3 Key Takeaways:
- Mandatory BOIR Filing for LLCs and Corporations:
- Risks of Non-Compliance: Failing to file a BOIR can result in significant financial and legal consequences, including civil and criminal penalties.
- Legal Protection Through Incorporation:
As a Real Estate Broker, understanding and complying with BOIR Reporting Requirements is crucial for the success of your business. Failure to adhere to these regulations can result in hefty fines and damage to your reputation. By staying informed and up-to-date on these requirements, you can protect your business and ensure smooth operations.
In this blog, we will delve into the importance of BOIR Reporting Requirements for Real Estate Brokers and the implications of non-compliance. Readers will learn about the key information they need to collect and report, as well as the steps they can take to ensure they are meeting regulatory standards. By the end of this blog, you will have a clear understanding of how to navigate these requirements and safeguard your business from potential risks.
What is a BOIR?
A Beneficial Ownership Report (BOIR) is a document that discloses the individuals who ultimately own or control a company. It is now a requirement for most US companies to file a BOIR under the Corporate Transparency Act, which aims to prevent money laundering and terrorist financing. This report helps to increase transparency and accountability within businesses, as well as deter illicit activities.
For those in the Real Estate Broker profession, the requirement to file a BOIR is particularly relevant. Many individuals who start a Real Estate Broker business do so by incorporating with an LLC or Corporation. This means that they would fall under the mandate to submit a BOIR. Just like conducting a thorough property inspection before closing a deal, filing a BOIR ensures that the ownership structure of a real estate business is clear and legitimate.
Penalties for Failing to File a BOIR
Failing to file a Beneficial Ownership Information Report (BOIR) can result in severe consequences:
Civil Penalties
Entities that do not file a BOIR may face fines of up to $500 per day for each day the report is not submitted. These penalties can accumulate quickly, potentially resulting in significant financial burdens for non-compliant businesses.
Criminal Penalties
Willful non-compliance or providing false information can lead to criminal charges. These may include:
- Fines of up to $10,000
- Imprisonment for up to two years
Correction Period
FinCEN may waive penalties for mistakes or omissions that are corrected within 90 days of the original report filing deadline. However, it’s uncertain how aggressively penalties will be assessed for late reports, missed deadlines, or incorrect information disclosures.
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Why Choose FinCEN BOI Filing for Your BOIR Needs?
That’s where we come in. At FinCEN BOI Filing, we’ve developed a user-friendly submission form that makes filing your BOIR quick and hassle-free. Our intuitive interface allows you to complete the filing process in just minutes, ensuring that you remain compliant without the stress.
Our service prioritizes your security. We use a secure connection to submit your BOIR directly, ensuring that none of your sensitive data is stored. Unlike many competitors who rely on manual entry—where your information is handled by their employees before being submitted to FinCEN—our automated process minimizes the risk of errors and enhances data security, giving you peace of mind.
With FinCEN BOI Filing, you can trust that your BOIR will be submitted efficiently and securely, leaving you free to focus on what matters most—running your business. Don’t let the complexities of BOIR compliance slow you down. Let us handle the filing, so you can stay compliant and avoid costly penalties.
Not Incorporated Yet? Discover Why You Should and What You Need to Know
As a Real Estate Broker, incorporating your business isn’t just about paperwork and formalities – it’s a powerful way to protect yourself and your venture. Whether you’re a seasoned entrepreneur or just starting out, understanding these benefits can be crucial for your business’s future.
Creating a Legal Barrier
When you incorporate as a Real Estate Broker, you’re essentially creating a separate legal entity for your business. This separation acts as a shield, protecting your personal assets from business liabilities. Imagine your business faces a lawsuit or accumulates debt it can’t repay. In a sole proprietorship, creditors could come after your personal savings or even your home.
But with a corporation as a Real Estate Broker, only the company’s assets are at risk, leaving your personal finances intact. This legal protection can provide peace of mind as you navigate the complexities of the real estate market and negotiate deals on behalf of your clients. By incorporating, you are taking a proactive step to safeguard your personal liability and ensure the longevity of your real estate brokerage business.
Protecting Your Privacy and Shielding Your Identity
As a Real Estate Broker, you understand the importance of privacy when it comes to your business dealings. Incorporating your business can add a layer of protection by obscuring ownership and keeping your personal information out of public records. By forming a corporation or LLC, you can separate your personal identity from your business entity, providing a level of privacy that is crucial in the real estate industry.
States like Wyoming, Delaware, and New Mexico offer even more privacy protections by allowing for anonymous LLCs, where owner information is kept completely confidential. Utilizing a registered agent service can further enhance this privacy by keeping your identity hidden from public view. While not a foolproof solution, incorporating your business can be a valuable tool for maintaining your privacy and safeguarding your personal information from unwanted scrutiny.
