Connect with us

Accounting

New Corporate Transparency Act beneficial ownership information FAQs clarify reporting requirements, database access

Published

on

The landscape of Corporate Transparency Act beneficial ownership information reporting continues to evolve, and accountants and others who advise their small business clients need to stay ahead of the curve. 

FinCEN’s April 18, 2024, update to the BOI FAQs offers crucial insights from the Treasury Department’s Financial Crimes Enforcement Network, impacting everything from homeowner association filing requirements to clarifying that S corporations are considered “corporations” for reporting company purposes and the timeline for accessing the BOI database.

The new FAQs reiterate the potential consequences of neglecting BOI reporting obligations. Civil penalties — which are annually adjusted for inflation — can reach up to $591 per day, while criminal penalties include imprisonment and hefty fines.

What about the NSBA ruling?

Yes, for the time being BOI reporting is suspended for the 60,000 or so National Small Business Association members. In case you missed it, the NSBA won a summary judgment in March of 2024, preventing the Corporate Transparency Act’s BOI reporting requirements from being enforced upon its roughly 60,000 members while the ruling goes through the appeals process. 

However, FinCEN has said it will continue implementing the Corporate Transparency Act and BOI requirements as required by Congress while complying with the court order. Even after the NSBA ruling, roughly 33 million entities currently fall under FinCEN’s purview, in addition to the 5 million new entities expected to be added in 2024 and each year through 2034. Many legal experts believe that the government will prevail in the courts and the constitutionality of the CTA will be upheld.

HOAs on notice: Reporting likely required

While the answer to the question, “Are homeowners associations considered reporting companies and required to file BOI reports?” is still “It depends,” the April 18 update has helped clarify the path to yes or no. 

According to the update, most HOAs incorporated or created by filing a document with a secretary of state or similar office may fall under the definition of “reporting companies” and, therefore, must report BOI information. 

Exemptions are limited and specific. According to the new FAQ, only unincorporated HOAs or those designated as social welfare organizations under IRC 501(c)(4) may be exempt.

With the Jan. 1, 2025 deadline for pre-2024 associations looming, it’s time for action. Homeowners associations formed in 2024 must take particular note since, unlike their pre-2024 colleagues, they only have 90 days from their formation date to file. 

To avoid year-end congestion and stress, many advisors are encouraging their pre-2024 business clients to file their initial BOI reports early, ideally in the next few months.

S corps aren’t exempt based on structure type

Under this update, the FAQs clarify that any S corporation that qualifies as a reporting company — and is not otherwise exempt from reporting — must comply with BOI reporting requirements. The S corp pass-through structure for tax purposes does not affect reporting obligations or make it a “tax-exempt entity” under FinCEN BOI reporting regulations.

Entities losing their exempt status in 2024 get a glimpse of relief

The new FAQs include some breathing room for certain companies that lose their exempt status between now and Jan. 1, 2025. 

Companies created before Jan. 1, 2024, that lose their exempt status during 2024 have an extended deadline to file their initial BOI report: Jan. 1, 2025, or 30 calendar days after losing their exempt status, whichever is later.

The FAQs provide this example: If an existing reporting company ceases to be exempt on Feb. 1, 2024, it will have until Jan. 1, 2025, to file its initial BOI report. If it ceases to be exempt on Dec. 15, 2024, it will have until Jan. 14, 2025, to file its initial BOI report.

BOI database: Who gets access and when?

The wait for accessing the BOI database continues for some stakeholders. FinCEN plans a phased approach throughout 2024 and into 2025. Here’s a breakdown of the expected phases and who is expected to get access:

  • Phase 1: Spring 2024. A “handful” of federal agency users kick-start access since Phase 1 is a pilot program.
  • Phase 2: Summer 2024. Treasury offices and other federal agencies involved in law enforcement and national security who already have memoranda of understanding for access to Bank Secrecy Act information are allowed in.
  • Phase 3: Fall 2024. The net widens to additional federal agencies engaged in law enforcement, national security, and intelligence activities, as well as state, local and tribal law enforcement partners.
  • Phase 4: Winter 2024. Intermediary federal agencies involved in processing foreign government requests get access.
  • Spring 2025. Financial institutions get access, subject to customer due diligence requirements under applicable law.

Currently, no other governmental entity, organization, business or individual has access to the BOI database, despite our being almost four months into populating the database.

