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

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    December 06, 2024


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

    As of today, 12/05/2024, San Rafael, CA business owners have 26 calendar days (or 19 business days) left to file their Beneficial Ownership Information (BOI) report with FinCEN.

    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 bakery in San Rafael, 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 example, in San Rafael, a partner who owns 40% of a local party rental company and makes pivotal business decisions, such as setting rental prices and negotiating contracts with event organizers, qualifies as 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 a streamlined approach to BOI reporting, providing businesses with accurate guidance to comply with FinCEN requirements. Check it out.

    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.

    Waiting could mean scrambling to meet compliance requirements or facing penalties. Business owners can avoid hassles and legal repercussions by filing now with the quick and accurate assistance of ZenBusiness. Here’s how ZenBusiness can help.

    Additional Resources:

    We want to hear from you!

    We need your help! Please complete our BOI survey by December 18, 2024, and for every 25 responses, our Chamber will receive a $100 donation! Take the survey here! Your participation makes a difference!

    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.

     

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