Huge Small Biz Break: Judge Suspends Enforcement Of FinCEN Reporting Requirement
9th December 2024
Just a few weeks before a poorly-publicized Jan. 1 deadline, a judge has issued a nationwide injunction barring the enforcement of a controversial mandate that would compel tens of millions of small and large businesses to file beneficial ownership reports with an obscure federal agency. The ruling doesn’t kill the requirement altogether, but it does bar the Treasury Department from enforcing it until lawsuits challenging the requirement’s constitutionality are fully resolved.
“There are now CTA cases pending in the Fourth, Fifth, Ninth, and Eleventh Circuits,” notes attorney and Forbes contributor Kelly Phillips Erb, posting as @taxgirl on X. “It’s looking more like it could end up at the Supreme Court.” There’s also the possibility that the next Trump administration — either unilaterally or via cooperation with Congress — could find a way to kill or at least narrow the requirement.
The rule imposed by the Corporate Transparency Act (CTA) swept the vast majority of “legal entities created to do business in the United States” into a new bureaucratic net, directing them to dump information about themselves and their “beneficial owners” into a federal database managed by the Financial Crimes Enforcement Network (FinCEN) — which most Main Street businesses and single-member LLC’s have probably never even heard of. Those who failed to comply faced severe penalties, ranging from civil fines of up to $591 a day to criminal consequences of up to $250,000 and a five-year prison term.