Incorporating your business can provide a level of privacy by keeping much of your personal information out of public records, helping to maintain a degree of anonymity. However, it’s important to recognize that this privacy has its limits and does not eliminate all legal disclosure requirements. Under the Corporate Transparency Act (CTA), most new and existing small businesses are required to file a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network (FinCEN), identifying the individuals who ultimately own or control the business.
This BOI report is mandatory for most corporations, LLCs, and other entities created by filing with a secretary of state. The information provided is not public and is stored in a secure, non-public database, accessible only to authorized government authorities for law enforcement, national security, or intelligence purposes. While financial institutions may access this information with the company’s consent for customer due diligence, the data remains highly secure and is not available to the general public, ensuring that incorporation still offers significant privacy benefits.
Our Top Recommendation for Incorporating and Using Registered Agents
Northwest Registered Agent isn’t just another business formation service – it’s your secret weapon for launching a successful, protected enterprise. Here’s why they stand out:
Expert Entity Selection Guidance – Northwest offers personalized advice to help you select the perfect business entity, whether it’s an LLC, corporation, or another structure. Their expertise streamlines the formation process, allowing you to focus on what truly matters – growing your business.
Unmatched Privacy Protection – Northwest is a leader in its unwavering commitment to privacy and asset protection. They go above and beyond by:
- Keeping ownership details confidential
- Providing a business address for official correspondence
- Keeping your personal address off public records
This level of privacy is invaluable for entrepreneurs who want to maintain a low profile and clearly separate their personal and business identities.
Nationwide Expertise You Can Trust With over 20 years of experience, Northwest offers a reliable, comprehensive solution for business formation and registered agent services. Their commitment to transparency, privacy, and exceptional support makes them a trusted partner for entrepreneurs across the country.
That’s why we confidently recommend Northwest Registered Agent to all of our clients. When you’re ready to launch your business with confidence and protection, Northwest has you covered.
Wrapping Up: The Importance of BOIR Reporting for Real Estate Brokers
We cannot stress enough the importance of complying with the law by filing your Beneficial Ownership Information Report. As a Real Estate Broker, it is crucial to follow the regulations set forth by the government to ensure transparency and accountability in your business operations. By filing your BOIR, you not only demonstrate your commitment to upholding legal standards but also contribute to the overall integrity of the real estate industry. Don’t wait any longer – take the necessary steps to file your BOIR today and avoid any potential penalties or repercussions for non-compliance. Click here to File Your Beneficial Ownership Information Report now.
For those who haven’t already incorporated, it is essential to consider the legal benefits of doing so for your Real Estate Broker business. By incorporating, you can shield your personal assets from any liabilities incurred by the business, providing an extra layer of protection in case of unforeseen circumstances. Additionally, incorporating can help maintain your privacy as a business owner, as your identity is separate from that of the company. Take the necessary steps to protect yourself and your business by incorporating today and enjoy the legal advantages that come with it.
Frequently Asked Questions
Have questions about the Beneficial Ownership Filing process? Check out FinCEN BOI Filing's frequently asked questions for the answer.
What is a BOI report?
A Beneficial Ownership Information (BOI) report is a filing required by FinCEN to disclose key details about individuals who own or control a company, ensuring compliance with anti-money laundering laws and enhancing corporate transparency. Filing a BOI takes 5-10 minutes and can be done here.
When does the CTA become effective?
The Corporate Transparency Act (CTA) reporting requirements take effect on January 1, 2024. Business entities established before this date have until January 1, 2025, to meet the reporting obligations.
Are there penalties for not filing a BOI report?
Yes, failing to file a BOI report can result in substantial penalties, including hefty fines and potential legal repercussions. Learn more about the BOI deadlines and non-filing BOI penalties.
How do I file a BOI report?
Filing a BOI takes about 5-10 minutes and can be done here. If you’re not sure if you are required to file, you can take the one minute BOI Eligibility Quiz.
Who is considered a beneficial owner?
A beneficial owner is any individual who either:
- Directly or indirectly exercises substantial control over the reporting company, or
- Directly or indirectly owns or controls 25% or more of the company’s ownership interests.
Substantial control includes the power to direct, influence, or determine significant decisions of the company. This may involve senior officers or individuals with authority to appoint or remove senior officers or a majority of the board.
Ownership interests encompass rights that establish ownership in the company, ranging from basic stock shares to more complex financial instruments.
For more details on “substantial control” and “ownership interests,” refer to our guide on complex ownership structures.
How do BOI reports get submitted to FinCEN?
We submit reports through a secure API connection directly with FinCEN’s Beneficial Ownership Secure System (BOSS). This integration allows for seamless and efficient filing of Beneficial Ownership Information reports, reducing the time it takes to complete and submit a report.
