UPDATE: Ruling for CTA Implementation Reinstated

Published December 24, 2024 in General News

As previously shared, on Tuesday, December 3rd, 2024, the US District Court for the Eastern District of Texas issued an order specifically prohibiting the federal government’s enforcement of the Corporate Transparency Act (CTA), which was enacted January 1st, 2024. The Act requires all applicable US companies (~32.5 million, as of January 1st, 2024) to provide the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) with far-reaching “beneficial owners information” (BOI) by January 1st, 2025.

As of December 23rd, 2024, the federal US Court of Appeals for the Fifth Circuit issued an updated ruling reinstating the CTA’s reporting requirements, overturning the Texas court’s previous ruling. FinCEN has extended the previous information submission deadlines to accommodate the ongoing implementation uncertainty.

The extended reporting deadlines are as follows:

• Businesses created before January 1st, 2024 – New deadline of January 13th, 2025
• Businesses created on or after September 4th, 2024 – New deadline of January 13th, 2025
• Businesses created between December 3rd-23rd, 2024 – New deadline of 21 days from their original filing deadline
• Businesses created on or after January 1st, 2025 – New deadline of 30 days after notice of business registration confirmation

Businesses that qualify for disaster relief may have deadlines later than those listed above. In those circumstances, those businesses have been instructed by the Fifth Circuit court to use whichever deadline date is later.

Kotz Sangster will resume filings for companies and will continue to keep our clients informed regarding future implementation of the CTA as the situation continues to evolve.

US Court of Appeals Fifth Circuit - CTA Decision December 23rd, 2024