The U.S. Treasury Department has announced that it will not enforce a law requiring most businesses with fewer than 20 employees and less than $5 million in annual revenue to report ownership and control information to the federal government every year.
The Corporate Transparency Act required firms to file this information by Jan. 1, 2025, under the threat of a maximum civil penalty of $500 per day (up to $10,000) and up to two years in prison.
The Treasury Department said that it would not enforce any penalties or fines associated with the beneficial ownership information reporting rule on any companies that missed the Jan. 1 deadline. As well, it will not enforce penalties going forward for companies that fail to file their BOI report.
While the Trump administration cannot repeal the CTA, it is instead opting not to enforce it and plans to introduce new regulations that would essentially eliminate enforcement of the law for U.S. businesses.
The act explained
The CTA aimed to crack down on fraud, money laundering and terrorism funding that can run through anonymous business entities.
Under the act, businesses with 20 workers and less than $5 million in revenue were required to file reports identifying their “beneficial owners,” defined as individuals who own or control 25% or more of the equity interest of a company or who exercise “substantial control over its management or operations.”
There were some exemptions to the reporting requirement, including stock brokerages, banks and other financial institutions, insurance companies, accounting firms, public agencies and non-profits.
It’s estimated that the law affected some 32 million small businesses .
What’s next
The Treasury Department will issue a proposed rulemaking that will narrow the scope of the rule to foreign reporting companies only. A “foreign reporting company” refers to any entity formed under the law of a foreign country and registered to do business in any state or tribal jurisdiction.
Legal experts recommend that affected companies which have not yet filed an initial, updated or corrected report may consider waiting to file a BOI report until new guidance is issued by the Treasury Department, as no penalties or fines will be enforced for failing to file reports for now.
The department’s action may face legal challenges, or the present or a subsequent administration could restore the reporting requirements as the law remains on the books.
Tags: Beneficial Ownership, Leaders' Choice Insurance Services