New Law Targeting Shell Companies Increases Reporting for All Small Businesses

Critics say the new law may pose challenges for smaller businesses, which could find the administrative burden overwhelming.

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Businesses must now submit a range of identification details for "beneficial owners."

In a move to combat money laundering and tax evasion, the federal government has enacted a new law requiring most businesses to report detailed beneficial ownership information. This legislation, part of efforts to peel back the layers of anonymity provided by shell companies, will come into full effect by Jan. 1, 2025.

Critics argue that while the intent behind the law is clear, its implementation may pose challenges for smaller businesses, which could find the administrative burden overwhelming.

“Unfortunately, this will impose burdensome reporting requirements on most businesses, and the willful failure to report information and timely update any changed information can result in significant fines,” the California Autobody Association said in an email to members.
Despite these concerns, federal authorities say the new is necessary for ensuring economic integrity and security.

Under the new regulations, beneficial owners are defined as individuals who either directly or indirectly own more than 25% of an entity or have substantial control over it, regardless of actual ownership stakes. Businesses must now submit a range of identification details for these owners, including legal names, residential addresses, birth dates and a unique identifier number from valid documentation such as a passport, driver license or state ID card. Additionally, entities are required to provide images of these documents for all listed beneficial owners.

The law's primary aim is to provide greater transparency in business operations and ownership, thereby hindering the ability of individuals and groups to use complex corporate structures to evade financial oversight and legal accountability. However, it also introduces significant compliance obligations for businesses.

For more details on the reporting requirements and implications for businesses, visit the Financial Crimes Enforcement Network.

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