No, if the company was created in the United States. Under FinCEN's final rule, effective August 14, 2026, all entities created in the United States and their beneficial owners are exempt from beneficial ownership information (BOI) reporting. Companies formed under foreign law that registered to do business in a U.S. state still file, and they have 30 days. Federal Register rule · FinCEN BOI FAQ
At a glance
- The final rule was published in the Federal Register on August 14, 2026 and is effective August 14, 2026.
- It adopts as final, with certain limited changes, the interim final rule of March 26, 2025.
- Entities created in the United States and their beneficial owners are exempt from BOI reporting.
- Entities formed under foreign law and registered to do business in a U.S. state or tribal jurisdiction still report.
Do U.S. LLCs have to file a BOI report with FinCEN now?
No. FinCEN's FAQ page states that all entities created in the United States, including those previously known as "domestic reporting companies," and their beneficial owners are now exempt from the requirement to report beneficial ownership information to FinCEN under the Corporate Transparency Act.
FinCEN's FAQ page also says guidance indicating that U.S. companies or their beneficial owners must report BOI to FinCEN should be disregarded. Articles written before 2025 may still say otherwise.
What did the August 14, 2026 rule change?
The final rule adopts the March 26, 2025 interim final rule with certain limited changes. Per the Federal Register summary:
- Reporting companies do not have to report the BOI of U.S. person beneficial owners, and U.S. person beneficial owners do not have to provide it.
- Reporting companies do not have to submit information about U.S. person company applicants, and those applicants have no obligation to provide it. The interim rule exempted U.S. person beneficial owners only; the final rule extends this to company applicants.
- All U.S. persons are exempt from updating information they already gave FinCEN in connection with obtaining a FinCEN identifier.
| Date | Event |
|---|---|
| January 1, 2024 | The original Reporting Rule takes effect |
| March 26, 2025 | FinCEN issues the interim final rule narrowing the definition of "reporting company" |
| August 14, 2026 | The final rule, adopting the interim final rule, is effective |
Which companies still have to file with FinCEN?
Only a "reporting company," which FinCEN's FAQ page defines as an entity formed under the law of a foreign country that has registered to do business in any U.S. State or tribal jurisdiction by filing a document with a secretary of state or similar office.
| Entity | BOI reporting to FinCEN |
|---|---|
| Created in the United States | Exempt, as are its beneficial owners |
| Formed under foreign law and registered to do business in a U.S. state or tribal jurisdiction | Reporting company |
What is the deadline for a company that still reports?
30 days. A company that became a reporting company after March 26, 2025 files its initial report within 30 days of the earlier of two dates: when it received actual notice that it was registered to do business in the United States, or when a secretary of state or similar office first provided public notice. It updates or corrects its report within 30 days of any change to the information it reported.
The final rule adopts these timing provisions of the interim rule without change. Treasury was not persuaded by commenters, including one who suggested 90 days, that a 30-day filing period is unreasonably short.
Where to compare U.S. LLC costs
This update covers only FinCEN's BOI reporting rule. For state charges, use the 50-state and DC LLC cost table or the LLC cost calculator. State guides founders often start with:
If you live outside the U.S., see the guide for non-U.S. founders and the EIN guide for founders without an SSN. See also the guides for all 50 states and DC.
Frequently Asked Questions
Does my U.S. LLC have to file a BOI report in 2026?
No. FinCEN states that all entities created in the United States, including those previously known as domestic reporting companies, and their beneficial owners are exempt from reporting beneficial ownership information to FinCEN.
Which companies still have to file a BOI report?
Entities formed under the law of a foreign country that registered to do business in a U.S. State or tribal jurisdiction by filing a document with a secretary of state or similar office.
Do reporting companies have to report U.S. persons?
No. Reporting companies do not need to report the beneficial ownership information of U.S. persons, and U.S. persons are exempt from providing it for a reporting company they own.
What is the deadline for a company that still reports?
An entity that became a reporting company after March 26, 2025 files within 30 days of the earlier of actual notice of its registration or the first public notice from a secretary of state or similar office. It updates or corrects its report within 30 days of a change. The final rule adopts these timing provisions without change.
Is the August 14, 2026 rule final?
Yes. It is a final rule, effective August 14, 2026, that adopts as final, with certain limited changes, the interim final rule issued on March 26, 2025.
This dated update is general information, not legal or tax advice. Check FinCEN's current guidance before relying on it for a specific company.