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The business must have been created on or after January 1, 2024 to be eligible for BOI reporting.
Got to this FinCen website for detailed information on which type of business entity must report BOI - https://www.fincen.gov/beneficial-ownership-information-reporting-rule-fact-sheet
Thank you for responding! Our business was created before Jan of 2024 and I read the article you attached. I can't seem to find a list of exact entities.
If we have a DBA, does that mean our business is not an entity?
I am new to this lingo. Forgive me if this is silly to ask!
Whether or not a business is required to file a BOI with FinCen is beyond the what this forum would normally be used to support.
In saying that, based on the information available and in my opinion only, if your business submitted paperwork to the state where the business is located to become a corporation or partnership then you would be required to submit a BOI.
As stated in the FinCen link provided -
A domestic reporting company is a corporation, limited liability company (LLC), or any entity created by the filing of a document with a secretary of state or any similar office under the law of a state or Indian tribe.
And -
Under the rule, a beneficial owner includes any individual who, directly or indirectly, either (1) exercises substantial control over a reporting company, or (2) owns or controls at least 25 percent of the ownership interests of a reporting company. The rule defines the terms “substantial control” and “ownership interest".
But since you have indicated that your business was incorporated prior to 01/01/2024 there is no requirement for you to provide a BOI.
I appreciate you giving me your opinion even though this is outside of your support!
My business is not a corporation or an LLC but is a QJV and we registered our business name with our state to be a DBA. Is that "filing documents"? And is a DBA considered an entity?
If these are not questions that you can answer, do you know who I can turn to?
We do our taxes with the Turbo tax self employed program so we do not have an actual tax advisor. I am not overly concerned but am trying to avoid fines if I am supposed to file.
Thank you!
@bethgirouxmassage If you formed a QJV with your spouse then you are sole proprietors and as such you each would be filing a Schedule C. A sole proprietor would not be required to file a BOI.
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