Learning Center

Should I Still File a BOI Report for My Business?

Many business owners are asking if they should still file a BOI Report for their businesses by 1/1/2025. At the time of the publication of this article (12/5), the short answer is that it would be prudent to do so, but is not required.

Why the Change?

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in favor of the plaintiffs in the case of Texas Top Cop Shop, Inc. et al. vs. Garland (U.S. Attorney General).

In so ruling, “the Court has determined that the CTA and Reporting Rule are likely unconstitutional for purposes of a preliminary injunction. It has not made an affirmative finding that the CTA and Reporting Rule are contrary to law or that they amount to a violation of the Constitution.”

The Court proceeded to issue a nationwide injunction that halts enforcement of the CTA and its impending January 1, 2025 filing deadline.

While this Court’s ruling stays the CTA and the January 1 deadline for now, it would not be surprising if the Treasury Department sought a stay from the Fifth Circuit, pending the outcome of the appeal. This Court is the second to rule against the constitutionality of the CTA, while three others have held that the CTA is constitutional. This kind of back-and-forth litigation is not unusual and often follows when Congress adopts new laws. Eventually, the differing court opinions are resolved through appellate court decisions and, sometimes, even the U.S. Supreme Court.

Law firms that closely follow the CTA note that FinCEN's filing system remains operational and reporting companies may continue to file. This trial court's opinion will be appealed to the Fifth Circuit, and it is possible that the Fifth Circuit might stay the trial court's order, thereby re-imposing the January 1 deadline.

Reporting companies may decide to continue the process of completing their initial reports or suspend their work, pending further judicial proceedings.

If a reporting company files and the deadline is re-imposed, that reporting company will be in compliance.

If a reporting company declines to file now, it may find itself in a rush to comply if the deadline is put back into effect.

Share this article...