
Beneficial Ownership Information
(BOI Reporting)
It has officially been off again, on again, off again, then finally MAYBE on again…Long story short, the Financial Crimes Enforcement Network (Fincen) has formally stated that there will be no filing requirement until the 5th Circuit Court of Appeals hopefully makes it’s final decision…The oral arguments of the case begin March 25th, 2025, so nothing technically needs to be filed until that case is closed. An entity can still file voluntarily during this period if they so desire. Unfortunately, due to the potential liability involved, our firm CANNOT prepare this for any of our clients but we have compiled the following information to help inform clients as best we can.

In 2021, Congress passed the Corporate Transparency Act on a bipartisan basis. This law creates a new beneficial ownership information reporting requirement as part of the U.S. government’s efforts to make it harder for bad actors to hide or benefit from their ill-gotten gains through shell companies or other opaque ownership structures.
Many companies are required to report information to FinCEN about the individuals who ultimately own or control them. FinCEN began accepting reports on January 1, 2024.
A reporting company created or registered to do business before January 1, 2024, will have until December 31st, 2024 to file its initial beneficial ownership information report.
A reporting company created or registered on or after January 1, 2024, and before January 1, 2025, will have 90 calendar days after receiving notice of the company’s creation or registration to file its initial BOI report. This 90-calendar day deadline runs from the time the company receives actual notice that its creation or registration is effective, or after a secretary of state or similar office first provides public notice of its creation or registration, whichever is earlier.
Reporting companies created or registered on or after January 1, 2025, will have 30 calendar days from actual or public notice that the company’s creation or registration is effective to file their initial BOI reports with FinCEN.
[Updated December 1, 2023]
Fraud Alerts -
While the actual requirement to report the BOI information is very real, the reporting has led to the latest scam by fraudsters. Businesses are beginning to receive by mail a fraudulent “Mandatory Beneficial Ownership Reporting” form. These forms appear to be very real, however there are no official Federal forms and all reporting is done electronically.
These fraudulent scams may include:
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Correspondence requesting payment. There is NO fee to file BOI directly with FinCEN. FinCEN does NOT send correspondence requesting payment to file BOI. Do not send money in response to any mailing that claims to be from FinCEN or another government agency.
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Correspondence that asks the recipient to click on a URL or to scan a QR code. Those e-mails or letters are fraudulent. Do not click any suspicious links or attachments or scan any QR codes in emails, on websites, or in any unsolicited mailings.
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Correspondence that references a “Form 4022,” or an “Important Compliance Notice.” This correspondence is fraudulent. FinCEN does not have a “Form 4022.” Do not send BOI to anyone by completing these forms.
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Correspondence or other documents referencing a “US Business Regulations Dept.” This correspondence is fraudulent; there is no government entity by this name.
We are unable to file on your behalf but we have links to e-filing, FAQ’s and a ‘How To’ video below-
If you have any questions please contact the office at (406) 542 3482 or info@whaleycpa.com