Our user-friendly form is designed to minimize errors by guiding you through the process with clear prompts and checks. Additionally, by using the secure API connection, we ensure that your data remains private and protected throughout the submission process, adhering to the highest security standards.
Who can access the beneficial ownership information?
The beneficial ownership information will be accessible only to authorized government agencies, such as law enforcement and regulatory authorities, for the purpose of combating money laundering, fraud, and other financial crimes.
This data is not publicly available and is used solely for compliance with legal and regulatory requirements. Only those with a legitimate need, as defined by the law, will be able to access this information to ensure transparency and uphold national security.
You can read more about keeping your personal information private when filing your BOIR.
Do I need to file a BOIR annually?
No, you do not need to file a Beneficial Ownership Information Report (BOIR) annually. However, you are required to update and file a new report if there are any changes to the beneficial ownership or company applicant information, such as changes in ownership or control. The report must be filed when there are material updates, but there is no annual filing requirement unless changes occur.
What information is required in a BOI report?
Type of Report
The reporting company must specify the type of report being submitted: an initial report, a correction of a prior report, or an update to a prior report.
Company Information
The reporting company must provide the following details:
- Legal Name: The official name of the company.
- Trade Name: Any “doing business as” (DBA) names used by the company.
- Address: The current street address of its principal place of business. If the principal place of business is outside the U.S., the company must report the address from which it conducts business in the U.S.
- Taxpayer Identification Number (TIN): This includes an EIN, SSN, or ITIN, as appropriate.
Beneficial Owner Information
The reporting company must provide the following details for each beneficial owner:
- Legal Name: The individual’s full legal name.
- Date of Birth: The individual’s date of birth.
- Address: The individual’s residential street address.
- Identification Document: A unique identifying number from an acceptable identification document, the issuing state or jurisdiction, and an image of the document.
Company Applicant Information (if required)
For reporting companies created on or after January 1, 2024, the following information about the company applicant must be provided:
- Address: The individual’s residential street address. If the applicant forms or registers companies as part of their business (e.g., paralegals), the business address can be used. The address does not need to be in the U.S.
- Identification Document: A unique identifying number from an acceptable identification document, the issuing state or jurisdiction, and an image of the document.
Who needs to file a BOI report?
Most businesses are required to file a BOI report, with exceptions for 23 specific categories, such as publicly traded companies and other regulated entities. To learn more about these exemptions and determine if your business needs to file, read this article.
When is the BOI report due?
- Companies formed or registered before January 1, 2024, must file an initial BOI report by January 1, 2025.
- Companies formed or registered in 2024 must file a BOI report within 90 days of receiving actual or public notice of their formation or registration.
- Companies formed or registered on or after January 1, 2025, must file their initial BOI report within 30 days of receiving actual or public notice.
You can learn more about the BOI deadlines here.
What is type of ID is required?
Acceptable identification documents include the following:
- A valid, unexpired driver’s license issued by a U.S. state or territory.
- A valid, unexpired ID card issued by a U.S. state, local government, or Indian Tribe for identification purposes.
- A valid, unexpired passport issued by the U.S. government.
- If none of the above is available, a valid, unexpired passport issued by a foreign government may be used instead.
An identification document must be collected for each beneficial owner.
For companies formed after 2023, an ID must also be provided for the company applicant.
Who is a company applicant?
A company applicant is the individual responsible for creating or registering a company. Specifically, it includes:
- The individual who directly files the document to form or register the entity with the relevant state or tribal authority, such as the Secretary of State.
- The individual primarily responsible for directing or controlling the filing process, even if they are not the one submitting it.
For companies formed or registered after January 1, 2024, this information must be reported as part of the Beneficial Ownership Information Report (BOIR).
Is it necessary to use a certified public accountant (CPA) or other professional to submit a BOI report?
Is a company required to update and correct information that is no longer accurate?
Yes, a company is required to update or correct its beneficial ownership information whenever it is no longer accurate. If there are any changes to the company’s beneficial owners or company applicant information, such as a change in ownership percentages or control, the company must file an updated report with the correct details. This ensures that the information on record remains accurate and compliant with the reporting requirements, helping to maintain transparency and reduce the risk of misuse.
Will I receive a confirmation of submission after submitting the BOIR?
After submitting your BOIR through our website, you will receive an email containing a unique submission process ID, confirming that your submission has been successfully received.
The email will also notify you once FinCEN has accepted your report. In rare instances, if your submission is rejected, we will inform you of the reason and provide a link to resubmit the corrected information.
You can track the status of all your submissions through our BOIR tracking page, ensuring you stay updated on the progress of your report. Most submission have a confirmed acceptance within a few minutes of submission.
