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BOI Filing with FinCEN — Do You Still Need to File in 2026?

The rules changed completely. US-formed LLCs and corporations are now exempt from Beneficial Ownership Information (BOI) filing — even when 100% foreign-owned. Only foreign-formed companies registered to do business in the US must still file. Extreme Filer gives you a free, honest status check first — and if you do need to file, we prepare and file your BOI report with FinCEN correctly and on time.

✓ Updated for FinCEN's August 2026 Final Rule ✓ No Fee If You're Exempt — We Tell You Honestly ✓ Foreign Company Filing Handled End to End

⚡ The short answer — read this before paying anyone for BOI filing

Formed your company in a US state (Wyoming, Delaware, Florida, Texas — any state)? You do not need to file BOI, update BOI, or correct an old BOI report. That has been true since FinCEN's interim final rule of March 26, 2025, and FinCEN's final rule effective August 14, 2026 made it permanent. Any service still charging US LLC owners for a mandatory BOI filing is selling you an outdated obligation. Formed your company outside the US and registered it in a US state? You likely do still need to file — read on, or message us for a free check.

What Is BOI?

Beneficial Ownership Information, explained simply

BOI (Beneficial Ownership Information) is a report filed with FinCEN — the Financial Crimes Enforcement Network, part of the US Department of the Treasury. It tells the government who really owns and controls a company. It was created by the Corporate Transparency Act (CTA), which took effect on January 1, 2024, to make anonymous shell companies harder to use for money laundering and other financial crime.

Three things people constantly get wrong about BOI:

  • It is not a tax return and it is not filed with the IRS — it goes to FinCEN through the BOI E-Filing System.
  • It is not public. BOI is held in FinCEN's secure, non-public database, accessible only to authorised law-enforcement and national-security agencies, and to financial institutions for customer due diligence with the company's consent.
  • FinCEN charges no filing fee. Anyone who files pays for preparation help only — never a government fee for the report itself.

Originally, almost every US LLC and corporation had to file. After a year of court challenges, FinCEN rewrote the definition of "reporting company" in 2025 — and that rewrite is what this page is built on.

Who Must File — 2026 Rules

Exempt vs. must file: check your company type

Under the current rule, "reporting company" means only an entity formed under foreign law and registered to do business in a US state or Tribal jurisdiction. Everything formed inside the United States is out.

Company typeBOI filing?Why
LLC formed in any US state — including 100% foreign-owned single-member LLCsNoDomestic reporting companies were exempted by the March 2025 interim final rule; the August 2026 final rule made the exemption permanent.
Corporation / C-Corp formed in any US stateNoSame exemption — created by filing with a US Secretary of State, so not a reporting company.
Sole proprietorship / general partnership (no state filing to create it)NoNever a reporting company — no formation filing exists.
Company formed outside the US (e.g. UK Ltd, Canadian corporation, Pakistani company) and registered to do business in a US stateYesThis is now the only category that must file — reporting its non-US-person beneficial owners. Other exemptions (large operating company, regulated entities, etc.) can still apply; we check them for you.
Foreign company selling to US customers only — no US state registrationGenerally noSelling into the US alone does not create the BOI obligation; the trigger is registration to do business in a state.
US LLC you already filed BOI for in 2024 / early 2025Nothing to doNo update or correction is required. FinCEN has said it will delete previously reported information about US-person beneficial owners and company applicants. Keep your receipt.
New York note: the federal exemption does not cancel state law. New York's LLC Transparency Act took effect January 1, 2026 — after amendment it applies only to LLCs formed outside the US that are authorised to do business in New York. A New York-formed LLC is not caught by it either. If your foreign company is registered in New York, ask us — both the federal and the state filing may apply.
If You Must File

Who counts as a beneficial owner?

For a foreign reporting company, you report each individual who meets either test — but only non-US persons are reported. US-person owners are excluded under the final rule.

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Owns or controls 25% or more

Anyone who directly or indirectly owns or controls at least 25% of the company's ownership interests — including through joint ownership, trusts, nominees or other arrangements, and including profits interests and convertible instruments.

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Exercises substantial control

Anyone who directs the company, even without owning 25% — for example:

  • A senior officer (president, CEO, CFO, COO or similar)
  • Someone who can appoint or remove senior officers or a majority of directors
  • Someone who directs, decides or substantially influences important decisions — finances, structure, major contracts, business direction

Company applicants: a foreign company registered on or after January 1, 2024 also reports its company applicants — the individual who filed the US registration document and the individual primarily responsible for directing that filing. Under the final rule, US persons are no longer reported as company applicants either — only non-US-person applicants, where applicable.

FinCEN ID: an individual can optionally obtain a FinCEN Identifier and give the company that number instead of their personal details for the report. We can advise whether that is worth doing in your case.

What Gets Reported

Information a BOI report contains

About the company

  • Full legal name
  • Any trade names, DBAs or "trading as" names
  • Complete principal place of business address
  • Jurisdiction of formation or first US registration
  • Taxpayer Identification Number (EIN) — or a foreign tax ID where applicable

About each reportable person

  • Full legal name
  • Date of birth
  • Current residential address (business address acceptable for a company applicant acting in that capacity)
  • Unique ID number from an acceptable document — US or foreign passport, US driver's licence or state/tribal ID
  • A clear image of that identification document, uploaded with the report

Reports are submitted electronically through FinCEN's BOI E-Filing System (the Beneficial Ownership Secure System, "BOSS"). On successful submission FinCEN issues a filing receipt — keep it with your company records permanently.

