I’m going to wait until next year.

The US Fifth Circuit Court of Appeals issued a stay of its own bench panel injunction (stay) of District Court preliminary injunction (stay).

As net calculus, the BOI requirement is-yet again-suspended.

https://archive.is/wpNNN

From FinCEN email sent to me today @ 2:56pm CST:

"Alert [December 27, 2024]: Impact of Ongoing Litigation – Deadline Stay – Voluntary Submission Only

In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.
The Corporate Transparency Act (CTA) plays a vital role in protecting the U.S. and international financial systems, as well as people across the country, from illicit finance threats like terrorist financing, drug trafficking, and money laundering. The CTA levels the playing field for tens of millions of law-abiding small businesses across the United States and makes it harder for bad actors to exploit loopholes in order to gain an unfair advantage.
On Tuesday, December 3, 2024, in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., No. 4:24-cv-00478 (E.D. Tex.), the U.S. District Court for the Eastern District of Texas, Sherman Division, issued an order granting a nationwide preliminary injunction. Texas Top Cop Shop is only one of several cases that have challenged the Corporate Transparency Act (CTA) pending before courts around the country. Several district courts have denied requests to enjoin the CTA, ruling in favor of the Department of the Treasury. The government continues to believe—consistent with the conclusions of the U.S. District Courts for the Eastern District of Virginia and the District of Oregon—that the CTA is constitutional. For that reason, the Department of Justice, on behalf of the Department of the Treasury, filed a Notice of Appeal on December 5, 2024 and separately sought of stay of the injunction pending that appeal.
On December 23, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit granted a stay of the district court’s preliminary injunction entered in the case of Texas Top Cop Shop, Inc. v. Garland, pending the outcome of the Department of the Treasury’s ongoing appeal of the district court’s order. FinCEN immediately issued an alert notifying the public of this ruling, and recognizing that reporting companies may have needed additional time to comply with beneficial ownership reporting requirements, FinCEN extended reporting deadlines. On December 26, 2024, however, a different panel of the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the Court’s December 23, 2024 order granting a stay of the preliminary injunction. Accordingly, as of December 26, 2024, the injunction issued by the district court in Texas Top Cop Shop, Inc. v. Garland is in effect and reporting companies are not currently required to file beneficial ownership information with FinCEN."

My attorney emailed me yesterday that it might be back on again...with the date moved to mid-January for the deadline. He was going to listen to a seminar on it today and get back to me Monday.

Held up again?

Stay

A 5th Circuit panel reinstated a preliminary injunction on the Orwellian Corporate Transparency Act, which is good news for millions of American small business owners.
https://buckeyeinstitute.org/l...p-Shop-v-Garland.pdf

All this, "on again" "off again" SURELY leads towards significant defense of noncompliance due to general confusion.



I really pray that DOGE can put a stop to this kind of bullshit. It may come down to each of us just simply refusing to comply and being willing to choose "trail by combat" over the corrupted and broken federal court system.

From the RedState article:

quote:

The law took effect last Jan. 1. It requires corporations or limited liability companies of fewer than 20 employees and $5 million or less in revenue to disclose details about their beneficial owners to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). Failure to comply can result in up to two years in prison and a $10,000 fine.

You know what really bugs me about this?
First, that the law took effect a year ago and absolutely ZERO of the LLC owners I've talked to knew anything about it until about a month ago. Second, two years in prison and a $10k fine? Sh*t fire, man, my little LLC barely took in a thousand bucks last year. Overbearing much, ya gee-oh-vee jerks? Good grief.

- - - -

Having aired out that mild rant... is there anything new on this? The 13th isn't far away.

Is anyone else holding out to see the outcome of this for filing? I have not filed yet but am tempted to just file so I do not miss any new deadline and get fined.

BOI injunction

I'm waiting, too.

[QUOTE]Originally posted by mrvmax:
Is anyone else holding out to see the outcome of this for filing? I have not filed yet but am tempted to just file so I do not miss any new deadline and get fined.

I've gotten my FinCEN ID, but I haven't filed. If the stay is lifted by the Supremes, then we should have enough time to file. I have about 9 entities that I'll have to file for. It's really none of their business what my businesses are or do. I file tax returns, which have the K1's attached.

In case Postimg drops the image:

quote:

Alert: Ongoing Litigation – Texas Top Cop Shop, Inc., et al. v. McHenry, et al., No. 4:24-cv-00478 (E.D. Tex.) & Voluntary Submissions [Updated January 24, 2025]

In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.

