Update on the Corporate Transparency Act (CTA) Filing Obligations

Nationwide injunction halts CTA enforcement

A recent federal court decision has introduced a significant development regarding the Corporate Transparency Act (CTA). The US District Court for the Eastern District of Texas has issued a nationwide preliminary injunction, effectively halting enforcement of the CTA and its related regulations. This decision has immediate implications for businesses preparing to meet the January 1, 2025, filing deadline.

Key takeaways from the court’s ruling

1. Filing requirements suspended: Companies are no longer required to submit Beneficial Ownership Information (BOI) to Financial Crimes Enforcement Network (FinCEN) by January 1, 2025, or comply with the reporting obligations outlined in the CTA.
2. Nationwide impact: The injunction applies across the United States, covering all reporting companies.
3. Constitutional concerns: The court deemed the CTA potentially unconstitutional, citing issues related to federal overreach and burdens on businesses.
4. Voluntary filing allowed: If businesses wish to proceed, they may still voluntarily submit BOI reports to FinCEN.

What does this mean for businesses?

For those that have already filed:

• No additional action is required at this time.
• Continue to safeguard submitted data while monitoring legal developments.

For those yet to file:

• There is no immediate need to prepare or submit BOI reports until further notice.
• Businesses may voluntarily file if they choose to.
• Businesses may delay compliance efforts but remain prepared for potential changes. If the injunction is overturned on appeal, businesses may need to act quickly to meet reporting deadlines. 

What’s next?

This preliminary injunction is not the final word. The decision is likely to be appealed, potentially reaching the US Supreme Court. Until the injunction is lifted or reversed, companies are not obligated to comply with CTA reporting requirements.

Additionally, administrative or legislative actions in the future could alter the CTA’s enforcement. Businesses should stay informed and consult legal counsel as the situation evolves.

Stay informed

We will continue to provide updates as new information becomes available. If you have any questions or would like further assistance in understanding how this development impacts you, please feel free to reach out. Additionally, here are some resources we found to be informative:

• National Law Review: Texas Court Blocks Corporate Transparency Act Nationwide
• Forbes: Court Blocks Corporate Transparency Act: A Win for Federalism?

The information provided above is for general guidance only and should not be utilized in lieu of obtaining professional tax and/or legal advice.