Deadlines & Penalties

Deadlines for foreign reporting companies

SituationDeadline
Foreign company registered in the US before March 26, 2025Initial report was due April 25, 2025
Foreign company registered on or after March 26, 2025Within 30 calendar days after receiving notice that the registration is effective
Any reported information changes (new owner, address change, new ID document, company details change)Updated report within 30 days of the change
An error is discovered in a filed reportCorrected report within 30 days of discovery
US-formed LLC or corporationNo deadline — no filing required

Penalties — only where filing is actually required: wilfully failing to file, update or correct a BOI report, or wilfully providing false information, can bring civil penalties of up to $591 per day (inflation-adjusted) while the violation continues, and criminal penalties of up to $10,000 and up to 2 years in prison. These penalties are exactly why a foreign reporting company should not guess its way through the form — and why a US company should not panic about a filing it no longer owes.

How We Help

Our BOI service — honest check first, filing only if you need it

Because most US LLC owners who find this page are actually exempt, our service starts with the truth — not with a checkout.

1

Free Status Check

Tell us where your company was formed and where it is registered. We confirm in writing whether BOI applies to you at all — free, before you pay anything.

2

Exemption Analysis

If your company is foreign-formed and US-registered, we check the remaining exemptions (large operating company, regulated entity and others) before assuming you must file.

3

We Prepare & File

If filing is required, we identify every reportable beneficial owner, collect the right ID documents, prepare the report and file it through FinCEN's BOI E-Filing System. You review everything before submission.

4

Receipt & Update Monitoring

You receive your FinCEN filing receipt digitally. We note the details that would trigger a 30-day update, so a change of owner, address or ID never quietly becomes a penalty.

Still required even if you're BOI-exempt: a foreign-owned single-member US LLC must file IRS Form 5472 + pro-forma Form 1120 every year — even with zero income — plus its state annual report. BOI exemption changed none of that. If those are overdue, tell us on WhatsApp; that is the filing that actually carries risk for most non-resident LLC owners now.
FAQ

BOI filing questions, answered straight

Does my US LLC still need to file a BOI report in 2026?
No — if your LLC or corporation was formed in the United States. FinCEN's interim final rule of March 26, 2025 exempted all domestic (US-formed) reporting companies, and the final rule effective August 14, 2026 made that exemption permanent. A US-formed LLC does not need to file an initial BOI report, and does not need to update or correct a report filed earlier — even if it is 100% foreign-owned.
Who must still file a BOI report with FinCEN?
Only foreign reporting companies: entities formed under the law of a foreign country that have registered to do business in a US state or Tribal jurisdiction, unless another exemption applies. They report their company information and their non-US-person beneficial owners. US persons are not reported as beneficial owners or company applicants for these companies.
What is a beneficial owner for BOI purposes?
A beneficial owner is an individual who directly or indirectly owns or controls at least 25% of a reporting company's ownership interests, or who exercises substantial control over it — for example a senior officer, someone who can appoint or remove officers or a majority of directors, or someone who directs important company decisions.
What is the BOI filing deadline for a foreign company?
A foreign reporting company registered on or after March 26, 2025 must generally file its initial BOI report within 30 calendar days after receiving notice that its US registration is effective. Foreign companies registered before March 26, 2025 were required to file by April 25, 2025. Updated and corrected reports are also due within 30 days of a change or of discovering an error.
What information goes into a BOI report?
For the company: full legal name, any trade names or DBAs, principal place of business address, jurisdiction of formation or registration, and taxpayer identification number. For each reportable beneficial owner (and, where applicable, company applicant): full legal name, date of birth, current address, a unique ID number from an acceptable document such as a passport, and an image of that document. Reports are filed electronically through FinCEN's BOI E-Filing System and there is no FinCEN filing fee.
I already filed a BOI report for my US LLC — what should I do now?
Nothing. US-formed companies have no obligation to update or correct a previously filed report under the current rule, and FinCEN has said it will delete identifying information previously reported about US-person beneficial owners and company applicants. Keep your filing receipt for your records.
What are the penalties for not filing BOI when it is required?
For companies that are still required to report, willful failure to file, update or correct a BOI report can bring civil penalties of up to $591 per day (inflation-adjusted) and criminal penalties of up to $10,000 and up to 2 years in prison. Penalties do not apply to US-formed companies, because the filing requirement itself no longer exists for them.
Is BOI the same as Form 5472 or a tax return?
No. BOI is not a tax return and it is not filed with the IRS — it is filed with FinCEN, the Treasury Department's financial crimes unit, and it is not public. The BOI exemption does not remove other obligations: a foreign-owned single-member US LLC must still file IRS Form 5472 with a pro-forma Form 1120 every year, even with zero income. See our Form 5472 service under All Services.
Related Services

The filings most BOI searchers actually need

Not sure if BOI applies to your company?

Tell us where your company was formed and where it is registered. The status check is free — and if you're exempt, we'll say so plainly instead of selling you a filing you don't need.

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