Important Update for Business Owners (Corporations, LLCs, and similar entities)
The Financial Crimes Enforcement network (FinCEN) enacted a new federal filing requirement that requires certain businesses to report information about their beneficial owners. A beneficial owner is someone who:
- Directly or indirectly owns 25% or more of a company, or
- Exerts substantial control over the business, such as senior officers or individuals who make key management decisions.
Your business may now be required to file this form with FinCEN called the Beneficial Ownership Information Report (BOIR) by 1/1/2025. This is NOT a tax form with the IRS or a financial advising disclosure form. It is up to the beneficial owners to make sure this form is filed; however, please reach out to your advisor if you have any questions.
Who Needs to File?
If your business falls into any of these categories, you will likely need to file:
- Corporations, LLCs, and similar entities formed in or registered to do business in the U.S.
- Newly formed entities after January 1, 2024, will also need to comply upon formation.
- Existing businesses
Some entities are exempt, such as:
- Publicly traded companies
- Certain large operating companies with more than 20 full-time employees and over $5 million in revenue,
- Banks, credit unions, and other regulated institutions.
- If you are unsure whether your business qualifies, we recommend reaching out for clarification.
Additional guidance on who qualifies for exemption: BOIR Small Compliance Guide v1.1 (fincen.gov)
How & Where to File? – BOIR E-FILING (fincen.gov)
You can file your Beneficial Ownership Information Report through the FinCEN website using their secure online portal.
You will need to report the following:
- Legal name of company
- Tax ID number
- Ownership info: Name, DOB, address, driver’s license info & image of driver’s license
Make sure all information is accurate and complete, as penalties for non-compliance can be steep.
- Filing Deadline: For existing companies, the deadline is January 1, 2025.
- For new companies: You must file within 30 days of the business being created or registered.
Beware of Scams
As with any new regulatory requirements, there are already scams emerging. Please be cautious.
- FinCEN does not send unsolicited emails or ask for sensitive information over the phone.
- Avoid third-party services claiming to file on your behalf for exorbitant fees.
- Only use the official FinCEN portal for filings.
If you receive any suspicious messages or offers, do not engage. Reach out to us for guidance if you are unsure.
Contact your Vantage team if you have questions about whether this requirement applies to your business.
We are here to help ensure you remain compliant and avoid any unnecessary penalties.