BOI Reporting Will Not Be Enforced Domestically
The Department of the Treasury will not be enforcing beneficial ownership information regulations on U.S. citizens or domestic companies or their beneficial owner under existing deadlines.
In a March 2, 2025, announcement the agency added that it will "not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their beneficial owners after the forthcoming rule changes take effect either."
According to the announcement, the Treasury Department is planning to issue a notice of proposed rulemaking "that will narrow the scope of the rule to foreign companies only. Treasury takes this step in the interest of supporting hard-working American taxpayers and small businesses and ensuring that the rule is appropriately tailored to advance the public interest."
Current statute does not limit BOI reporting to foreign companies.
The announcement by Treasury comes in the wake of the Financial Crimes Enforcement Network announcing that mandatory reporting was back in effect with a new reporting deadline 30 calendar days from February 19, 2025, for most companies. The new deadline followed a stay on the injunction order against the reporting requirements put in place by the U.S. District Court for the Eastern District of Texas.
As of March 3, 2025, the FinCEN BOI website still carries the following alert, updated February 19, 2025: "Beneficial ownership reporting requirements are back in effect, with a new deadline of March 21, 2025, for most companies. FinCEN will assess its options for further modifying deadlines."
However, FinCEN also issued an announcement on February 27, 2025, stating that it "will not issue any fines or penalties or take any other enforcement actions against companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines."
FinCEN added in that announcement that by March 21, 2025, it "intends to issue an interim final rule that extends BOI reporting deadlines, recognizing the need to provide new guidance and clarity as quickly as possible, while ensuring that BOI that is highly useful to important national security, intelligence, and law enforcement activities is reported."
The agency is also planning on soliciting public comment on potential revising BOI reporting requirements for an NPRM that will be issued "later this year."
By Gregory Twachtman, Washington News Editor