Navigating the Corporate Transparency Act: Implications and Congressional considerations

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To catch up with the Corporate Transparency Act, read our introductory blog below:

 

In an effort to combat money laundering, tax fraud, and other illicit activities, the Corporate Transparency Act (CTA) was enacted in 2021 and became effective on January 1st, 2024.

The law aims to enhance transparency in entity structures and ownership by requiring reporting companies to disclose beneficial ownership information. However, since its implementation, the CTA has faced criticism and legal challenges, particularly from accounting professionals and small businesses.

In response to these concerns, Congress is actively considering potential changes to the act to make it more workable for small businesses and their advisors.

Implications of the Corporate Transparency Act

The CTA requires reporting companies, such as corporations and limited liability companies, to file a beneficial ownership information report with the Treasury’s Financial Crimes Enforcement Network (FinCEN).

This report must disclose information about the company’s beneficial owners, individuals with significant control over the company, or who own or control at least 25% of the ownership interests. While the intention behind the act is commendable, its implementation has raised several concerns.

Accounting professionals and small businesses have expressed apprehension about the filing requirements and the burden they place on small businesses and those who assist them.

The American Institute of CPAs and the National Association of Enrolled Agents have voiced their concerns, highlighting the challenges faced by small businesses in complying with the complex regulations. These organizations argue that small businesses often lack the resources and capacity to track and comply with the CTA’s requirements.

Congressional considerations and proposed solutions

Recognizing the concerns raised by accounting professionals and small businesses, Congress is actively considering potential changes to the CTA.

One bill introduced seeks to repeal the act entirely, while others propose modifications to make it more workable for small businesses and their advisors. The attitude towards the CTA is evolving, and stakeholders are hopeful that the concerns raised will lead to improvements in the legislation.

At a congressional hearing, Roger Harris, president of Padgett Business Services, suggested several solutions to address the challenges posed by the CTA. He emphasized the need for FinCEN to collaborate more closely with the Internal Revenue Service (IRS) to educate the tax professional industry and provide joint guidance and examples. This collaboration would help alleviate the burden on small businesses and their advisors by ensuring they have access to the necessary resources and information to comply with the act’s requirements.

Recommendations for improving the BOI reporting requirement: Harris made the following recommendations to Congress for improving the BOI reporting requirement:

• Suspending all enforcement actions until one year after the conclusion of all court cases related to the CTA.
• Making the requirement to update certain information on beneficial owners annually instead of within 30 days of any change,
• Adding a sentence to the BOI certification that allows third-party service providers to rely on the information given by the reporting companies without additional investigation.
• Working more closely with the IRS to better educate the tax professional industry and provide joint guidance and examples.

Congress is also considering the potential repeal of the CTA. While this may seem like a drastic measure, it reflects the growing recognition that modifications may be necessary to strike a balance between transparency and the burden placed on small businesses. Repealing the act would require alternative measures to address the concerns of money laundering, tax fraud, and other illicit activities. However, it would provide an opportunity to reassess the impact of the CTA and develop a more targeted and effective approach.

Evolving attitudes and potential changes to the Corporate Transparency Act

The Corporate Transparency Act was enacted with the noble intention of enhancing transparency in entity structures and ownership. However, its implementation has raised concerns among accounting professionals and small businesses due to the burden it places on them.

The evolving attitude towards the CTA reflects a growing recognition that modifications may be necessary to make it more workable for small businesses and their advisors. By collaborating with the IRS, providing greater clarity on the act’s requirements, and considering alternative measures, Congress can address the concerns raised and strike a balance between transparency and the needs of small businesses.

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