24 Common Questions about LLCs with U.S. Owners and the Corporate Transparency Act Answered—by a CPA

24 Common Questions about LLCs with U.S. Owners and the Corporate Transparency Act Answered—by a CPA

The Corporate Transparency Act (CTA), effective from January 1, 2024, has introduced new reporting requirements for LLCs in the United States. As a CPA at O&G Tax and Accounting, I’m here to provide clarity on these regulations.

  1. What is the Corporate Transparency Act (CTA)? It’s a U.S. regulation requiring certain entities to report ownership details to prevent illicit activities, such as money laundering and terrorism financing.
  2. Which Entities are Classified as Reporting Companies? This includes domestic LLCs, corporations, and foreign entities registered to do business in the U.S.
  3. What Information Must Be Reported? Legal names, DBAs, addresses, jurisdiction of formation, and a company identification number.
  4. Who is a Beneficial Owner? Individuals who either control or own a significant interest in the reporting company.
  5. Definition of a Company Applicant? The person responsible for filing the entity’s formation or registration documents.

  6. Deadline for Filing Initial Reports? Entities formed before January 1, 2024, must file by January 1, 2025. Newer entities have 90 days after formation.
  7. What is a FINCEN Identifier? A unique number assigned by FinCEN as an alternative to providing personal details.
  8. Penalties for Non-Compliance? Failure to report or providing false information can lead to civil and criminal penalties.
  9. Who Has Access to the Reported Information? Selected federal agencies, law enforcement, and financial institutions under specific conditions.
  10. What Triggers an Updated Report? Changes in beneficial ownership, company details, or significant company control.
  11. Are There Exceptions to the Reporting Requirements? Yes, including minor children, nominees, certain employees, inheritors, creditors, and more.
  12. How Is Data Security Managed? FinCEN ensures strict confidentiality and security, with no public access to data.

  13. Can LLCs File Reports Themselves? Yes, through FinCEN’s Beneficial Ownership Information Filing System.
  14. Specifics for LLCs with U.S. Owners? These LLCs follow the same CTA reporting requirements as other entities.
  15. Purpose of the CTA? To enhance transparency in corporate ownership and prevent money laundering and terrorist financing.
  16. CTA Compliance for LLCs? Understanding obligations and preparing necessary information for submission.
  17. Who Can Access Reported Information? Authorized agencies for national security, law enforcement, and legal investigations.
  18. What Events Trigger an Updated Report? Including changes in control, beneficial ownership, and company applicant information.
  19. Exceptions and Exemptions under CTA? Various, mainly for entities under substantial federal or state regulation.

  20. Role of CPAs in CTA Compliance? Assisting in understanding and fulfilling reporting obligations.
  21. What Requires Updates or Corrections to Reports? Any changes in reported information must be updated within 30 days.
  22. How Do Updates to Beneficial Ownership Work? Reporting any changes in ownership or control within 30 days.
  23. Confidentiality and Access to BOI Data? FinCEN maintains strict confidentiality with limited access.
  24. What Are the Deadlines for Compliance? Depending on the date of formation or registration, with specific deadlines for each category.

For LLCs with U.S. owners, the Corporate Transparency Act brings significant reporting obligations. At O&G Tax and Accounting, we’re equipped to assist you in complying with these new regulations seamlessly. If you prefer to manage this independently, you can file your report online at FinCEN’s Beneficial Ownership Information Filing System.