You may have heard from your tax advisor or elsewhere that a requirement appeared in 2024 to register every LLC or Corporation (one owner or more) by submitting your "Beneficial Ownership Information" (BOI) annually with the federal government. To make it sound as imposing as possible, you'll be working with the FinCEN (Financial Crimes Enforcement Network).
This may seem daunting or intimidating at first (their website may make you feel like you're about to get arrested by the FBI) but the good news is, it's fairly straightforward. There is no fee. And it's really designed to help us all out by making sure money laundering, shell companies and the like aren't afoot. (Hurrah for corporate transparency!)
So! Let's walk through some basic steps to get this task done.
How to File Your Beneficial Ownership Information
Determine whether you must file. Basically, if you are cruising HAR's website, you're probably a travel advisor, host agency, consortium or something similar, which means you will need to submit this form. The law applies to: 1) domestic corporations, LLCs, and other entities created by filing with a state (that's you, sole proprietors that registered with your state) and 2) foreign entities that register to do business in the U.S. Note: Some entities are exempt, but these don't usually apply to the travel agencies (e.g. public utilities, some financial entities, tax-exempt entities).
Gather your information. Here's a list of all the things that you will need:
Name, birthdate, address, and ID number/image for each beneficial owner. (Beneficial owners are those with >25% ownership or substantial control)
For entities created after 1/1/2024, you'll need the above info also for "company applicants."
Follow this link to the BOI online form to e-file.
Set yourself a deadline. How do you know when it's due? Well, if you started your business before 1/1/2024, your report is due 1/1/2025, one year later. If you started your business after 1/1/24, you have 90 days from the date of formation. After 1/1/2025, the timeline becomes even stricter, and your initial report will be due only 30 days after formation. If you need to make changes, they will give you 30 days to file an updated report. Inaccuracies will automatically trigger a corrected report.
Schedule It. Finally, you'll be doing this every year, so go ahead and do yourself a favor by making this a recurring event in your calendar!
More Resources
BOI FAQs Q&A (fincen.gov)
FinCEN's Small Entity Guide
Beneficial Ownership Information FAQs
Who needs to file beneficial ownership information?
1) domestic corporations, LLCs, and other entities created by filing with a state and
2) foreign entities that register to do business in the U.S.
Note: Some entities are exempt, but these don't usually apply to most small businesses (e.g. publicly traded companies, banks, non-profits).
How do I file my beneficial ownership information?
You can file by visiting the Financial Crimes Enforcement Network's online filing option: https://www.fincen.gov/boi
Will my beneficial ownership information be made public?
Nope. While the details are still being formulated, the information is for government officials (mostly domestic, but possible foreign) and financial institutions if you give the go-ahead.
Is there a fee to submit my beneficial ownership information?
Nope. The sweethearts over at the Financial Crimes Enforcement Network may seem scary with their official badge, but they're softies when it comes to fees. There is no cost to file.
Who needs to file the beneficial ownership information (BOI) form?
As long as the company has given the okay for you to act on their behalf—whether you're an employee, owner, or third-party service provider—you can file the BOI form. The filers should be ready to give some basic contact information about themselves, including their name and email address or phone number.
Does a sole proprietorship need to file a beneficial ownership information (BOI) form?
If a sole proprietorship was created (or, if a foreign sole proprietorship, registered to do business) in the United States by filing a document with a secretary of state or similar office—which every sole proprietor should be doing—it is classified as a reporting company and will need to file a BOI form.