logo

CORPORATE TRANSPARENCY ACT (CTA) - BENEFICIAL OWNERSHIP INFORMATION (BOI) REPORTING REQUIREMENT

February 6, 2024

Starting January 1, 2024, a significant number of businesses will be required to comply with the Corporate Transparency Act (“CTA). The CTA was enacted into law as part of the National Defense Act for Fiscal Year 2021. The CTA requires the disclosure of the beneficial ownership information (otherwise known as “BOI”) of certain entities from people who own or control a company.  

  

It is anticipated that 32.6 million businesses will be required to comply with this reporting requirement. The intent of the BOI reporting requirement is to help US law enforcement combat money laundering, the financing of terrorism and other illicit activity.   

  

The CTA is NOT a part of the tax code. Instead, it is a part of the Bank Secrecy Act, a set of federal laws that require record-keeping and report filing on certain types of financial transactions. Under the CTA, BOI reports will not be filed with the IRS, but with the Financial Crimes Enforcement Network (FinCEN), another agency of the Department of Treasury.   

  

Below is some preliminary information for you to consider as you approach the implementation period for this new reporting requirement. This information is meant to be general-only and should not be applied to your specific facts and circumstances without consultation with competent legal counsel and/or other retained professional adviser.  

  

What entities are required to comply with the CTA's BOI reporting requirement?  

Entities organized both in the U.S. and outside the U.S. may be subject to the CTA's reporting requirements. Domestic companies required to report include corporations, limited liability companies (LLCs) or any similar entity created by the filing of a document with a secretary of state or any similar office under the law of a state or Indian tribe.  

  

Domestic entities that are not created by the filing of a document with a secretary of state or similar office are not required to report under the CTA.   

  

Foreign companies required to report under the CTA include corporations, LLCs or any similar entity that is formed under the law of a foreign country and registered to do business in any state or tribal jurisdiction by filing a document with a secretary of state or any similar office.   

  

Are there any exemptions from the filing requirements?  

  

There are 23 categories of exemptions. Included in the exemptions list are publicly traded companies, banks and credit unions, securities brokers/dealers, public accounting firms, tax-exempt entities and certain inactive entities, among others. Please note these are not blanket exemptions and many of these entities are already heavily regulated by the government and thus already disclose their BOI to a government authority.  

  

In addition, certain “large operating entities” are exempt from filing. To qualify for this exemption, the company must:   

  

Employ more than 20 people in the U.S. 

Have reported gross revenue (or sales) of over $5M on the prior year's tax return; and  Be physically present in the U.S.  

  

Who is a beneficial owner?  

  

Any individual who, directly or indirectly, either:  

  

Exercises “substantial control” over a reporting company, or 

Owns or controls at least 25 percent of the ownership interests of a reporting company  
  

An individual has substantial control of a reporting company if they direct, determine or exercise substantial influence over important decisions of the reporting company. This includes any senior officers of the reporting company, regardless of formal title or if they have no ownership interest in the reporting company.  

  

The detailed CTA Regulations define the terms "substantial control" and "ownership interest" further. Click the button below for the detailed regulations. 

  

When must companies file?  

  

There are different filing timeframes depending on when an entity is registered/formed or if there is a change to the beneficial owner's information.  

  

New entities (created/registered in 2024) — must file within 90 days 

New entities (created/registered after 12/31/2024) — must file within 30 days 

Existing entities (created/registered before 1/1/24) — must file by 1/1/25  

Reporting companies that have changes to previously reported information or discover inaccuracies in previously filed reports — must file within 30 days  

  

What sort of information is required to be reported?  

  

Companies must report the following information: full name of the reporting company, any trade name or doing business as (DBA) name, business address, state or Tribal jurisdiction of formation, and an IRS taxpayer identification number (TIN).  

  

Additionally, information on the beneficial owners of the entity and for newly created entities, the company applicants of the entity is required. This information includes — name, birthdate, address, and unique identifying number and issuing jurisdiction from an acceptable identification document (e.g., a driver's license or passport) and an image of such document.  

  

Risk of non-compliance  

  

Penalties for willfully not complying with the BOI reporting requirement can result in criminal and civil penalties of $500 per day and up to $10,000 with up to two years of jail time. 


Please get in touch with our office to discuss your business situation.

YOU SHOULD CONTACT YOUR ATTORNEY FOR GUIDANCE AND FILING.

SafeSend Gather vs. SafeSend Client Portal: What's the Difference?

January 21, 2025
SafeSend Gather and SafeSend Client Portal are components within the SafeSend One™ platform, each designed to streamline different aspects of the tax preparation and client interaction process. SafeSend Gather focuses on automating the initial phase of tax preparation by simplifying the collection of necessary documents and information from clients. Leveraging advanced artificial intelligence, it automatically generates document request lists, identifies and categorizes uploaded documents, and provides real-time visibility into document completion status. This ensures a frictionless document gathering process for both firms and clients. SafeSend Client Portal , on the other hand, is designed to enhance the overall client experience by providing a centralized dashboard for managing all tasks and documents throughout the tax lifecycle. It offers features such as a downloadable, sortable, and searchable repository of all documents exchanged between client and firm, a simple actionable to-do list, comprehensive notifications for important deadlines, a unified K-1 distribution page, and a centralized location to view and pay estimated or actual tax payment vouchers. This portal empowers clients to have greater independence and control over their tax journey. In summary, while SafeSend Gather streamlines the document collection process at the beginning of the tax preparation, SafeSend Client Portal provides an ongoing, centralized platform for clients to manage their tax-related tasks and documents throughout the entire tax lifecycle. Please reach out to our office if you have any questions about the SafeSend platform and it's features. CLICK or CALL . Source: SafeSend Learn