A word on the IRS and BOI access

While not mentioned in the new FAQs — or elsewhere — as part of the U.S. Treasury Department, it’s not unlikely that the IRS could be granted access to BOI information, especially during criminal investigations. 

Expect additional guidance from the Treasury regarding under what circumstances and to what extent FinCEN would grant the IRS access to BOI information.

New FAQs provide some clarity, but expect more guidance

While the new FAQs answer some important questions, many lingering concerns remain. One ongoing issue the new FAQs don’t address is the critical need to educate the tens of millions of entities obligated to report under the Corporate Transparency Act. 

As to the NSBA and other cases challenging the constitutionality of the CTA, many experts believe one of two outcomes will occur: The courts will ultimately find the CTA constitutional, or Congress will amend the law to eliminate the issues that could lead to a finding that it is unconstitutional.

As we carefully watch the journey these cases take through the court system, we can expect continuing FinCEN guidance through the balance of the year and beyond.

Continue Reading

Accounting

XcelLabs launches to help accountants use AI

Published

on

Jody Padar, an author and speaker known as “The Radical CPA,” and Katie Tolin, a growth strategist for CPAs, together launched a training and technology platform called XcelLabs.

XcelLabs provides solutions to help accountants use artificial technology fluently and strategically. The Pennsylvania Institute of CPAs and CPA Crossings joined with Padar and Tolin as strategic partners and investors.

“To reinvent the profession, we must start by training the professional who can then transform their firms,” Padar said in a statement. “By equipping people with data and insights that help them see things differently, they can provide better advice to their clients and firm.”

Padar-Jody- new 2019

Jody Padar

The platform includes XcelLabs Academy, a series of educational online courses on the basics of AI, being a better advisor, leadership and practice management; Navi, a proprietary tool that uses AI to help accountants turn unstructured data like emails, phone calls and meetings into insights; and training and consulting services. These offerings are currently in beta testing.

“Accountants know they need to be more advisory, but not everyone can figure out how to do it,” Tolin said in a statement. “Couple that with the fact that AI will be doing a lot of the lower-level work accountants do today, and we need to create that next level advisor now. By showing accountants how to unlock patterns in their actions and turn client conversations into emotionally intelligent advice, we can create the accounting professional of the future.”

Tolin-Katie-CPA Growth Guides

Katie Tolin

“AI is transforming how CPAs work, and XcelLabs is focused on helping the profession evolve with it,” PICPA CEO Jennifer Cryder said in a statement. “At PICPA, we’re proud to support a mission that aligns so closely with ours: empowering firms to use AI not just for efficiency, but to drive growth, value and long-term relevance.”

Continue Reading

Accounting

Accounting is changing, and the world can’t wait until 2026

Published

on

The accountant the world urgently needs has evolved far beyond the traditional role we recognized just a few years ago. 

The transformation of the accounting profession is not merely an anticipated change; it is a pressing reality that is currently shaping business decisions, academic programs and the expected contributions of professionals. Yet, in many areas, accounting education stubbornly clings to outdated, overly technical models that fail to connect with the actual demands of the market. We must confront a critical question: If we continue to train accountants solely to file tax reports, are we truly equipping them for the challenges of today’s world? 

This shift in mindset extends beyond individual countries or educational systems; it is a global movement. The recent announcement of the CIMA/CGMA 2026 syllabus has made it unmistakably clear: merely knowing how to post journal entries is insufficient. Today’s accountants are required to interpret the landscape, anticipate risks and act with strategic awareness. Critical thinking, sustainable finance, technology and human behavior are not just supplementary topics; they are essential components in the education of any professional seeking to remain relevant. 

The CIMA/CGMA proposal for 2026 is not just a curriculum update; it is a powerful manifesto. This new program positions analytical thinking, strategic business partnering and technology application at the core of accounting education. It unequivocally highlights sustainability, aligning with IFRS S1 and S2, and expands the accountant’s responsibilities beyond mere numbers to encompass conscious leadership, environmental impact and corporate governance. 

The current changes in the accounting profession underscore an urgent shift in expectations from both educators and employers. Today, companies of all sizes and industries demand accountants who can do far more than interpret balance sheets. They expect professionals who grasp the deeper context behind the numbers, identify inconsistencies, anticipate potential issues before they escalate into losses, and act decisively as a bridge between data and decision making. 

