document for each individual identified as company
applicant.
-
Company Applicants are individuals who
are the direct filer
or direct or controls the filing action that
creates or registers the entity on behalf of the company for example
attorneys, paralegals, accountants, etc.
Only reporting companies created or registered
on or after January 1, 2024
,
will need to report their company applicants.
-
Direct filer: This individual would have actually, physically,
or electronically filed the document with the Secretary of State or similar
office.
-
Direct or controls the filing action: This Individual
prepares the necessary documents to create the company and directs
individual to file the documents.
-
Company Applicants will have to identify and report to FinCEN.
All company applicants must be individuals. Companies or legal entities
cannot be company applicants. If there was more than one individual
involved in the filing of the reporting company creation or first
registration at the most there would be two company applicants reported.
There are two categories of company applicants - the "direct filer" and the
individual who "directs or controls the filing action."
FinCEN's Small
Entity Compliance Guide
provides flow charts, examples, and detailed information to help
identify beneficial owners, types of ownership interest, substantial
control indicators and company applicants - See Chapter 2 and 3.
Reporting Requirements Checklist
Reporting Company
-
Full legal name
-
Any trade names or "Doing Business As" (DBA) names
-
Current U.S. principal office address
-
State, Tribal, or foreign jurisdiction of formation
-
For a foreign reporting company only, State or Tribal jurisdiction of
first registration
-
Internal Revenue Service (IRS) Taxpayer Identification Number (TIN)
(including an Employer Identification Number (EIN))
Each Beneficial Owner and Company Applicant
Where Do I File?
File the Beneficial Ownership Information Report (BOIR) one of two ways -
either as a PDF Download or Online.
Select the best filing method that works for you by visiting FINCEN's BOI E-Filing.
Filing help:
For questions, contact FinCen at https://www.fincen.gov/contact.
Scams Identified by FinCen
These fraudulent scams may include:
- 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 that claims to be from FinCEN or another government agency.
- Correspondence that asks the recipient to click on a URL or to scan a QR code. Those e-mails or letters are fraudulent. Do not click any suspicious links or attachments or scan any QR codes in emails, on websites, or in any unsolicited mailings.
- Correspondence that references a “Form 4022,” or an “Important Compliance Notice.” This correspondence is fraudulent. FinCEN does not have a “Form 4022.” 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.
If you receive any of the above correspondence (text, email, letters, etc.) they are not legitimate and can be ignored. For additional questions or assistance, contact FinCen at https://www.fincen.gov/contact.
FinCen Small Business Resources
Compliance Guide Translations
https://www.fincen.gov/boi/small-entity-compliance-guide
In languages: