Upcoming Webinar: May 22nd, 2024 – The Corporate Transparency Act: Navigating BOI Reporting

Background Background

Why Professional Services Firms Must File a BOI Report Now to Avoid Fines

By FileForms | October 5, 2023
Why Professional Services Firms Must File a BOI Report Now to Avoid Fines

Modern professional services firms regularly offer critical and unique services to both enterprises and individual consumers. From accounting and law firms to architectural and marketing consultancies, professional services span a vast array of industries and specialties. Amid the daily concerns of keeping clients satisfied, there is a new federal mandate that is of utmost importance: the filing of a Beneficial Ownership Information (BOI) report

This pivotal document, introduced by the federal government, seeks to enhance commercial transparency by identifying individuals with ownership and control over specific professional services operations. Ignoring this mandate can lead to substantial fines as well as potential incarceration.

Understanding Beneficial Ownership 

Beneficial ownership pertains to individuals or entities that exert control or influence over an entity, like a professional service business, even if it’s legally registered under another name. To combat money laundering and terrorist financing, the U.S. Congress introduced the Corporate Transparency Act (CTA) on January 1, 2021. 

As part of the Anti-Money Laundering Act of 2020, the CTA mandates businesses, including those in professional services, to disclose their beneficial ownership details to the Financial Crimes Enforcement Network (FinCEN) beginning January 1, 2024.

Filing A BOI Report Is Critically Important for Professional Service Firms 

Filing a BOI report is not a suggestion; it’s a mandate with significant implications for entities, which include professional services firms. Designed to be a robust barrier against illicit activities, the BOI report aims to foster transparency and promote legitimate commerce. This transparency is not just about regulatory compliance; it’s about establishing trust with stakeholders, clients, and the wider business community.

What Happens if Professional Service Firms Do Not File a BOI Report?

The repercussions for not filing a BOI report are both extensive and severe. Businesses, including those in the professional services sector and especially those uninformed or overwhelmed by other operational duties, could face substantial monetary penalties that threaten their financial stability.

Businesses found in breach could incur maximum fines of $500 per day up to $10,000. Deliberate non-compliance or falsification of information could lead to criminal charges, with potential imprisonment of up to two years. Beyond the financial and legal repercussions, non-compliance can damage a firm’s reputation, leading to operational setbacks or even business dissolution.

Navigating Government Communication

Historically, the U.S. Federal Government’s communication regarding new mandates has been characterized by its limited outreach. This has occasionally led to widespread confusion and non-compliance. For business owners and decision makers seeking guidance on the Beneficial Ownership Information report, the following federal government platforms offer comprehensive information, guidelines, and resources:

What is the Corporate Transparency Act (CTA)? 

The CTA’s introduction marked a significant shift in financial transparency and governance for professional services. This groundbreaking legislation focuses on anonymous corporations or entities like shell companies. Under the CTA’s stringent guidelines, professional services businesses, termed as reporting companies, are required to provide exhaustive disclosures about their beneficial owners to FinCEN. This legislation is not just about compliance; it’s about setting a new transparency benchmark in the professional services industry.

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

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

How FileForms Assists in Compliance for Professional Service Firms

Given the potential penalties and legal consequences, a casual approach towards filing a BOI report positions businesses like professional services firms for severe consequences. A proactive, informed, and prepared approach is the best way to address this requirement. 

FileForms is your comprehensive solution for all professional services-related form and report submissions. We utilize cutting-edge technology and expert services to ensure every client’s filing and reporting needs are met with precision. We offer invaluable guidance for professional services firms required to file a BOI report to FinCEN, ensuring compliance with all necessary standards. 

Our expertise includes:

  • Beneficial Ownership Information report filing
  • Annual Reports
  • Foreign Bank Account Reports
  • Registered Agent services
  • Foreign Account Tax Compliance Act reporting

This strategy not only underscores the urgency and significance of accurate filing and reporting but also highlights FileForms’ commitment to offering specialized solutions for professional services entities across all industries. 

As the deadline for the Beneficial Ownership Information report approaches, its urgency and significance increases. This document is not a mere formality; it’s a mandate by the U.S. Federal Government. Get started with FileForms today and remain proactive, transparent, and compliant.

FileForms