On December 3, 2024, a federal district court in the state of Texas has issued a nationwide injunction against the enforcement of the Corporate Transparency Act and its Beneficial Ownership Information (BOI) reporting requirement labeling it as “unconstitutional” (Texas Top Cop Shop v. Garland). At this moment, fines and penalties are not enforceable for not completing the BOI filing by the initial 1/1/25 deadline and reporting companies need not comply with the deadline until further order of the court. On December 5, 2024, the U.S. government filed an appeal against the preliminary injunction. It is still encouraged to file the BOI reports, or at a minimum, be ready to file at a moment’s notice. If the injunction is overturned, reporting companies will still need to file the BOI reports to stay in compliance and avoid penalties. If you have already completed your BOI filing, you are viewed as being in good standing with the Financial Crime Enforcement Network (FinCEN). We will update you with more information from the court case when it is provided.