SafeSend Client Portal User Guide: Simplify Tax Document Management

January 6, 2025
Managing tax documents doesn’t have to be overwhelming. With the SafeSend Client Portal , you gain a secure, convenient, and efficient way to store, access, and share your tax documents anytime, anywhere. This cutting-edge platform is designed with your ease and security in mind, ensuring that your tax preparation process is smooth and stress-free. Benefits of the SafeSend Client Portal Secure Access to Your Documents The SafeSend Client Portal employs advanced encryption and security protocols to protect your sensitive financial information. You can confidently upload, store, and retrieve your tax documents without worrying about data breaches. 24/7 Availability With the portal, your documents are available at your fingertips, whether you’re at home, at work, or on the go. No need to hunt through paperwork—everything is digitally organized in one place. Streamlined Communication The portal allows you to securely share documents with our office and receive important updates or requests. This eliminates the need for back-and-forth emails or physical mail, saving you time and hassle. Environmentally Friendly By using a digital portal, you’re reducing paper waste and contributing to a more sustainable future. User-Friendly Design SafeSend’s intuitive interface makes it easy to navigate, even if you’re not tech-savvy. Step-by-Step Guide to Setting Up Your SafeSend Client Portal Receive the Invitation You’ll receive an email with a link to set up your SafeSend Client Portal. The email will include a secure invitation link that is unique to you. Create Your Account Click the invitation link and follow the prompts to create your account. You’ll need to set up a username and password and provide some basic information to verify your identity. Be sure to hit 'Sign Up' under the login screen before trying to log into an account. Verify Your Identity For added security, the portal may send a verification code to your email or phone. Enter this code to complete the setup process. Log In Once your account is set up, log in using your new credentials. Bookmark the login page for easy access in the future. Explore the Portal Take a moment to familiarize yourself with the portal. You’ll find sections for uploading documents, viewing files, and communicating with our team. Upload Your Documents Use the upload feature to submit your tax documents. You can drag and drop files or select them manually from your device. Accepted file types include PDFs, images, and spreadsheets. Monitor Progress The portal allows you to track the status of your submissions and see any additional requests from our team. You’ll receive notifications when updates are made. Access Your Completed Tax Return Once your return is complete, you can securely download a copy directly from the portal. All files are stored for your convenience and future reference. Still struggling to set up a client portal? Here is, a direct from SafeSend, step by step guide for 1st time portal setup/access: Client Portal Experience – SafeSend Returns Start Using SafeSend Client Portal Today The SafeSend Client Portal is a powerful tool designed to make your tax preparation experience smoother and more efficient. If you have questions about setting up or using the portal, our team is here to assist you every step of the way. Contact us today to get started and take the first step toward a more organized and stress-free tax season!

SafeSend Gather User Guide: Streamline Your Tax Document Collection

January 3, 2025
Collecting and organizing tax documents can be a time-consuming and stressful part of the tax preparation process. That’s why we’re excited to offer SafeSend Gather , a secure and user-friendly tool designed to simplify how you share your tax documents with us. Here’s an overview of the benefits of SafeSend Gather and how to get started. Benefits of SafeSend Gather Secure Document Sharing SafeSend Gather ensures your sensitive tax information is protected with top-tier encryption, safeguarding your personal and financial details during the document submission process. Convenient and User-Friendly Whether you’re at home or on the go, SafeSend Gather’s intuitive interface makes it easy to upload and share documents directly from your computer, tablet, or smartphone. Save Time and Stay Organized The platform’s streamlined approach eliminates the need for printing, scanning, or mailing documents. All your tax files stay neatly organized in one place, ready for review. Track Your Progress SafeSend Gather allows you to see which documents have been submitted and which are still needed, ensuring nothing gets overlooked. Step-by-Step Guide to Using SafeSend Gather Receive the Invitation You’ll receive an email from our office with a personalized link to access SafeSend Gather. This link is unique to you and will guide you to your secure document portal. Log In Click the link in the email and follow the instructions to verify your identity. You may need to input a secure access code sent to your email or phone for additional security. Review Document Requests Once logged in, you’ll see a checklist of the documents we need for your tax preparation. This checklist is customized to your tax situation to ensure we receive all the necessary information. Please be sure to sign your Engagement Letter and fill out your organizer before uploading your tax documents. Keep in mind, you may have additional tax documents to the ones listed in your checklist Gather bases the checklist on the previous tax year, so if there have been any changes to employment, investments(ex: sale of stocks), or assets(ex: purchase of a home) the checklist may not reflect these. Upload Documents Use the upload feature to submit your documents. You can drag and drop files from your device or select them manually. SafeSend Gather accepts a variety of file types, including PDFs, images, and spreadsheets. Confirm Submission After uploading your documents, review the list to ensure everything has been submitted. Once complete, click “Submit” to notify us that your documents are ready for review. Follow Up if Needed If we require additional documents or clarification, you’ll receive an email notification prompting you to log back into SafeSend Gather to provide the requested information. Start Using SafeSend Gather Today SafeSend Gather is just one of the ways we’re making the tax preparation process easier and more efficient for you. If you have questions or need assistance with setting up or using the platform, don’t hesitate to contact our office. Let’s work together to make this tax season seamless and stress-free!
Share by: