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PATAX
Level 12
December 10, 2023
Solved

BOI CTA Penalties

  • December 10, 2023
  • 3 replies
  • 48 views

Research your materials and do a Google search on this and you will see difference in opinion. In one location, I read: "the Civil penalty is $500 for each day a violation continues or has not been fixed. Criminal penalties can result in a fine up to $10,000 and imprisonment for up to two years or both." The way I read that, I.E. my opinion, is that the civil penalty is unlimited. In 365 days that would be a civil penalty of $182,500. In another location I read: "Failure to comply with CTA or missing filing deadlines can result in Criminal (fines and/or imprisonment) or civil (monetary) penalties. There is a $500 per day penalty, up to $10,000, and imprisonment of up to two years for the failure to timely file initial or updated reports." The way I read that, I.E. my opinion,  is there is a maximum $10,000 penalty, which is a big difference from the former statement. Here is what I found on the official fincen government website: "The willful failure to report complete or updated beneficial ownership information to FinCEN , or the willful provision of or attempt to provide false or fraudulent beneficial ownership information may result in a civil or criminal penalties, including civil penalties of up to $500 for each day that the violation continues, or criminal penalties including imprisonment for up to two years and/or a fine of up to $10,000." Go on the FINCEN website yourself, just in case of a typo in my typing and so you can reach your own opinion, and research everything yourself in all of your reference materials and on Google, so you can reach your own conclusion . What do you guys think?

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Best answer by Jim-from-Ohio

I am certainly not adverse going beyond and above for my clients.  Been doing that for years and will continue to.  I am just not sure about what to do with the BOI reporting.  The AICPA is recommending that CPAs do not handle this.  The Tax Pro Fellowship also advises against it.  I know it is a bit early to be too concerned about this maybe but just trying to plan ahead. 

3 replies

IRonMaN
Level 15
December 10, 2023

”What do you guys think?”

I think you are getting obsessed with this.  You need to take Heidi for a nice long stroll in the woods to unwind a little.😁

Slava Ukraini!
PATAX
PATAXAuthor
Level 12
December 10, 2023

@IRonMaN it's deer season now. Not a good time to be in the woods where the Whiskey Rebellion took place.😉

PATAX
PATAXAuthor
Level 12
December 10, 2023

@IRonMaN Years ago we were hunting small game down in the heart of where that Rebellion took place. I decided to try to find a more secluded spot where I thought that game would be more plentiful, so I kind of got lost a little bit and separated from the others. And there it was, I stumbled upon an old broken down abandoned dugout/shanty? Close to a little crick. I was probably the first person to see that in decades.

Level 15
December 10, 2023

BOI?  What is that?  🤣

I think the the monetary amounts refer to the civil penalty, and the jail time refers to the criminal penalty.

If you want to read about it, you may want to reduce Googling and look at the law itself in Title 31, §5336.

https://www.law.cornell.edu/uscode/text/31/5336#h

 

BobKamman
Level 15
December 10, 2023

Read the statute, don't read what other people are writing about the statute when trying to dumb it down.  The statute (Title 31, Section 5336) is here:

 https://www.govinfo.gov/content/pkg/USCODE-2022-title31/pdf/USCODE-2022-title31-subtitleIV-chap53-subchapII-sec5336.pdf 

I haven't read it thoroughly, but they seem to make a distinction between nonfilers ($10,000 maximum penalty) and people who don't protect the secrecy of data that is filed ($250,000 or more).  But it's not that clear the civil penalty, not just the criminal penalty, is capped.  See the 9th page:

(3) CRIMINAL AND CIVIL PENALTIES.—
(A) REPORTING VIOLATIONS.—Any person
that violates subparagraph (A) or (B) of
paragraph (1)—
(i) shall be liable to the United States
for a civil penalty of not more than $500
for each day that the violation continues
or has not been remedied; and
(ii) may be fined not more than $10,000,
imprisoned for not more than 2 years, or
both.
(B) UNAUTHORIZED DISCLOSURE OR USE VIOLATIONS.—Any person that violates paragraph (2)—
(i) shall be liable to the United States
for a civil penalty of not more than $500
for each day that the violation continues
or has not been remedied; and
(ii)(I) shall be fined not more than
$250,000, or imprisoned for not more than 5
years, or both; or
(II) while violating another law of the
United States or as part of a pattern of
any illegal activity involving more than
$100,000 in a 12-month period, shall be fined

not more than $500,000, imprisoned for not
more than 10 years, or both.

PATAX
PATAXAuthor
Level 12
December 10, 2023

@BobKamman @TaxGuyBill @IRonMaN Thanks. I think the large amount of potential penalties is a problem for the liability insurance E&O companies, and the third party preparers like attorneys and CPAs, etc.