As part of the Corporate Transparency Act (CTA), entities are required to report Beneficial Ownership Information (BOI) accurately and promptly to FinCEN. Noncompliance, whether intentional or due to negligence, can result in severe penalties. This article outlines the consequences for failing to comply with BOI reporting requirements and identifies those who can be held accountable.
Penalties for Violations
The CTA establishes both civil and criminal penalties for individuals who willfully violate BOI reporting obligations. Violations include:
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- Failure to File: Willfully neglecting to submit the required BOI report.
- Filing False Information: Intentionally submitting false or misleading beneficial ownership data.
- Failure to Update Information: Willfully failing to correct or update previously submitted information.
Civil Penalties:
Violators may incur daily fines of up to $500 for each day the violation continues. Adjusted annually for inflation, the current fine stands at $591 per day.
Criminal Penalties:
Willful violations can result in imprisonment for up to two years and fines of up to $10,000.
Liability for BOI Reporting Violations
Both individuals and corporate entities may be held liable for willful noncompliance. Below are scenarios in which specific parties could face penalties:
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- Individuals Filing on Behalf of the Company:
Any individual who knowingly files false or fraudulent BOI reports on behalf of a reporting company is subject to the same penalties as the company itself.
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- Senior Officers of the Reporting Company:
Senior officers can be held accountable if they knowingly participate in or fail to prevent noncompliance.
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- Beneficial Owners and Company Applicants:
Beneficial owners or company applicants who refuse to provide required information to a reporting company, thereby causing noncompliance, may also face enforcement actions.
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- Third Parties Providing False Information:
Liability extends to anyone who knowingly supplies false information that is subsequently reported to FinCEN.
Relevance for Taxpayers and Tax Professionals
Ensuring compliance with BOI reporting requirements involves proactive measures to avoid civil and criminal penalties. Companies must:
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- Establish internal controls to monitor compliance.
- Conduct periodic reviews to ensure submitted BOI reports are accurate and up to date.
- Educate employees and officers about the legal implications of BOI noncompliance.
Understanding the potential consequences of BOI reporting violations underscores the importance of accurate and timely submissions. Failure to adhere to these requirements not only jeopardizes individuals and entities financially but also exposes them to criminal liability.
For additional guidance on BOI compliance and strategies to mitigate risk, consult with a qualified legal professional.
This article is part of our ongoing series on BOI compliance under the Corporate Transparency Act. For more insights, visit our newsletter archives.