Business owners can avoid a $10,000 government fee by complying with new transparency law

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The legislation, known as the Corporate Transparency Act, went into effect this year and is likely to impact millions of small businesses.

Treasury Secretary Janet Yellen received a briefing during a visit to the Financial Crimes Enforcement Network in Vienna, Va., in January. The National Small Business Association has won a court challenge against the Corporate Transparency Act, a law designed to combat money laundering. A federal court in Alabama on Friday ruled the legislation unconstitutional.

The state where the company was formed and relevant tax and employer identification numbers are also required along with an image of the articles of incorporation.A “beneficial owner” is someone that owns at least 25% of the entity through profit interest, options, warrants and other instruments like convertible debt. However, other senior managers that exert “substantial control” over the decisions of the company may also need to be included.

“If it’s an important decision maker, we generally recommend disclosing the information about that person,” he said. Phinn says that although some corporate entities may be exempt because of their size or type of business, it’s common for their individual clients who own or manage these companies to also have interests in “smaller entities like real estate holdings or partnerships,” which may require reporting.

 

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