Category: FinCEN Updates

Share this article!

What Is the BOI Report Deadline Extension?

In a significant development for financial regulation, the Financial Crimes Enforcement Network (FinCEN) has finalized a rule that extends the deadline for certain reporting companies to submit their initial Beneficial Ownership Information (BOI) reports, issued on November 29, 2023. This decision follows a notice of proposed rulemaking, which sought to amend the existing BOI Reporting Rule.The FinCEN final rule stipulates that reporting companies created or registered between January 1, 2024, and January 1, 2025, will now have 90 calendar days to file their initial BOI reports. For reporting companies established on or after January 1, 2025, the original 30-day deadline for submitting initial BOI reports remains in effect.FinCEN received 50 comments in response to the proposed rule, predominantly supporting the extension. These comments came from corporate professionals, small business owners, trade groups, and individuals.While many agreed with the proposed 90-day deadline, some suggested alternatives like a 120-day deadline or aligning the BOI report deadline with tax filing dates. A few commenters advocated for applying the 90-day timeframe to all entities created or registered after January 1, 2024. However, FinCEN concluded that their proposed rule provided sufficient time for entities to adjust to the new reporting requirement.Reminder of Deadlines – Are You Prepared To File?

• Reporting companies created on or after January 1, 2024 and before January 1, 2025 have 90 days from the earlier of receiving notice from secretary of state or similar office that creation is confirmed or when there is public notice of the company’s creation in the U.S. to file their report.
• Reporting companies created on or after January 1, 2025 have 30 days from the earlier of receiving notice from secretary of state or similar office that creation is confirmed or when there is public notice of the company’s creation in the U.S. to file their report.
• Reporting companies created before January 1, 2024 have until December 31, 2024 to file their report.

Get in Touch

Table of Contents

Share this article!
The Financial Crimes Enforcement Network (FinCEN) has recently announced the finalization of a rule that outlines the circumstances under which a reporting company may utilize an entity’s FinCEN identifier instead of providing information about individual beneficial owners.

What is a FinCEN Identifier in the BOIR?

A FinCEN identifier is a unique number issued by FinCEN upon request, following the submission of required information.Although obtaining a FinCEN identifier is not mandatory, it can significantly streamline the reporting process for entities and individuals, allowing them to provide required identifying information directly to FinCEN.The finalized rule, an amendment to FinCEN’s Beneficial Ownership Information (BOI) Reporting Rule, addresses concerns about the potential for reporting entity FinCEN identifiers to obscure the identities of beneficial owners, potentially leading to greater secrecy or incomplete and misleading disclosures.To address these concerns, the final rule establishes clear criteria that must be met for a reporting company to report an intermediate entity’s FinCEN identifier instead of individual beneficial owner information. The effective date of the final rule is set for January 1, 2024, aligning with the effective date of the BOI Reporting Rule.Specifically, the final rule applies to situations where another reporting company, let’s call it “the entity,” serves as a beneficial owner of another, “the reporting company.”In such cases, the reporting company is only required to report the entity’s FinCEN identifier and legal name in the beneficial owner section of their BOI report if the following conditions are met:

1. The entity has obtained a FinCEN identifier and provided it to the reporting company.
2. An individual is or may be a beneficial owner of the reporting company by virtue of an ownership interest in the reporting company held through the entity.
3. The beneficial owners of both the entity and the reporting company are the same individuals.

If all these conditions are not satisfied, the individual beneficial owners of the entity must be reported in their entirety in the BOI report.This new approach aims to balance the facilitation of reporting processes with the need for transparency in disclosing beneficial ownership information.

Get in Touch

Table of Contents

Share this article!

Alert – Fake CTA Letters

Scammers are constantly refining their techniques, and their latest endeavor involves a sophisticated ploy targeting business owners, leveraging the new appearance of the Corporate Transparency Act (CTA) to deceive and extract sensitive information.

Fake Letters: What To Look For

Here’s how the scam operates: Entrepreneurs and business entities across the United States are receiving what appears to be an official letter in the mail. Adorned with seals and watermarks, the correspondence claims to originate from the United States Business Regulations Department, Corporate Transparency Act Division, Process and Filing Center. Addressed specifically to the recipient’s business, the letter includes a designated notice ID number to add a fake form of legitimacy.What makes this scam particularly convincing is the scammers’ use of personal information obtained from various data breaches and the official appearance of the documentation. The letter alleges that the recipient has ‘reporting obligations under the Corporate Transparency Act’ and insists on the necessity to disclose ownership details to the Financial Crimes Enforcement Network (FinCEN). To fulfill this phony obligation, the letter directs recipients to visit a website or scan a QR code, supposedly to report their business information.However, this correspondence is a sham. If you receive fake CTA letters, it is crucial to report it immediately to BBB Scam Tracker and, most importantly, disregard its contents entirely.  To shield yourself against government impostor scams such as this, here are some key preventive measures:

Verify Government Correspondence

When in doubt about the authenticity of any communication supposedly from a government agency, take a cautious approach. Before taking any action requested in the letter or call, directly contact the stated government office using their official phone number to confirm the legitimacy of the correspondence.

Cease Communication with Scammers

The moment you recognize a potential scam, disengage promptly. Stop responding to calls, letters, or emails and block any contact numbers associated with the scam to prevent further attempts at communication.

Report Scams to the Authorities

Help combat fraudulent activities by reporting government impostor scams to the appropriate authorities. The Federal Bureau of Investigation (FBI) is actively investigating such incidents; you can contribute by reporting your encounter here.

Conclusion

Being vigilant and cautious in the face of such sophisticated scams is crucial to safeguarding your personal and business information. By staying informed and taking proactive steps, individuals can effectively protect themselves and others from falling victim to these deceptive schemes.

Get in Touch

Table of Contents