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The Morning Risk Report: Small Businesses Must Report Ownership Information to the Government. But Many Are Unaware of That.

By Mengqi Sun

 

Good morning. A new federal rule now requires more than 32 million small businesses nationwide to file ownership information to a little known agency in the U.S. Treasury Department or face potential penalties. The problem: Many of these businesses don’t know about it.

The Financial Crimes Enforcement Network, the anti-money-laundering bureau of the Treasury Department, says it has been working hard to inform those affected by the new law, spreading the word through social media and asking other government agencies to help. But small-business advocates say more needs to be done.

  • The background: The new filing requirements are mandated by the Corporate Transparency Act, a piece of sweeping bipartisan legislation passed in 2021 that Congress hopes will curtail the use of anonymous shell companies and track the flow of illicit money. The new law became effective on Jan. 1. The law creates a beneficial ownership database and reporting requirements for companies to file ownership information to FinCEN, similar to existing requirements in the U.K. and the European Union.
     
  • The reality: In a National Small Business Association survey of its membership published in November, about 47% of respondents said they had no idea what the Corporate Transparency Act was, while another 25% said they had heard of the law but didn’t know whether they needed to report. Only about 16% said they were aware and did have to report and 12% said they were aware but weren’t required to report.
     
  • Penalties for noncompliance: Not filing ownership information to FinCEN can carry significant criminal and civil penalties, including for companies’ senior executives, according to the agency. Willful failure to comply can also lead to fines of up to $591 a day for each violation.
 

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“As we talk to small businesses, there is a great lack of awareness on this." 

— Todd McCracken, president of National Small Business Association, on the beneficial ownership reporting requirements that became effective on Jan. 1.
 
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The proposed rules were announced by FinCEN, the anti-money-laundering bureau at the Treasury Department. PHOTO: KEVIN LAMARQUE/REUTERS

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An estimated 67.8 million Americans are expected to bet on Sunday’s Super Bowl, a 35% increase from last year. PHOTO: GODOFREDO A. VÁSQUEZ/ASSOCIATED PRESS

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67.8 Million

The estimated number of Americans who are expected to bet on Sunday’s Super Bowl, a 35% increase from last year, according to survey results published Tuesday by the American Gaming Association, a trade group.

 

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About Us

Follow us on X at @WSJRisk. Follow Risk & Compliance editor David Smagalla @DSmagalla_DJ and reporters Mengqi Sun @_MengqiSun, Dylan Tokar @dgtokar and Richard Vanderford @VanderfordRich.

You can reach us by replying to any newsletter, or email David at david.smagalla@wsj.com.

 
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