The Financial Crimes Enforcement Network (FinCEN) has issued an interim final rule that exempts all U.S. companies from beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA). This new FinCen ruling decision reverses previous rulings and guidance, which had caused confusion and uncertainty among small-business owners.
The new rule now only requires foreign companies operating in the U.S. to file BOI reports, and even then, only for foreign beneficial owners. FinCEN justified the exemption by stating that most U.S. small businesses are legitimate and that the reporting burden would be substantial. The rule states that reporting for foreign companies is enforceable, and the reporting deadline has been extended to 30 days from publication in the Federal Register, which is scheduled for publication on March 26, 2025.
However, the interim final rule is expected to face legal challenges, as some argue it contradicts Congress’s intent. Lawmakers have also expressed concerns about the exemption’s impact on law enforcement efforts to combat financial crimes.
Two bills in Congress address the BOI reporting requirements: one to repeal the CTA entirely and another to extend the reporting deadline.
The future of BOI reporting for US companies remains uncertain. We will keep you posted on any further developments.