For you guys with LLCs and other corps/entities, have you seen this? I'm still reading about it, but it's not looking good. Contact your reps.
Feds Enforcing Unconstitutional Reporting Law Against Most Businesses
Are you in compliance with the Corporate Transparency Act? Have you even heard of it?
"Early this month, a federal judge in Alabama held the Corporate Transparency Act unconstitutional and granted plaintiffs in a lawsuit summary judgment against enforcement of the wide-reaching law, which went into effect this year. For many Americans this raises the questions: "What in hell is the Corporate Transparency Act? Does it affect me?" The quick answer is that it's a big deal, and if you own an incorporated business, you'll probably still suffer its intrusive requirements even after the ruling."
Significant Regulatory Punch in a Small Package
"When Congress passed the 2021 National Defense Authorization Act, it included a bill called the Corporate Transparency Act ('CTA'). Although the CTA made up just over 21 pages of the NDAA's nearly 1,500-page total, the law packs a significant regulatory punch, requiring most entities incorporated under State law to disclose personal stakeholder information to the Treasury Department's criminal enforcement arm," Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama's Northeastern Division handily
summarized in this month's ruling."
Large businesses are exempt; the law applies to companies with 20 or fewer employees.
"Justifications for the law laid out in
early versions of the legislation invoked a laundry list of alleged financial horribles including money laundering and tax evasion. The word
terrorism appears, too, of course, because that has been the lazy, default justification for legislation for 20-plus years. Basically, the law is targeted at anything that might involve a modicum of financial privacy.
To that end, the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) set up an
online reporting system through which business owners "are required to report information to FinCEN about the individuals who ultimately own or control them." FinCEN started compiling reports for such "beneficial ownership information" (BOI) on January 1, 2024 with a deadline for compliance of January 1, 2025, or 30 days after creation for companies registered following that date...."
A Regulation With a Nasty Sting
"Is there a penalty for noncompliance? Of course there is.
According to FinCEN, "a person who willfully violates the BOI reporting requirements may be subject to civil penalties of up to $500 for each day that the violation continues. That person may also be subject to criminal penalties of up to two years imprisonment and a fine of up to $10,000."
This might be a problem for those many Americans who have established corporations or limited liability companies for making a living, but don't keep track of the federal government's diligent efforts to stamp out the scourge of terroristic money launderers among retail storefronts and Etsy vendors. I received a heads-up from reader Rick Wakefield, who forwarded a memo from his accountant. I dug through my email and found a similar note from my own accountant, dated two days before Christmas. Another accountant with whom I work told me she'd been waiting on the outcome of litigation against the law......"
Unconstitutional, But Still Enforced
"The government is not currently enforcing the Corporate Transparency Act against the plaintiffs in that action: 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),"
concedes FinCEN. "Those individuals and entities are not required to report beneficial ownership information to FinCEN at this time."
That means the unconstitutional law is still being enforced against everybody who wasn't party to the lawsuit....."
https://reason.com/2024/03/11/feds-enforcing-unconstitutional-reporting-law-against-most-businesses/