BOI Update
Updated: Jan. 6, 2025 (11:30 a.m. Eastern)
Late on Dec. 26, 2024, the Fifth Circuit Court vacated the motion to stay the injunction. This decision means that FinCEN no longer has the authority to enforce BOI reporting requirements at this time.
For more details, you can review the court’s decision here: Fifth Circuit Opinion
FinCEN updated its website on Dec. 27, 2024, at approximately 3 p.m. eastern that the filing is now voluntary.
In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.
On Dec. 31, 2024, the Department of Justice (DOJ) filed an emergency application with the Supreme Court to stay the district court injunction preventing enforcement of the Corporate Transparency Act.
The injunction remains, and filing is voluntary. The Supreme Court set a deadline of Jan. 10, 2025 at 4 p.m. ET for the plaintiffs in the case to respond to the DOJ request.
Guidance
We advise those assisting clients with BOI filings to:
- Continue gathering the required information from clients.
- Be prepared to file BOI reports if the injunction is lifted again.
2024 Legislative Session
The 60-day Legislative Session began on Tuesday, January 2, 2024. Please see this Session's weekly Legislative Updates below.
- KyCPA 2024 Policy Priorities Booklet
- January 8, 2024, 2024 Legislative Session Begins
- January 16, 2024, KyCPA Policy Priorities
- January 22, 2024, House Republican Majority Introduces Biennial Budget Proposal
- January 30, 2024, CPA Day at the Capitol, January 31, 2024
- February 5, 2024, Kentucky House Passes Biennial Budget, Now Heads to the Senate
- February 12, 2024, Budget Bills, Insurance for BOI Services, and LMRC Updates
- February 20, 2024, CPA Pipeline Initiatives Make Progress in Kentucky
- March 4, 2024, Key Legislation to Watch Entering the Final Weeks of Session
- March 11, 2024, Kentucky Budget, Revenue Transparency, and BOI Reporting Updates
- March 18, 2024, Biennial Budget Proposals and Revenue Package See Key Passage in Both Chambers
- March 25, 2024, Revenue Package Amended in the Senate, Budget Bills Head to Conference
- April 1, 2024, Several Bills Pass the General Assembly and Head to the Governor