Free checker · FinCEN rule checked 6 November 2026
Do I need to file a BOI report?
Almost certainly not, if your company was formed in a US state. FinCEN's final rule, in force since 14 August 2026, permanently exempts every US-formed company. Answer three questions to be sure.
What changed
- 2024: the Corporate Transparency Act required most small US companies to report their owners to FinCEN.
- March 2025: FinCEN's interim rule exempted all companies formed in the US.
- 11 August 2026: FinCEN made that permanent in a final rule, effective 14 August 2026. US companies "are no longer required to file BOI reports."
Who still files
Only a foreign reporting company: an entity formed under another country's law that registered to do business in a US state or tribal jurisdiction. It files within 30 days after its registration takes effect, updates within 30 days of changes, and reports only its non-US owners. It doesn't report US persons at all.
BOI scam letters
Letters and emails that look official still demand BOI filings and "late fees" from US companies. FinCEN never charges to file, and a US-formed company has nothing to file. Don't pay, and don't click links in those messages.
State rules are separate
New York's LLC Transparency Act (from 1 January 2026) covers only LLCs formed abroad that are authorised to do business in New York. Banks also still ask for owner details when you open an account; that's a separate rule.
What your LLC still owes
Your state annual report, a registered agent, and if you live outside the US, Form 5472 each year ($25,000 penalty if missed). Check everything your LLC owes. For non-US owners: BOI for foreign-owned LLCs.
Sources: FinCEN BOI page (alert updated 11 August 2026); Federal Register 2026-16576 (14 August 2026) as summarised by Harbor Compliance (28 August 2026). Read 6 November 2026.