First, you only must file an initial report once. There are no annual reporting requirements. Filing deadlines vary based on when a company was created or registered with the relevant secretary of state.
Before Jan. 1, 2024, => Deadline of Jan. 1, 2025
Between Jan. 1, 2024, and Jan. 1, 2025, => You have 90 calendar days after receiving notice of the company’s creation or registration to file.
On or after Jan. 1, 2025, => Deadline is 30 calendar days from the company’s creation or registration.
While there is no annual filing requirement, filing updates are necessary within 30 days of any changes. Ownership activity subject to change reporting includes registering a new business name, a change in beneficial owners, or a beneficial owner’s name, address, or unique identifying number previously provided.
What Do You Need to Report?
Beneficial ownership reporting must identify the following data.
At the company level, it must report:
Company name, both legal and trade (if applicable)
Company physical address (no post office boxes)
Jurisdiction of formation or registration
Taxpayer Identification Number
For each beneficial owner, the following must be reported:
Name
Date of birth
Address
Driver’s license, passport, or other acceptable identification
Depending on the situation, there also may be reporting requirements about the company applicant. This is generally a person involved in the creation or registration of the company. The same four pieces of data as for a beneficial owner would need to be provided.
As a general rule, a beneficial owner is someone who controls the company or owns 25 percent or more.
No financial information or details about the business operations are required.
How and Where to File
You have the option to file online or via PDF. Filing online can be done through the Beneficial Ownership Information (BOI) E-Filing System on the FinCEN site.
There is no cost to file.
Conclusion and Cautions
While the reporting is simple, the requirements should not be taken lightly. Failure to report could result in civil penalties of up to $500 per day and criminal charges of up to two years imprisonment and a fine of up to $10,000.
The message is this: Don’t wait – and don’t forget to file!
Powell CPA PLLC
U.S. Beneficial Ownership Information Reporting Begins
March 1, 2024 · Blog, Tax and Financial News
⏱ 4 min read
The U.S. Treasury recently enacted a new reporting requirement aimed at quashing illicit financial transactions. The agency believes that corporate anonymity is enabling money laundering, terrorism, and drug trafficking. As part of the 2021 Corporate Transparency Act (CTA), certain companies are now required to report information about their beneficial owners. The goal of the new registration requirements is to create a centralized database of beneficial ownership information.
There has been push-back from some lawmakers and small business organizations, citing this as an erroneous regulatory process that just makes life harder for small businesses. Efforts to carve out exceptions or delay the implementation failed. As a result, the Treasury Department officially opened beneficial ownership information reporting on Jan. 1, 2024.
Who is Subject to Reporting?
Generally, a company may need to report beneficial ownership information if it is a corporation, LLC, or other business entity created by the filing with a U.S. secretary of state or a foreign company registered to do business in the United States. Reporting requirements for trusts and other entity types are more dependent on state law.
At first glance, the rules make it look like all businesses are subject to reporting. There are exemptions, however, including nonprofits, publicly traded companies, and certain large operating companies. The FinCEN’s Compliance Guide provides an exemption qualification checklist.
Reporting Timelines and Requirements
First, you only must file an initial report once. There are no annual reporting requirements. Filing deadlines vary based on when a company was created or registered with the relevant secretary of state.
Before Jan. 1, 2024, => Deadline of Jan. 1, 2025
Between Jan. 1, 2024, and Jan. 1, 2025, => You have 90 calendar days after receiving notice of the company’s creation or registration to file.
On or after Jan. 1, 2025, => Deadline is 30 calendar days from the company’s creation or registration.
While there is no annual filing requirement, filing updates are necessary within 30 days of any changes. Ownership activity subject to change reporting includes registering a new business name, a change in beneficial owners, or a beneficial owner’s name, address, or unique identifying number previously provided.
What Do You Need to Report?
Beneficial ownership reporting must identify the following data.
