{"id":3344,"date":"2024-01-26T12:47:09","date_gmt":"2024-01-26T20:47:09","guid":{"rendered":"https:\/\/foundrylawgroup.com\/?p=3344"},"modified":"2024-01-26T12:48:25","modified_gmt":"2024-01-26T20:48:25","slug":"what-companies-hold-exempt-status-under-new-beneficial-ownership-reporting-rules","status":"publish","type":"post","link":"https:\/\/foundrylawgroup.com\/what-companies-hold-exempt-status-under-new-beneficial-ownership-reporting-rules\/","title":{"rendered":"What Companies Hold Exempt Status Under New Beneficial Ownership Reporting Rules?"},"content":{"rendered":"
The U.S. Department of the Treasury\u2019s Financial Crimes Enforcement Network (FinCEN) recently issued a new reporting rule. The rule is the Beneficial Ownership \u201cReporting Rule.\u201d<\/a> It went into effect on January 1, 2024 and it directly affects some small businesses. Our firm has run a series of posts on the new rule over the past few months. We would like to add one more on who is exempt from reporting.<\/p>\n There are 23 different types of businesses that are exempt from FinCEN\u2019s reporting requirements. Examples include:<\/p>\n Also exempt are:<\/p>\n As stated above, tax-exempt entities are exempt from reporting under the new FinCEN rule. This essentially means that public charities, private foundations, and other nonprofits with IRS income tax exemption status don\u2019t have to file a BOI report to FinCEN.<\/p>\n The reasoning for the exemption makes sense. A key component to a BOI report is that a company must disclose its \u201cbeneficial owners.\u201d However, nonprofit organizations do not have owners at all. With no owners, a nonprofit\u2019s report would be quite bare.<\/p>\n Sole proprietors are generally exempt from reporting. The new FinCEN rule directly impacts any entity created by filing business formation documents with a secretary of state or a similar office. However, a sole proprietor does not have to file any documents with a secretary of state or similar office to create or register his or her business. Thus, the business is not subject to reporting.<\/p>\n Yes. We recommend the following:<\/p>\nWhat Companies Are Exempt?<\/strong><\/h2>\n
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What About Nonprofits?<\/strong><\/h2>\n
What About Sole Proprietorships?<\/strong><\/h2>\n
Are There Resources to Learn More?<\/strong><\/h2>\n
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Still More Questions? <\/strong><\/h2>\n
Foundry Law Group Is Here to Help!<\/strong><\/h2>\n