Understanding BOIR

The Beneficial Ownership Information Report (BOIR) is a federal requirement new to 2024. Under the Corporate Transparency Act (CTA), the U.S. Treasury Financial Crimes Enforcement Network (FinCEN) has developed the BOIR as a method to help detect, prevent, and recognize misconduct through business entities, such a money laundering and terrorism.

Source: https://fincen.gov/boi

Companies required to report are called reporting companies. There are two types of reporting companies:

  • Domestic reporting companies are corporations, limited liability companies, and any other entities created by the filing of a document with a secretary of state or any similar office in the United States.
  • Foreign reporting companies are entities (including corporations and limited liability companies) formed under the law of a foreign country that have registered to do business in the United States by the filing of a document with a secretary of state or any similar office.

Source: https://fincen.gov/boi-faqs#C_1  

Carefully review the qualifying criteria before concluding that your company is exempt.

Source: https://fincen.gov/boi-faqs#C_2

Go directly to the Financial Crimes Enforcement Network BOI Homepage (https://fincen.gov/boi) for directions on submitting your BOIR.

There is no fee for filing a BOIR directly with FinCEN and most submissions take 30 minutes or less to complete. The BOIR was designed for business owners to submit on their own behalf. You may use a third party, such as a lawyer, accountant, or enrolled agent to submit your BOIR, but it is not required.

If you do choose a third party, be vigilant on who is provided your information. Avoid unsolicited offers made by mail, phone calls, etc.

Source: https://fincen.gov/boi

For questions not answered at the FinCEN FAQ webpage (https://fincen.gov/boi-faqs), please contact your legal counsel.

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