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Deadline Approaching: Why Restaurant and Hospitality Small Businesses Must File a BOI Report Now!

By FileForms | September 27, 2023
Deadline Approaching: Why Restaurant and Hospitality Small Businesses Must File a BOI Report Now!

Companies of all sizes, particularly small businesses, often juggle numerous responsibilities, especially in the high-pressure restaurant and hospitality industry. From ensuring food is of the highest quality to confirming a vacation stay for a family of 8, owners must attend to a never-ending list of responsibilities. Amidst this bustling backdrop, a federal mandate often goes unnoticed but is of supreme importance: filing a Beneficial Ownership Information (BOI) report. This seemingly innocuous document is, in reality, a major effort by the federal government to promote commercial transparency, identifying individuals behind the ownership and control of certain businesses.

Beneficial ownership pertains to individuals or groups who control or influence an asset or company, even if it’s legally registered under a different name. To combat money laundering and terrorist financing, the U.S. Congress introduced the Corporate Transparency Act (CTA) on January 1, 2021. Part of the Anti-Money Laundering Act of 2020, the CTA mandates entities to report their beneficial ownership details to the Financial Crimes Enforcement Network (FinCEN) by January 1, 2024.

The Significance of the BOI Report for Restaurants and Hospitality 

At first glance, the BOI report may seem like just another bureaucratic requirement. However, delving deeper reveals its profound implications for the food and beverage industry and many other U.S. companies. The BOI report is designed as a formidable defense mechanism against money laundering and other illicit activities to ensure transparency and promote legitimate commerce. 

The repercussions of non-compliance are multifaceted and severe. Businesses, especially those unaware or ill-prepared, can be subject to substantial monetary penalties that could severely undermine their financial health. Even more critical is the legal implications: individuals responsible for accidental or deliberate non-compliance may face hefty fines and even imprisonment. This stark reality underscores the critical nature of these federal mandates and highlights the importance of comprehensive awareness and preparedness.

Penalties For Not Filing a BOI Report by the Deadline

The penalties for non-compliance are severe. Entities found in violation could face maximum fines of $500 per day, up to $10,000. Deliberate non-compliance or falsification of information could lead to criminal charges, with potential jail terms extending up to two years.

The Government Won’t Over-Communicate Requirements for the BOI Report

The U.S. Federal Government’s approach to communicating new mandates and regulations has often been characterized by its lack of widespread dissemination. This has led to numerous instances where businesses, individuals, and even entire sectors were caught off-guard, leading to widespread confusion and, in some cases, non-compliance. Historical mandates like the Real ID Act, Medicare Enrollment, Immigration and Visa Deadlines, and more serve as a testament to this trend.

With this in mind, the U.S. Federal Government has already communicated requirements around filing a Beneficial Ownership Information report as indicated by the following websites:

The above federal government platforms offer in-depth information, guidelines, and resources to ensure businesses are well-equipped to navigate the compliance landscape.

A Closer Examination of the Corporate Transparency Act (CTA)

The introduction of the CTA marked a pivotal moment in financial transparency and corporate governance. This groundbreaking legislation was crafted to enhance transparency, explicitly focusing on opaque structures like shell companies and other anonymous corporate entities. Under the CTA’s stringent guidelines, businesses, also known as reporting companies, must provide exhaustive disclosures about their beneficial owners to the FinCEN.

Reporting company must provide the following information via a BOI report:

  • Legal name
  • Trade names, “doing business as” (d/b/a), or “trading as” (t/a) names
  • Current U.S. street address:
    • Principal place of business for domestic companies
    • U.S. business address for foreign companies
  • Jurisdiction of formation or registration
  • Taxpayer Identification Number

Indicate the type of filing:

  • Initial Report
  • Correction of a prior Report
  • Update to a prior Report

Personal Information required for individual beneficial owners and company applicants:

  • Full legal name
  • Date of birth
  • Current address
  • Unique identifying number and its issuing jurisdiction (e.g., U.S. passport or driver’s license)
  • Image of the document showing the identifying number

Optional:

  • Obtain a FinCEN identifier to use in future filings as an alternative to the above details
  • Beneficial for frequent filers to streamline the process

How FileForms Helps Businesses and Individuals Remain Proactive

In light of the potential fines and criminal penalties, a reactive approach to filing a BOI report is a surefire recipe for disaster. Being proactive, informed, and prepared is the gold standard. 

FileForms is your comprehensive solution for all business form and report submissions, utilizing cutting-edge technology and expert services to guarantee that every client’s filing and reporting needs are fulfilled with utmost accuracy and precision. We extend crucial advice and expertise for beneficial owners who must file a BOI report to FinCEN, ensuring compliance with all requisite standards.

Our areas of expertise includes:

  • Beneficial Ownership Information Reports
  • Annual Reports 
  • Registered Agent Services
  • Foreign Bank Account Reports
  • Foreign Account Tax Compliance Act Reporting

This approach not only underscores the urgency and importance of accurate filing and reporting but also maintains a professional tone, emphasizing FileForms’ commitment to providing specialized solutions in these areas.

As the Beneficial Ownership Information report filing deadline inches closer, the urgency and significance become even more pronounced. This document is not a mere formality; it’s a requirement by the U.S. Federal Government. Get started with FileForms today and remain proactive, transparent, and compliant.

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