At the company level, it must report:
Company name, both legal and trade (if applicable)
Company physical address (no post office boxes)
Jurisdiction of formation or registration
Taxpayer Identification Number
For each beneficial owner, the following must be reported:
Name
Date of birth
Address
Driver’s license, passport, or other acceptable identification
Depending on the situation, there also may be reporting requirements about the company applicant. This is generally a person involved in the creation or registration of the company. The same four pieces of data as for a beneficial owner would need to be provided.
As a general rule, a beneficial owner is someone who controls the company or owns 25 percent or more.
No financial information or details about the business operations are required.
How and Where to File
You have the option to file online or via PDF. Filing online can be done through the Beneficial Ownership Information (BOI) E-Filing System on the FinCEN site.
There is no cost to file.
Conclusion and Cautions
While the reporting is simple, the requirements should not be taken lightly. Failure to report could result in civil penalties of up to $500 per day and criminal charges of up to two years imprisonment and a fine of up to $10,000.
The message is this: Don’t wait – and don’t forget to file!
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Travel to high-cost locations is $309 ($297 prior year)
Travel to other locations is $214 ($204 prior year)
Incidental expense stay is the same at $5 per day, regardless of location
*Taxpayers in the transportation industry are subject to special rates
Powell CPA PLLC
New Business Travel Per Diem Rates Announced for 2023-2024
November 1, 2023 · Blog, Tax and Financial News
⏱ 3 min read
New per diem rates were recently announced by the IRS and are effective for per diem allowances on or after Oct. 1, 2023. These updated rates include changes for the transportation industry, incidental expenses as well as the high-low substantiation method. Before we dive into the detailed changes impacting per diem rates, let’s revisit the concept of the per diem in general.
To Per Diem or Not to Per Diem
There are two basic ways that employees can be reimbursed for business travel expenses. The first is a direct reimbursement of the actual expenses. The second is the per diem method.
Direct actual expense reimbursement is exactly what it sounds like. For example, a sales employee pays for a plane ticket and meals during a customer visit and then submits an expense report with the receipts as backup. Typically, a company will have a travel and expense policy that limits the expenses allowed – no Michelin star restaurants or first-class flights, for example. Other than this, direct expense reimbursement is simple and straightforward.
The second expense reimbursement method is called the per diem method. The per diem method is basically a pre-package policy of controls for both spending and tax purposes.
Fundamentals of Per Diems
Per diem is Latin for the term for each day. In practice, it is a daily allowance granted to each employee. It covers travel and related business expenses, allowing a fixed amount to cover business travel expenses.
Per diem policies can cover only three types of expenses: lodging, meals, and incidentals (anything else must be directly reimbursed). A per diem policy does not need to cover all three, however. An employer can use the per diem only for meals, for example, and deal with lodging under the direct actual expense reimbursement method. Also, the per diem method cannot cover transportation expenses or mileage reimbursement.
Taxation of Per Diems
Per diems are generally not taxable, and no withholding tax on the payments is necessary. The exception to this is if an employee does not provide or provides incomplete expense report information – or if you give the employee a flat amount that is in excess of the maximum allowance (with the excess being taxable).
Two Types of Per Diems
Per diem rates can be determined in one of two ways: either the standard rate or using the high-low method.
The standard rate is a fixed rate, whereas the high-low method is based on the cost of living being higher or lower in different locales. Under the high-low method, for example, Boston gets a higher reimbursement than Des Moines to account for this.
2023-2024 Rate Updates
The IRS updates the per diem rates every year. The 2023-2024 rates took effect Oct.1, 2023. They are as follows:*
Travel to high-cost locations is $309 ($297 prior year)
Travel to other locations is $214 ($204 prior year)
Incidental expense stay is the same at $5 per day, regardless of location
*Taxpayers in the transportation industry are subject to special rates
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Why the shift to (mostly) eliminating surprise visits from IRS Revenue Officers? Safety is cited as the main concern. Unannounced visits to taxpayers, whether at home or their business, can be risky. Historically, IRS Revenue Officers faced contentious and sometimes dangerous conditions during their unannounced visits.
Taxpayer Confusion
There is also a growing number of scam artists pretending to be IRS agents or officers. As a result, taxpayers are increasingly wary of unannounced visits, and this causes confusion for both the taxpayer and law enforcement.
