Beneficial Ownership Reporting Requirements
Beneficial Ownership Reporting Requirements
The Financial Crimes Network has put the Corporate Transparency Act (CTA) on hold following a ruling by a Federal judge in Texas. Despite this, filings are still being accepted. As of now, companies are not required to:
- File an initial report, which was originally due by January 1, 2025, for companies formed before January 1, 2024.
- Moving forward, file an updated report within 30 days if the beneficial owners change, move, or if the company relocates.
- Companies formed in 2025 were going to be required to file their initial report within 30 days of formation.
Legal Uncertainty and Appeals
The Financial Crimes Network is appealing the decision, and there are now court cases in multiple Federal jurisdictions. This issue may ultimately be decided by the Supreme Court. Further, in the last 24 hours, it looks like Congress might delay the reporting requirement for companies formed prior to January 1, 2024, by a year.
In short, this is a mess.
Client Requirements
Despite the current uncertainty, all of our clients will be required to:
- Sign and date an engagement letter, choosing to opt into or opt out of us providing this service.
Our Position
We believe there is a strong possibility that the Corporate Transparency Act will be upheld, requiring companies to comply with the law. However, we will not know for certain until the pending court cases are resolved. If the law is reinstated, there is no clear guidance on how long firms will have to become compliant.
All of our clients who require an updated report or an initial report will meet with Brent Bracht, CPA, and opt into or out of us providing this service. Clients will fill out the paperwork so we can file the forms depending on the outcome of the various court cases. Additionally, we are uncertain how the incoming Trump Administration and Congress will handle this matter.
Penalties for Non-Compliance
If compliance is ultimately required, the penalties for non-compliance include:
- Civil penalties of $591 per day, up to a maximum of $10,000.
- Criminal penalties of up to an additional $10,000 in fines and up to 2 years imprisonment.
Client Options
Clients have two options:
- Opt into us handling the service, and we will file the required forms now.
- Opt out of this service and handle the reporting requirements independently.
We are here to provide support and ensure compliance should the law be upheld.