Hamilton Law Blog

What The Corporate Transparency Act Means For You

Posted by Philip E. Hamilton, Esq. | Jun 14, 2024 | 0 Comments

The Corporate Transparency Act (CTA) is one law that will influence many companies, and it went into effect on January 1, 2024. This new legislation was designed to increase the level of transparency in business ownership to prevent illicit financial activities. By addressing the need for more open information, the CTA helps authorities combat activities like tax evasion and money laundering. It's a pivotal shift toward more transparent business practices in the United States. It introduces significant reporting requirements for businesses nationwide, which could affect your company directly. The penalties and fines for failing to adhere to the law are substantial, so please do not dismiss this. 

The CTA's Requirements 

The CTA requires certain companies in the U.S. to disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), part of the U.S. Department of the Treasury. A beneficial owner controls or owns a significant portion of a company. This law applies to corporations, limited liability companies, and similar entities created in the U.S. It also includes foreign companies registered here. Companies required to report are called reporting companies. This applies to ones formed in the U.S. and to foreign companies that do business in the U.S. The filing process is simple, secure, and free of charge, designed to make compliance as easy as possible for companies.

Companies must file this information electronically via FinCEN's website. This filing is a one-time requirement unless there is a change in beneficial ownership or a need to correct existing information. For those companies formed or registered before January 1, 2024, the deadline to submit this information is January 1, 2025. Companies established in 2024 have 90 days after registering to comply, while those starting on or after January 1, 2025, have 30 days. Reporting this beneficial ownership information is not an annual requirement.

Exemptions to the CTA

Not all companies need to report. The law exempts certain types, like publicly traded companies, nonprofits, and significant operating companies. Business owners need to check whether they fall into one of the exempt categories, which can be found in FinCEN's Small Entity Compliance Guide. This helpful guide includes checklists to determine if a company qualifies for an exemption. Knowing your status can save you time and ensure you focus on other essential aspects of your business management. 

The required information for companies that need to report includes beneficial owners' legal names, birthdates, addresses, and identification numbers. Companies must also provide their legal name, business address, and taxpayer identification number. Collecting this data makes it harder for people to use businesses for money laundering and fraud because ownership information will be more accessible to regulatory bodies. The CTA aims to create a more accountable business environment by enforcing these requirements. Ensuring compliance helps prevent financial crimes and establishes your company as a trustworthy and transparent entity in the market.

Hamilton Law Will Answer Your CTA Questions 

Understanding the Corporate Transparency Act and ensuring compliance can seem daunting, but it doesn't have to be. Schedule a free consultation if you have questions about how this new law affects your business or need help filing your report. Our knowledgeable team is here to help you comply with the CTA efficiently and correctly.

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