12/30/2024
Update: from FinCen's website
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.
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By now, you may have heard that the East Texas Federal District Court injunction blocking the BOI reporting requirement was overturned by the Fifth Circuit Appeals Court. This means the requirement to file is alive and well - with penalties for those who fail to file timely. There are short extensions for some entities - see the article attached for details. January 13, 2025 is the filing deadline for most BOI reports now.
Beware of sites that are offering to file for you - for fees ranging up to $250, possibly more. If you intend to pay a third-party, that's one option. If you prefer to submit the filing yourself, use the correct website for no fees: fincen.gov
https://www.journalofaccountancy.com/news/2024/dec/appeals-court-reinstates-injunction-that-halts-boi-enforcement.html
Three days after a panel of judges granted a government motion to lift the injunction, another panel said it was reinstating a lower court’s ruling. An AICPA statement urged CPAs to be prepared to file BOI reports. A statement by the Financial Crimes Enforcement Network said that, in light of the ...