business formation Archives

Published on February 6, 2024

3 mins read

Demystifying The Corporate Transparency Act (CTA): Separating Fact from Fiction

The Corporate Transparency Act (CTA), passed in 2020, has stirred up significant discussion and some confusion regarding its implications for business owners, particularly those operating under Limited Liability Companies (LLCs).

Amidst the flurry of information, certain myths have surfaced, causing unnecessary anxiety and misunderstanding. Let’s debunk some of these misconceptions and shed light on the realities of the CTA.

Myth 1: You can be sent to jail for non-compliance with the CTA.

Fact: While penalties for non-compliance exist, jail time is not currently part of the equation. Failing to file the required beneficial ownership report under the CTA can result in civil penalties of up to $500 per day, not criminal charges. However, it’s important to take compliance seriously, as these fines can quickly add up.

Myth 2: The CTA applies to all LLCs.

Fact: The CTA targets specific types of LLCs. Generally, it applies to newly formed LLCs (after January 1, 2024) and some pre-existing LLCs that acquire new beneficial owners (individuals with substantial control or ownership). Exemptions exist for certain entities like publicly traded companies and some financial institutions.

Myth 3: The CTA reporting process is overly complicated.

Fact: While navigating new regulations can feel daunting, the CTA reporting process aims to be streamlined. FinCEN, the responsible agency, is still finalizing specific requirements, but early indications suggest a web-based filing system with clear instructions.

Myth 4: The CTA information will be publicly available.

Fact: The beneficial ownership information collected under the CTA will not be publicly accessible. It will be restricted to authorized law enforcement, national security, and intelligence agencies for investigating potential financial crimes.

So, what should you do as an LLC owner?

Stay informed: Regularly check for updates and guidance from FinCEN as they finalize the CTA regulations.
Determine your applicability: Assess whether your LLC falls under the CTA’s requirements based on its formation date and ownership structure.
Seek professional guidance: If unsure, consult with an attorney or accountant specializing in corporate compliance.
Prepare for filing: Once the specific requirements are clear, gather the necessary information for your beneficial ownership report.

Remember, complying with the CTA is not just about avoiding fines; it’s about contributing to a more transparent financial system and deterring criminal activity. By staying informed and taking proactive steps, you can ensure your LLC remains compliant and avoids unnecessary stress.

Additional Resources:

FinCEN’s Corporate Transparency Act page: https://www.fincen.gov/boi
U.S. Chamber of Commerce’s CTA explainer: https://www.tmf-group.com/en/news-insights/articles/regulatory-update/us-corporate-transparency-act/

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for advice specific to your situation.

Published on May 4, 2022

4 mins read

6 Steps to Ensure You’re Building a Legitimate Business

When starting a legitimate business, the last thing you want to do is give an unprofessional impression. In order to ensure your business is legitimate, you need to demonstrate your trustworthiness to potential customers. Concentrate on these legal, regulatory, and insurance matters, and you will be able to do so.

Pick a Name for Your Business

Make sure your business name is legally available before deciding on it. Perform an internet search to see if the name is already being used as a domain or a social media account, and then consider conducting a trademark search to avoid any legal issues later on. If your company’s name is too similar to another, you may be unable to register it when you form a legal entity.

Establish Your Business Entity

Although it may be tempting to try your hand at being a sole proprietor, you could be taking an unnecessary risk. If your company gets into legal trouble, your personal assets could be at risk. Furthermore, the right entity—for instance, LLC or S or C Corporation—may provide tax benefits.

Creating a separate legal entity also makes it much easier to establish business credit and obtain small business financing.

Get Your Employer Identification Number (EIN)

EINs, also known as Federal Tax Identification Numbers, are used to identify a legal business entity. According to the IRS, generally, businesses need one, and you can request one online for free.

Obtain Business Permits and Licenses

Clients will notice approval stamps in the form of business permits and licenses. Check with the federal, state, county, and local governments to see if your company needs this authorization. If a federal agency regulates your kind of business activity, then you will require a federal license or permit. In general, states license more broadly, ranging from restaurants and retail to construction.

Set Up a Business Bank Account

Do not merge your personal and business bank accounts. It’s a good idea to keep your personal and business finances separate to make it easier to track company expenses and income.

Checking, savings, credit card, and merchant services accounts are available, allowing you to accept credit and debit card transactions. Additionally, business accounts help your company establish a credit history and provide limited liability protection for you and your customers.

Insurance for Your Business

Protect yourself and your personal finances with insurance. In the worst case scenario — property damage, liability, or an injured employee — insurance has you covered. It should be noted that workers’ compensation laws and regulations vary by state.

Small businesses should also consider purchasing a business owner’s policy, which combines property, liability, and income insurance. This will compensate for lost income if your company is unable to operate during a loss.

If you have these structures in place, your business will be more solidified, and you will be able to assure customers that you are legitimate.