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Your Education Services Business Could Face Fines as a Result of the Corporate Transparency Act 

By FileForms | October 12, 2023
Your Education Services Business Could Face Fines as a Result of the Corporate Transparency Act 

In educational services, proprietors of small businesses, such as tutoring centers, music schools, dance studios, and financial literacy workshops, grapple with various challenges. These establishments, while diverse, commonly deal with operational necessities that require most of their time and attention, such as curriculum development, student acquisition and retention, facility management, and certification and accreditation. While there are ongoing concerns for any educational business, a new federal mandate has been laid out as a result of the Corporate Transparency Act: filing a Beneficial Ownership Information (BOI) report

This important document, now required by the federal government, seeks to enhance commercial transparency by identifying individuals who possess ownership and control over specific educational service operations. Neglecting this requirement can lead to substantial fines and potential incarceration.

What is Beneficial Ownership? 

The explanation of beneficial ownership is simple: it pertains to individuals or entities that exercise control or influence over an entity, 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. As a component of the Anti-Money Laundering Act of 2020, the CTA mandates educational service providers to disclose their beneficial ownership details to the Financial Crimes Enforcement Network (FinCEN) beginning January 1, 2024.

Why the Corporate Transparency Act is Critical for Education Services Businesses

As a part of the Corporate Transparency Act, the BOI report is a mandate that can have profound implications for educational service providers. Crafted to be a formidable barrier against illegal activities like money laundering, the BOI report seeks to cultivate transparency and promote legitimate commerce. This transparency is not merely about regulatory adherence; it’s about forging trust with stakeholders, students, and the wider community.

Severe Consequences for Entities Who Don’t File 

The repercussions for failing to file a BOI report are both severe and comprehensive. Educational service providers, particularly those uninformed, unprepared, or distracted due to managing their regular operational duties, could face significant monetary penalties that threaten their financial stability and livelihood.

Businesses, including educational service providers, found in violation could incur fines as high as $500 per day up to $10,000. Purposeful non-compliance or falsification of information could result in criminal charges, with potential imprisonment of up to two years. Beyond the financial and legal penalties, non-compliance can tarnish a reputation, leading to operational damage to the business or complete forfeiture of the service.

Don’t Count on a Comprehensive Communication from the U.S. Government

Usually, the U.S. Federal Government’s communication strategy regarding new mandates is very limited. This has led to scenarios where educational service providers, individuals, and even entire sectors were caught off guard, resulting in widespread confusion and, occasionally, non-compliance. Past mandates like the Real ID Act, Medicare Enrollment, and Immigration and Visa Deadlines stand as perfect examples of the government not widely communicating key deadlines.

For educational service providers seeking guidance on the Beneficial Ownership Information report, several federal government platforms provide comprehensive information, guidelines, and resources:

Dissecting the Corporate Transparency Act (CTA)

The inception of the CTA marked a major shift in financial transparency regarding educational service governance. This groundbreaking legislation focuses on anonymous corporations or ambiguous entities like shell companies. Under the CTA’s stringent guidelines, certain entities are mandated to provide exhaustive disclosures about their beneficial owners to FinCEN. This legislation is not just about compliance; it’s about establishing a new standard for transparency in the educational industry.

Reporting companies 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

Indication of the filing type:

  • 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

FileForms Helps Educational Service Providers Easily Maintain Compliance

Now that you know there are penalties and legal consequences, a casual approach to filing a BOI report may not be good for you and your business.

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

Our expertise encompasses:

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

Because of our expertise, we not only emphasize the urgency and significance of accurate filing and reporting but also showcase our dedication to offering specialized solutions for educational service providers across all models and industries.

As the deadline for the Beneficial Ownership Information report nears, its urgency and significance grow. This document is not a mere formality; it’s a mandate by the U.S. Federal Government. Get started with FileForms today to ensure your educational services business remains proactive, transparent, and compliant.

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