To meet these expectations, a radical mindset shift is essential. There are firms still operating on autopilot, mindlessly repeating tasks with minimal critical analysis. Likewise, many academic programs continue to treat accounting as purely a technical discipline, disregarding the vital elements of reflection, strategy and behavioral insight. This outdated approach creates a significant mismatch. While the world forges ahead, parts of the accounting profession remain stuck in the past. 

The consequences of this shift are already becoming evident. The demand for compliance, transparency and sustainability now applies not only to large corporations but also to small and mid-sized businesses. Many of these organizations rely on professionals ill-equipped to drive the necessary changes, putting both business performance and the reputation of the profession at risk. 

The positive news is that accountants who are ready to thrive in this new era do not necessarily need additional degrees. What they truly need is a commitment to awareness, a dedication to continuous learning, and the courage to step beyond their comfort zones. The future of accounting is here, and it is firmly rooted in analytical, strategic and human-oriented perspectives. The 2026 curriculum is a clear indication of the changes underway. Those who fail to think critically and holistically will be left behind. 

In contrast, accountants who see the big picture, understand the ripple effects of their decisions, and actively contribute to the financial and ethical health of organizations will undeniably remain indispensable, anywhere in the world.

Continue Reading

Accounting

Republicans push Musk aside as Trump tax bill barrels forward

Published

on

Congressional Republicans are siding with Donald Trump in the messy divorce between the president and Elon Musk, an optimistic sign for eventual passage of a tax cut bill at the root of the two billionaires’ public feud.

Lawmakers are largely taking their cues from Trump and sticking by the $3 trillion bill at the center of the White House’s economic agenda. Musk, the biggest political donor of the 2024 cycle, has threatened to help primary anyone who votes for the legislation, but lawmakers are betting that staying in the president’s good graces is the safer path to political survival.

“The tax bill is not in jeopardy. We are going to deliver on that,” House Speaker Mike Johnson told reporters on Friday.

“I’ll tell you what — do not doubt, don’t second guess and do not challenge the President of the United States Donald Trump,” he added. “He is the leader of the party. He’s the most consequential political figure of our time.”

A fight between Trump and Musk exploded into public view this week. The sparring started with the tech titan calling the president’s tax bill a “disgusting abomination,” but quickly escalated to more personal attacks and Trump threatening to cancel all federal contracts and subsidies to Musk’s companies, such as Tesla Inc. and SpaceX which have benefitted from government ties.

Republicans on Capitol Hill, who had —  until recently — publicly embraced Musk, said they weren’t swayed by the billionaire’s criticism that the bill cost too much. Lawmakers have refuted official estimates of the package, saying that the tax cuts for households, small businesses and politically important groups — including hospitality and hourly workers — will generate enough economic growth to offset the price tag.

“I don’t tell my friend Elon, I don’t argue with him about how to build rockets, and I wish he wouldn’t argue with me about how to craft legislation and pass it,” Johnson told CNBC earlier Friday.

House Budget Committee Chair Jodey Arrington told reporters that House lawmakers are focused on working with the Senate as it revises the bill to make sure the legislation has the political support in both chambers to make it to Trump’s desk for his signature. 

“We move past the drama and we get the substance of what is needed to make the modest improvements that can be made,” he said.

House fiscal hawks said that they hadn’t changed their prior positions on the legislation based on Musk’s statements. They also said they agree with GOP leaders that there will be other chances to make further spending cuts outside the tax bill. 

Representative Tom McClintock, a fiscal conservative, said “the bill will pass because it has to pass,” adding that both Musk and Trump needed to calm down. “They both need to take a nap,” he said.

Even some of the House bill’s most vociferous critics appeared resigned to its passage. Kentucky Representative Thomas Massie, who voted against the House version, predicted that despite Musk’s objections, the Senate will make only small changes.

“The speaker is right about one thing. This barely passed the House. If they muck with it too much in the Senate, it may not pass the House again,” he said.

Trump is pressuring lawmakers to move at breakneck speed to pass the tax-cut bill, demanding they vote on the bill before the July 4 holiday. The president has been quick to blast critics of the bill — including calling Senator Rand Paul “crazy” for objecting to the inclusion of a debt ceiling increase in the package.

As the legislation worked its way through the House last month, Trump took to social media to criticize holdouts and invited undecided members to the White House to compel them to support the package. It passed by one vote.

Senate Majority Leader John Thune — who is planning to unveil his chamber’s version of the bill as soon as next week — said his timeline is unmoved by Musk. 

“We are already pretty far down the trail,” he said.

Continue Reading

Trending