The CTA, BOI and FinCEN: What Does this Mean for San Diego, CA Businesses?

The Corporate Transparency Act may require certain U.S. companies to disclose beneficial ownership information to FinCEN to combat financial crimes.

While a Texas federal district court’s preliminary injunction puts this requirement on hold, many experts expect that to be overturned. In that event, failure to file could lead to fines of $500 per day, up to a maximum of $10,000, and possible criminal penalties.

Read more for details on how this may impact your business in the future.

1. Determine if Your Business Must File.

A “reporting company” is any small business, corporation, or LLC that is registered with the state, unless exempt. Exemptions apply to publicly traded companies, banks, and charities. For example, a local coffee shop in San Diego, CA would likely need to file a BOI report.

2. Identify Your Beneficial Owners.

A “beneficial owner” is someone who either has substantial control over a company or owns at least 25% of it. For instance, in San Diego, the owner of a local cleaning services business who makes strategic decisions and holds a 40% ownership stake would be considered a beneficial owner.

3. Gather the Required Information.

Prepare:

• Business name, address, and EIN.

• Beneficial owners’ names, addresses, DOBs, and ID details.

4. File Your BOI Report.

Deadlines:

• Existing businesses: File by 01/01/2025.

• New companies (2024): File within 90 days of formation.

• New companies (2025+): File within 30 days of formation.

ZenBusiness offers guidance and tools for BOI reporting, making it easier for companies to comply with FinCEN requirements. Learn how ZenBusiness can help you.

Penalties for Non-Compliance:

While a Texas federal district court’s preliminary injunction puts this requirement on hold, many experts expect that to be overturned. In that event, failure to file could lead to fines of $500 per day, up to a maximum of $10,000, and possible criminal penalties. FinCEN provides a 90-day safe harbor period for corrections without penalties.

No action is needed immediately, but if you decide to move forward, you can avoid hassles by filing with the quick and accurate assistance of ZenBusiness. Check out how we can help.

Additional Resources:

• Read About FinCEN BOI Filing Services from ZenBusiness

• FinCen Definition

• Details on Preliminary Injunction

• FinCEN BOI FAQ

• BOI Filing Advice for Small Businesses

• FinCEN’s Compliance Guidelines

• Which Entities Are Exempt from the Corporate Transparency Act?

We want to hear from you!

Join us in supporting our Chamber by completing the BOI survey before December 18, 2024—your input matters, and for every 25 responses, our Chamber will receive a $100 donation! Take the survey now!

As of December 3, 2024, a Texas federal district court has issued a preliminary injunction for all states to block the CTA and its relevant regulations. However, filing your BOI will help you avoid fines if this injunction is overruled.