****

On January 23, 2025, the Supreme Court granted the government’s motion to stay a nationwide injunction issued by a federal judge in Texas (Texas Top Cop Shop, Inc. v. McHenry—formerly, Texas Top Cop Shop v. Garland). As a separate nationwide order issued by a different federal judge in Texas (Smith v. U.S. Department of the Treasury) still remains in place, reporting companies are not currently required to file beneficial ownership information with FinCEN despite the Supreme Court’s action in Texas Top Cop Shop. Reporting companies also are not subject to liability if they fail to file this information while the Smith order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.

https://www.fincen.gov/boi

Looks like no real change since January 25.



In case Postimg drops the image:

quote:

In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.

****

On January 7, 2025, in the case of Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.), the U.S. District Court for the Eastern District of Texas, Tyler Division, issued an order enjoining the government from enforcing the CTA against the plaintiffs and staying FinCEN’s regulations implementing the CTA’s reporting requirements (31 C.F.R. § 1010.380). On February 5, 2025, the Department of Justice—on behalf of the Department of the Treasury (Treasury)—filed a notice of appeal of the district court’s order and, in parallel, has sought to stay that order as the appeal proceeds.

If the district court’s order is stayed, thereby allowing FinCEN’s Reporting Rule to come back into effect, FinCEN intends to extend the reporting deadline for all reporting companies 30 days from the date the stay is granted. Further, in keeping with Treasury’s commitment to reducing regulatory burden on businesses, FinCEN, during that 30-day period, will assess its options to modify further deadlines or reporting requirements for lower-risk entities, including many U.S. small businesses, while prioritizing reporting for those entities that pose the most significant national security risks.

In the meantime, FinCEN is complying with—and will continue to comply with—the district court’s order for as long as it remains in effect. As a result, FinCEN is not currently enforcing the CTA against the plaintiffs in that action—Samantha Smith and Robert Means—and their related entities, and FinCEN is also not currently enforcing the requirements of 31 C.F.R. § 1010.380 against any individual or entity. Reporting companies are, therefore, not currently required to file beneficial ownership information with FinCEN. Reporting companies may continue to voluntarily submit beneficial ownership information reports, free of charge, using FinCEN’s E-Filing system. More information is available at fincen.gov/boi.

This may be a good time to say, "beware of the junk/scam emails."

I just got one from support at registered dot agency, claiming to be "an advocate service" and willing to make the filings for me.

This line sounded especially hinky: "If you've already submitted your BOIR, you can upload your confirmation transcript for third-party verification."

quote:

Originally posted by vthoky:
Looks like no real change since January 25. ...

Maybe SPAM DOGE and POTUS DJT.

If enough make noise, I have no doubt it will be looked into.

Looks like Congress is getting in on it, to delay reporting to 1-1-26. House voted 408-0. Sent to the Senate. I'm sure there's much more to come with this.....
https://www.journalofaccountan...passes-us-house.html

quote:

Originally posted by robbiedog:
Looks like Congress is getting in on it, to delay reporting to 1-1-26. House voted 408-0. Sent to the Senate. I'm sure there's much more to come with this.....
https://www.journalofaccountan...passes-us-house.html

Thanks for teh reminder and update.

Today's email from FinCIN:

"Corporate Transparency Act Reporting Requirements Back in Effect with Extended Reporting Deadline; FinCEN Announces Intention to Revise Reporting Rule
Following the February 18, 2025, decision by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336, the Financial Crimes Enforcement Network (FinCEN) has announced that beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act are back in effect, with a new deadline of March 21, 2025 for most companies.

FinCEN has also announced that it will assess its options to further modify deadlines, while prioritizing reporting for those entities that pose the most significant national security risks. FinCEN intends to initiate a process this year to revise the BOI reporting rule to reduce burden for lower-risk entities, including many U.S. small businesses".

Notice: https://www.fincen.gov/sites/d...tension-508FINAL.pdf

Well, that stinks.

But thank you for keeping us up to date on it.

Yep it looks like the March deadline is legit for now…

I went on the FINCEN website to see what the form entails and it looks pretty straight forward. I’m going to knock it out this weekend.

Here’s the website if you’re interested…

https://boiefiling.fincen.gov/boir/html

I'm going to wait a little while longer to deal with this. Congress might get something done on it, and the FinCEN people told the court that they might limit the entities that need to file. My entities are straight forward, vanilla stuff. All file tax returns, so there's the disclosure. If the House of Reps can vote 408-0 the Senate should be able to get behind it too.