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Treasury may fine small businesses up to $10,000 if they don’t file this report

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Treasury Secretary Janet Yellen following a tour of the Financial Crimes Enforcement Network (FinCEN) in Vienna, Virginia, on Jan. 8, 2024.

Valerie Plesch/Bloomberg via Getty Images

Small businesses and their owners could face penalties of $10,000 or more if they don’t comply with a new U.S. Treasury Department reporting requirement by year’s end — and evidence suggests many haven’t yet complied.

The Corporate Transparency Act, passed in 2021, created the requirement. The law aims to curb illicit finance by asking many businesses operating in the U.S. to report beneficial ownership information to the Treasury’s Financial Crimes Enforcement Network, also known as FinCEN.

Many businesses have a Jan. 1, 2025 deadline to submit an initial BOI report.

This applies to about 32.6 million businesses, including certain corporations, limited liability companies and others, according to federal estimates.

The Treasury Department did not respond to CNBC’s request for comment on the number of BOI reports that had been filed to date.

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The data helps identify the people who directly or indirectly own or control a company, making it “harder for bad actors to hide or benefit from their ill-gotten gains through shell companies or other opaque ownership structures,” according to FinCEN.

“Corporate anonymity enables money laundering, drug trafficking, terrorism and corruption,” Treasury Secretary Janet Yellen said in a January announcement of the BOI portal launch.

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Here’s the kicker: Businesses and owners that don’t file may face civil penalties of up to $591 a day, for each day their violation continues, according to FinCEN. (The sum is adjusted for inflation.) Additionally, they can face up to $10,000 in criminal fines and up to two years in prison.

“To a small business, suddenly you’re staring at a fine that could sink your business,” said Charlie Fitzgerald III, a certified financial planner based in Orlando, Florida, and a founding member of Moisand Fitzgerald Tamayo.

The federal government had received about 9.5 million filings as of Dec. 1, according to statistics FinCEN provided to the office of Rep. French Hill, R-Arkansas, who has called for the repeal the Corporate Transparency Act. Hill’s office shared the data with CNBC.

That figure is about 30% of the estimated total.

FinCEN was receiving a volume of about 1 million new reports per week as of early December, Hill’s office said.

Many businesses may not be aware

Nitat Termmee | Moment | Getty Images

A “beneficial owner” is a person who owns at least 25% of a company’s ownership interests or has “substantial control” of the entity.

Businesses must report information about their beneficial owners, like name, birth date, address and information from an ID such as a driver’s license or passport, in addition to other data.

Companies that existed prior to 2024 must report by Jan. 1, 2025. Those created in 2024 have 90 calendar days to file from their effective date of formation or registration; those created in 2025 or later have 30 days.

Corporate anonymity enables money laundering, drug trafficking, terrorism, and corruption.

Janet Yellen

U.S. Treasury Secretary

There are multiple exceptions to the requirement: For example, those with more than $5 million in gross sales and more than 20 full-time employees may not need to file a report.

Many exempt businesses — like large companies, banks, credit unions, tax-exempt entities and public utilities — already furnish similar data.

Brian Nelson, under secretary for terrorism and financial intelligence for the Treasury Department, said in an interview at the Hudson Institute earlier this year that the agency was “on a full court press” to spread awareness about the BOI registry, which opened Jan. 1, 2024.

But it seems many business owners either aren’t complying with or aware of the requirement, despite outreach efforts.

The scope of national compliance is “bleak,” the S-Corporation Association of America, a business trade group, said in early October.

The “vast majority” of businesses hadn’t yet filed a report, “meaning millions of small business owners and their employees will become de facto felons come that start of 2025,” it said.

Enforcement is up in the air

Bevan Goldswain | E+ | Getty Images

However, the situation isn’t quite that grim, others said.

For one, a federal court in Texas on Dec. 3 temporarily blocked the Treasury Department from enforcing the BOI reporting rules, meaning the agency can’t impose penalties while the court conducts a more thorough review of the rule’s constitutionality.

“Businesses should still be filing their information,” said Erica Hanichak, government affairs director at the Financial Accountability and Corporate Transparency Coalition. “The deadline itself hasn’t changed. It just changes enforcement of the law.”

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The government is expected to appeal, and enforcement “could resume” if the injunction is reversed, wrote attorneys at the law firm Fredrikson.

Additionally, Treasury said it would only impose penalties on a person (or business) who “willfully violates” BOI reporting.

The agency isn’t out for “gotcha enforcement,” Hanichak said.

“FinCEN understands this is a new requirement,” it said in an FAQ. “If you correct a mistake or omission within 90 days of the deadline for the original report, you may avoid being penalized. However, you could face civil and criminal penalties if you disregard your beneficial ownership information reporting obligations.”

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3 red flags to avoid

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South_agency | E+ | Getty Images

‘People don’t know a lot about tariffs’

Tariffs are taxes on goods imported from other countries, paid by the entity importing those goods. Businesses in turn often pass the cost of tariffs along to consumers in the form of higher prices.

