URGENT: BOI Reporting Requirement Deadline January 13, 2025

SEE 12/30/2024 UPDATE REGARDING BOI REPORTING ON HOLD: Click here.

Due to a federal Court of Appeals decision made on December 23, 2024, reporting companies are once again required to file beneficial ownership information (BOI) with FinCEN.

The new deadline for most firms is January 13, 2025.

The Department of the Treasury has recognized that reporting companies may need additional time to comply. Reporting deadlines have been extended to the following dates as published on the FinCEN website:

• Reporting companies that were created or registered prior to January 1, 2024 have until January 13, 2025 to file their initial beneficial ownership information reports with FinCEN. (These companies would otherwise have been required to report by January 1, 2025.)
• Reporting companies created or registered in the United States on or after September 4, 2024 that had a filing deadline between December 3, 2024 and December 23, 2024 have until January 13, 2025 to file their initial beneficial ownership information reports with FinCEN.
• Reporting companies created or registered in the United States on or after December 3, 2024 and on or before December 23, 2024 have an additional 21 days from their original filing deadline to file their initial beneficial ownership information reports with FinCEN.
• Reporting companies that qualify for disaster relief may have extended deadlines that fall beyond January 13, 2025. These companies should abide by whichever deadline falls later.
• Reporting companies that are created or registered in the United States on or after January 1, 2025 have 30 days to file their initial beneficial ownership information reports with FinCEN after receiving actual or public notice that their creation or registration is effective.
• As indicated in the alert titled “Notice Regarding National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)”, Plaintiffs in National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)—namely, Isaac Winkles, reporting companies for which Isaac Winkles is the beneficial owner or applicant, the National Small Business Association, and members of the National Small Business Association (as of March 1, 2024)—are not currently required to report their beneficial ownership information to FinCEN at this time.

Changes in Reporting Dates due to Natural Disasters

If a reporting company is located in an area that is designated both by FEMA as qualifying for individual or public assistance and by the Internal Revenue Service as eligible for tax filing relief, and the reporting company has a BOI reporting deadline falling within the period beginning one day before the date the specified disaster began – as indicated by the Federal Emergency Management Agency (FEMA) – and ending 90 days after that date. (Where multiple disasters with different starting dates are related to the same storm, FinCEN used the earliest of these dates.), please refer to the applicable Notice links below for specific information for additional reporting deadlines and information:

• NOTICE: FinCEN Provides BOI Reporting Relief to Victims of Hurricane Beryl
• NOTICE: FinCEN Provides BOI Reporting Relief to Victims of Hurricane Debby
• NOTICE: FinCEN Provides BOI Reporting Relief to Victims of Hurricane Francine
• NOTICE: FinCEN Provides BOI Reporting Relief to Victims of Hurricane Helene
• NOTICE: FinCEN Provides BOI Reporting Relief to Victims of Hurricane Milton

FinCEN Fraud Alert

FinCEN issued a public alert on December 18, 2024, to raise awareness of fraud schemes abusing FinCEN’s name, insignia, and authorities for financial gain—including scams that exploit beneficial ownership reporting. Learn more about these schemes and where to report them here.

Questions?

Should you have questions about year-end payroll processing, or any other topics related to your personal or business situation, please contact us at any time.

DISCLAIMER: The WM Update, WM Wednesday Wisdom, WM Daily Update and other related communications are intended to provide general information, as of the date of this communication and may reference information from reputable sources. Although our firm has made every reasonable effort to ensure that the information provided is accurate, we make no warranties, expressed or implied, on the information provided. As legislative efforts are still ongoing, we expect that there may be additional guidance and clarification from regulators that may modify some of the provisions in this communication. Some of those modifications may be significant. As such, be aware that this is not a comprehensive analysis of the subject matter covered and is not intended to provide specific recommendations to you or your business with respect to the matters addressed.