The difficulty in distinguishing between IRS representatives and fakes has caused concern for taxpayers already on guard for scam artists. The IRS believes that maintaining trust among the public will go a long way to maintaining the legitimacy of the organization.
Appointment Letters In Lieu of Visits
In place of these previously unannounced visits, the IRS will contact taxpayers through a 725-B letter, more colloquially known as an appointment letter.
An appointment letter will facilitate scheduling in-person meetings, with the opportunity for the taxpayer to prepare any information and documentation beforehand, allowing for quicker resolution of cases. These meetings occur at a pre-determined time, date, and place.
Limited Visits Will Still Occur
The policy change does not completely eliminate unannounced visits by the IRS. In “extremely limited situations,” such as serving summonses and subpoenas and the seizure of assets, unannounced visits will still occur. To give some perspective, these types of visits will account for only a few hundred per year compared to the tens of thousands of unannounced visits under the old policy.
Conclusion
Unannounced IRS visits are (almost) a thing of the past. They will be carried out only in rare, necessary cases, with most Revenue Officer visits being pre-scheduled. This should ease taxpayer anxiety and make case resolution more efficient.
Powell CPA PLLC
IRS Announces End of Unannounced Taxpayer Visits (Mostly)
September 1, 2023 · Blog, Tax and Financial News
⏱ 3 min read
You wake up in the middle of the night. Heart racing, drenched in sweat, and breathing heavily. Thankfully, it was just a nightmare when the IRS showed up at your doorstep unannounced. Recently, however, this was the reality for some taxpayers – and not just a bad dream. The IRS just publicized a significant shift in policy, effectively ending the vast majority of surprise taxpayer visits. The change comes in an effort to create safer conditions for IRS officers as well as ease public concerns.
Who’s Knocking at My Door?
In order to understand the change in policy, you’ll need to understand the three categories of IRS employees that typically interact with taxpayers: Revenue Officers, Revenue Agents, and Special Agents.
IRS Revenue Agents are tax return auditors. They don’t typically show up unannounced.
IRS Revenue Officers, of which there are approximately 2,300, have duties that include paying visits to taxpayers to collect back taxes and tax returns not filed. They are not auditors but instead focus on collection efforts, including issuing liens and levies. Revenue Officers are the main category of IRS employees impacted by the policy change.
Special Agents deal with criminal matters and are part of one of the largest law enforcement agencies in the United States. The change in policy does not impact Special Agents.
Safety
Why the shift to (mostly) eliminating surprise visits from IRS Revenue Officers? Safety is cited as the main concern. Unannounced visits to taxpayers, whether at home or their business, can be risky. Historically, IRS Revenue Officers faced contentious and sometimes dangerous conditions during their unannounced visits.
Taxpayer Confusion
There is also a growing number of scam artists pretending to be IRS agents or officers. As a result, taxpayers are increasingly wary of unannounced visits, and this causes confusion for both the taxpayer and law enforcement.
The difficulty in distinguishing between IRS representatives and fakes has caused concern for taxpayers already on guard for scam artists. The IRS believes that maintaining trust among the public will go a long way to maintaining the legitimacy of the organization.
Appointment Letters In Lieu of Visits
In place of these previously unannounced visits, the IRS will contact taxpayers through a 725-B letter, more colloquially known as an appointment letter.
An appointment letter will facilitate scheduling in-person meetings, with the opportunity for the taxpayer to prepare any information and documentation beforehand, allowing for quicker resolution of cases. These meetings occur at a pre-determined time, date, and place.
Limited Visits Will Still Occur
The policy change does not completely eliminate unannounced visits by the IRS. In “extremely limited situations,” such as serving summonses and subpoenas and the seizure of assets, unannounced visits will still occur. To give some perspective, these types of visits will account for only a few hundred per year compared to the tens of thousands of unannounced visits under the old policy.
Conclusion
Unannounced IRS visits are (almost) a thing of the past. They will be carried out only in rare, necessary cases, with most Revenue Officer visits being pre-scheduled. This should ease taxpayer anxiety and make case resolution more efficient.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.