In April, U.S. President Donald Trump enacted sweeping tariffs of varying rates affecting more than 180 countries and territories. Last week, the U.S. and China struck a deal to temporarily suspend most tariffs on each other’s goods. The U.S. also recently unveiled a trade agreement with the United Kingdom. 

Despite the recent trade agreements and deals, consumers still face an overall average effective tariff rate of 17.8%, the highest since 1934, according to a recent report by the Yale Budget Lab. 

James Lee, president of the Identity Theft Resource Center, said it’s not unusual for scammers to take a government action — whether that’s a new program or policy — and use it for the basis of a scam.

Scammers “will use the fact that people don’t know a lot about tariffs,” Lee said.

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The PreCrime Labs team at BforeAI, a cybersecurity company, discovered about 300 domain registrations from cybercriminals related to tariffs in the first few months of the year. Some spread misinformation while others are financial scams aimed at businesses and consumers.

One site the company found was a newly registered phishing domain positioned to lead consumers to believe they are required to make payments to a legitimate governmental entity.

“Such payment requests are likely to be spread using email or messaging campaigns with a theme of urgent, pending payments, directing victims to the fraudulent site where their actions will result in financial losses,” researchers noted.

Some package payment requests are real

There are some cases where consumers might legitimately pay for products purchased from another country, namely, customs duties. Sometimes the U.S. Customs and Border Protection will charge consumers a processing fee in order to release an imported good. 

“That’s not common, but it’s also not unusual,” said Lee. “It really does depend on what it is, where it’s coming from.”

Some consumers have also recently reported receiving legitimate payment requests from carrier companies after a purchase in order to receive their shipments, the Washington Post reports.

Some carriers are acting as the importer of record, meaning they are responsible for any duties, taxes and fees that are applied to the delivery, said Bernie Hart, vice president of customs of Flexport, a logistics firm.

If the carrier did not collect those additional fees for the product up front, the carrier will charge the end consumer those additional costs through a follow-up bill, he said.

This tactic might not last, because it creates a lot of inconvenience for both companies and shoppers, Hart said: “It’s not good for anybody in this process to give somebody a surprise bill.”

Tariff scam red flags

It’s easy for anyone to fall victim to a fraud scheme, said Ruth Susswein, director of consumer protection at Consumer Action. 

If tariff policies continue to be in flux for longer, criminals will have more time to craft sophisticated attacks on consumers, said the ITRC’s Lee. 

Your top priority is to avoid sharing personal information like Social Security numbers, bank details or account login credentials, especially under the guise of “tariff processing,” said Payton.

Here are three red flags to watch out for, according to scam experts:

1. Unsolicited and urgent messages

2. Suspicious site links, emails

Scammers will create fake websites, emails and phone numbers to mimic retailers or government agencies, Payton said. If you receive a message, check for misspellings and URLs or email addresses that don’t match that of the supposed company or entity — say, a message from a “U.S. government official” that does not come from a dot-gov email.

You can use tools like WHOIS, a database that stores information about registered domain names and IP addresses, to authenticate the website and confirm registration details, she said.

3. Lack of transparency

Reputable merchants would clearly label tariff-related fees at checkout and provide contact information for inquiries, Payton said. Otherwise, the “lack of transparency is a red flag.”

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What Moody’s downgrade of U.S. credit rating means for your money

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A woman shops at a supermarket on April 30, 2025 in Arlington, Virginia.

Sha Hanting | China News Service | Getty Images

Moody’s decision to downgrade the U.S. credit rating may have consequences for your money, experts say.

The debt downgrade put immediate pressure on bond prices, sending yields higher on Monday morning. The 30-year U.S. bond yield traded above 5% and the 10-year yield topped 4.5%, hitting key levels at a time when the economy is already showing signs of strain from President Donald Trump’s unfolding tariff policy.

Treasury bonds influence rates for a wide range of consumer loans like 30-year fixed mortgages, and to some extent also affect products including auto loans and credit cards.

“It’s really hard to avoid the impact on consumers,” said Brian Rehling, head of global fixed income strategy at Wells Fargo Investment Institute.

Moody’s lowers U.S. credit rating

The major credit rating agency cut the United States’ sovereign credit rating on Friday by one notch to Aa1 from Aaa, the highest possible.

In doing so, it cited the increasing burden of the federal government’s budget deficit. Republicans’ attempts to make President Donald Trump’s 2017 tax cuts permanent as part of the reconciliation package threaten to increase the federal debt by trillions of dollars.

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“When our credit rating goes down, the expectation is that the cost of borrowing will increase,” said Ivory Johnson, a certified financial planner and founder of Delancey Wealth Management in Washington, D.C.

That’s because when “a country represents a bigger credit risk, the creditors will demand to be compensated with higher interest rates,” said Johnson, a member of CNBC’s Financial Advisor council.

‘Downgrades can raise borrowing costs over time’

Americans struggling to keep up with sky-high interest charges aren’t likely to get much relief any time soon amid Moody’s downgrade.

“Economic uncertainty, especially regarding tariff policy, has the Fed — and a lot of businesses — on hold,” said Ted Rossman, a senior industry analyst at Bankrate.

