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Late last year, we had an article in our newsletter on the approaching enforcement for the Corporate Transparency Act (CTA). Passed originally in 2021 as an amendment in a broader bill, the CTA will require roughly 30 million US businesses to file “beneficial ownership information” reports (BOIRs) by January 1, 2025. These reports must include the personal information of any individual that owns or exerts control of at least 25% of a business. While there are some exclusions for larger companies with at least 20 or more full-time employees (and other exemptions), all businesses are encouraged to examine closely to see they qualify for an exemption, especially since many factors must be considered.
The US Treasury Department is hopeful the CTA will help root out fraud and other financial crimes; however, many small business groups are concerned about providing such information. American Farm Bureau Federation offered a brief in support of the National Small Business Association, which successfully received an injunction in a federal district court recently to halt its implementation. Unfortunately, this only applies to their 60,000 or so members (mostly based in the South). The punishments for willfully ignoring filing a required BOIR could result in criminal and/or civil financial penalties (and even imprisonment). While those are extremes, it helps highlight the importance of double-checking your obligations under the law. CAFB sent additional info to county Farm Bureaus last week, but you can find several of those shared resources below.
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