U.S. Appeals Court Reinstates Beneficial Ownership Information Reporting Requirement

Following a significant federal Court of Appeals decision on December 23, 2024, the Financial Crimes Enforcement Network (FinCEN) has once again mandated that reporting companies file Beneficial Ownership Information (BOI). However, recognizing the confusion and delay caused by a recent preliminary injunction, FinCEN has graciously extended the deadline for compliance. . Here's how it breaks down: . Companies Created or Registered Before January 1, 2024: You now have until January 13, 2025 to file your initial beneficial ownership information reports. This is an extension from the original January 1, 2025 deadline. . Companies Created or Registered Between September 4, 2024, and December 23, 2024: If your filing deadline fell between December 3, 2024, and December 23, 2024, you've been granted an extension to January 13, 2025. . Companies Created...

U.S. Appeals Court Reinstates Beneficial Ownership Information Reporting Requirement

In a significant legal development, a U.S. Appeals Court has lifted a temporary block on the enforcement of a key anti-money laundering law, known as the Beneficial Ownership Information (BOI) reporting requirement. This decision ensures that the January 1, 2025, deadline for reporting will proceed as planned. . On Monday, a three-judge panel from the 5th U.S. Circuit Court of Appeals in New Orleans overturned a nationwide injunction set by U.S. District Judge Amos Mazzant in Sherman, Texas. The injunction, issued on December 3, 2024, had halted the enforcement of the Corporate Transparency Act (CTA), following a legal challenge by the National Federation of Independent Business (NFIB) and several small businesses. They argued that the CTA was unconstitutional, but the appeals court disagreed. . The panel, consisting of Judges...

BOI Reporting Deadline Extension Proposed in House Budget Bill

Good news for small businesses: The deadline for filing Beneficial Ownership Information (BOI) reports might be extended by a year. The House of Representatives has proposed a continuing resolution that includes this extension, pushing the deadline from January 1, 2025, to January 1, 2026, for companies formed or registered before January 1, 2024. . This 1,500-page funding bill, aimed at preventing a government shutdown by extending funding through to March 14, 2025, is up for a vote soon. Section 122 of the document specifically addresses this extension, amending the existing law to reflect the new deadline. . AICPA's Role in Advocacy . Melanie Lauridsen, Vice President of Tax Policy & Advocacy at the AICPA, celebrated this move in a LinkedIn post, noting it as a long-fought victory. The AICPA, along with...

To File or Not to File: Navigating Beneficial Ownership Information Reporting after the Texas Injunction

The landscape of compliance with the Beneficial Ownership Information (BOI) Reporting requirement under the Corporate Transparency Act (CTA) has changed dramatically following a recent federal court decision. Here’s what businesses need to know about the current status and next steps. . Background on the Corporate Transparency Act The CTA mandates that certain businesses report detailed information about their beneficial owners, officers, and control persons to the Financial Crimes Enforcement Network (FinCEN). This law, aimed at curbing money laundering, terrorist financing, and tax evasion, was set to see its first major compliance deadline on January 1, 2025. However, the path to enforcement has hit significant roadblocks. . Legal challenges have been mounting, with multiple lawsuits questioning the constitutionality of the CTA. A pivotal moment came when the U.S. District Court for...

Unlocking the Mystery of Taxes on Employer-Issued Non-Qualified Stock Options

Employee stock options remain a potentially valuable asset for employees who receive them. For example, many Silicon Valley millionaires got rich (or semi-rich) from exercising stock options when they worked for start-up companies or fast-growing enterprises. We’ll explain what you need to know about the federal income and employment tax rules for employer-issued nonqualified stock options (NQSOs). Tax planning objectives  You’ll eventually sell shares you acquire by exercising an NQSO, hopefully for a healthy profit. When you do, your tax planning objectives will be to: 1. Have most or all of that profit taxed at lower long-term capital gain rates. 2. Postpone paying taxes for as long as possible. Tax results when acquiring and selling shares NQSOs aren’t subject to any tax-law restrictions, but they also confer no special tax advantages. That...

The Amount You and Your Employees Can Save for Retirement is Going Up Slightly in 2025

How much can you and your employees contribute to your 401(k)s or other retirement plans next year? In Notice 2024-80, the IRS recently announced cost-of-living adjustments that apply to the dollar limitations for retirement plans, as well as other qualified plans, for 2025. With inflation easing, the amounts aren’t increasing as much as in recent years. 401(k) plans The 2025 contribution limit for employees who participate in 401(k) plans will increase to $23,500 (up from $23,000 in 2024). This contribution amount also applies to 403(b) plans, most 457 plans and the federal government’s Thrift Savings Plan. The catch-up contribution limit for employees age 50 or over who participate in 401(k) plans and the other plans mentioned above will remain $7,500 (the same as in 2024). However, under the...

Donating Private Stock? Be Sure to Get a Business Valuation

While many people donate cash or volunteer for their favorite causes, charities also welcome donations of company stock. Stock donations can offer a tax bonus to donors if the shares have appreciated. However, obtaining a business valuation from a “qualified appraiser” is critical to reap the tax benefits from a donation of private stock. Tax benefits If you’re feeling generous this year, you’re not alone. Total charitable giving in the United States is expected to increase by 4.2% in 2024, according to “The Philanthropy Outlook 2024–2025” by the Indiana University Lilly Family School of Philanthropy. This projected growth rate significantly outpaces the annualized average of 1.9% over the past 10 years. Tax breaks may be available for charitable contributions. But only donors who itemize deductions on their 2024...

The Nanny Tax: What Household Employers Need to Know

Hiring household help, whether you employ a nanny, housekeeper or gardener, can significantly ease the burden of childcare and daily chores. However, as a household employer, it’s critical to understand your tax obligations, commonly called the “nanny tax.” If you hire a household employee who isn’t an independent contractor, you may be liable for federal income tax and other taxes (including state tax obligations). If you employ a household worker, you aren’t required to withhold federal income taxes from pay. But you can choose to withhold if the worker requests it. In that case, ask the worker to fill out a Form W-4. However, you may be required to withhold Social Security and Medicare (FICA) taxes and to pay federal unemployment (FUTA) tax. 2024 and 2025 thresholds In...

Help Protect Your Employees' 401(k) Plan Savings from Fraud

Recently, a 401(k) plan participant was defrauded of approximately $740,000 when he fell victim to an elaborate scheme perpetrated by overseas criminals. However, even friends, family members and employers have been discovered stealing from 401(k) accounts, adding up to millions of dollars in losses every year. Here’s what your organization can do to help keep your employees’ retirement savings safe from theft. Assessing existing protections If your organization sponsors a 401(k) plan, assessing plan service providers’ protection systems and policies is essential. Most providers carry cyber fraud insurance that they extend to plan participants. But there may be limits to this protection if, for example, the provider determines that you (the sponsor) or employees (participants) opened the door to a security breach. Your plan’s documents may say that...

From Flights to Meals: A Guide to Business Travel Tax Deductions

As a business owner, you may travel to visit customers, attend conferences, check on vendors and for other purposes. Understanding which travel expenses are tax deductible can significantly affect your bottom line. Properly managing travel costs can help ensure compliance and maximize your tax savings. Your tax home Eligible taxpayers can deduct the ordinary and necessary expenses of business travel when away from their “tax homes.” Ordinary means common and accepted in the industry. Necessary means helpful and appropriate for the business. Expenses aren’t deductible if they’re for personal purposes, lavish or extravagant. That doesn’t mean you can’t fly first class or stay in luxury hotels. But you’ll need to show that expenses were reasonable. Your tax home isn’t necessarily where you maintain your family home. Instead, it...