Atlanta Fed President Raphael Bostic said on CNBC’s “Squawk Box” Monday that he now sees only one rate cut this year as the central bank tries to balance inflationary pressures with worries of a potential recession. Federal Reserve Chair Jerome Powell also recently noted that tariffs may slow growth and boost inflation, making it harder to lower the central bank’s benchmark as previously expected

Moody's U.S. downgrade may be politically driven: Standard Chartered

Douglas Boneparth, another CFP and the president of Bone Fide Wealth in New York, agreed that the downgrade could translate to higher interest rates on consumer loans.

“Downgrades can raise borrowing costs over time,” said Boneparth, who is also on CNBC’s FA council.

“Think higher rates on mortgages, credit cards, and personal loans, especially if confidence in U.S. credit weakens further,” he said.

Which consumer loans could see higher rates

Some loans could see more direct impacts because their rates are tied to bond prices.

Since mortgage rates are largely tied to Treasury yields and the economy, “30-year mortgages are going to be most closely correlated, and longer-term rates are already moving higher,” Rehling said.

The average rate for a 30-year, fixed-rate mortgage was 6.92% as of May 16, while the 15-year, fixed-rate is 6.26%, according to Mortgage News Daily. 

Although credit cards and auto loan rates more directly track the federal funds rate, the nation’s financial challenges also play a key role in the Federal Reserve’s stance on interest rates. “The fed funds rate is higher than it would be if the U.S. was in a better fiscal situation,” Rehling said.

Since December 2024, the overnight lending rate has been in a range between 4.25%-4.5%. As a result, the average credit card rate is currently 20.12%, down only slightly from a record 20.79% set last summer, according to Ted Rossman, a senior industry analyst at Bankrate. 

Credit card rates tend to mirror Fed actions, so “higher for longer” would keep the average credit card rate around 20% through the rest of the year, Rossman said.

‘We’ve been through this before’

Before its downgrade, Moody’s was the last of the major credit rating agencies to have the U.S. at the highest possible rating.

Standard & Poor’s downgraded the nation’s credit rating in August 2011, and Fitch Ratings cut it in August 2023. “We’ve been through this before,” Rehling said.

Still, the move highlights the country’s fiscal challenges, Rehling said: “The U.S. still maintains its dominance as the safe haven economy of the world, but it puts some chinks in the armor.”

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Trade tensions spur consumers to spend less on discretionary purchases

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A customer shops in an American Eagle store on April 4, 2025 in Miami, Florida. 

Joe Raedle | Getty Images

After a bout of panic buying, more consumers are prepared to rein in their spending and live with less, recent studies show. Even President Donald Trump suggested that Americans should be comfortable with fewer things.

“[Americans] don’t need to have 250 pencils,” Trump said on NBC News’ “Meet the Press.” “They can have five.”

According to a study by Intuit Credit Karma, 83% of consumers said that if their financial situation worsens in the coming months, they will strongly consider cutting back on their non-essential purchases.

Over half of adults, or 54%, said they’ll spend less on travel, dining or live entertainment this year, compared to last year, a new report by Bankrate also found. The site polled nearly 2,500 people in April.

“Moving forward, people may not be able to absorb these higher prices,” said Ted Rossman, Bankrate’s senior industry analyst. “It sort of feels like something has to give.”

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Economy is ‘at a pivot point’

While many Americans are concerned about the effect of on-again, off-again tariff policies, few have changed their spending habits yet. Up until now, that is what has helped the U.S. avoid a recession.

Because it represents a significant portion of Gross Domestic Product and fuels economic growth, consumer spending is considered the backbone of the economy.

“Consumers are still spending despite widespread pessimism fueled by rising tariffs,” said Jack Kleinhenz, chief economist of the National Retail Federation. “While tariffs may have weighed on spending decisions, growth is coming at a moderate pace and consumer spending remains steady, reflecting a resilient economy.”

However, now the economy is “at a pivot point,” according to Kleinhenz.

“Hiring, unemployment, spending and inflation data continue in the right direction, but at a slower pace,” Kleinhenz said in a recent statement. “Everyone is worried, and a lot of people have recession on their minds.”

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Trump’s tariffs jump started a wave of declining sentiment, which plays a big part in determining how much consumers are willing to spend.

“Any time there is this much uncertainty, people tend to get a little more cautious,” said Matt Schulz, chief credit analyst at LendingTree. 

The Conference Boards’ expectations index, which measures consumers’ short-term outlook, plunged to its lowest level since 2011. The University of Michigan’s consumer survey also showed sentiment sank to the lowest reading since June 2022 and the second lowest in the survey’s history going back to 1952.

“The cumulative effects of inflation and high interest rates have been straining households, contributing to record levels of credit card debt and causing consumer sentiment to plummet,” Rossman said.

Tack on the Trump administration’s resumption of collection efforts on defaulted federal student loans and many Americans, who are already under pressure, will suddenly have less money in their pockets.

As it stands, roughly half — 47% — of U.S. adults would not consider themselves financially prepared for a sudden job loss or lack of income, according to recent data from TD Bank’s financial preparedness report, which polled more than 5,000 people earlier this year.

Another 44% of Americans said they think about their financial preparedness every single day.

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