Does my US LLC still have to file a beneficial ownership (BOI) report with FinCEN?

Checked on 2026-10-25

No, if the company was created in the United States. FinCEN's final rule of August 11, 2026, effective August 14, 2026, made permanent the exemption first introduced on March 26, 2025: US companies don't file BOI reports. Only certain companies formed abroad and registered to do business in a US state or tribal jurisdiction must report.

Key facts

What	FinCEN says	Source
US-created companies	Exempt; no longer required to file BOI reports	FinCEN, BOI Reporting: alert updated August 11, 2026
Includes	All entities created in the United States, including those previously called “domestic reporting companies”, and their beneficial owners	FinCEN, BOI Reporting
Who still reports	Only certain foreign companies: entities formed under a foreign country’s law that registered to do business in a US state or tribal jurisdiction by filing with a secretary of state or similar office	FinCEN, BOI Reporting
US persons in foreign companies	Reporting companies don’t report BOI for US person beneficial owners or company applicants; US persons don’t have to give BOI to reporting companies	FinCEN, BOI Reporting: final rule
Rule	Final rule issued August 11, 2026, effective August 14, 2026, making permanent the exemptions of the interim final rule published March 26, 2025	FinCEN, BOI Reporting

What changed

The Corporate Transparency Act required many companies to report the people who own or control them (“beneficial owners”) to FinCEN, part of the US Treasury. FinCEN’s interim final rule, published on March 26, 2025, narrowed “reporting company” to foreign-formed entities registered to do business in the US and exempted entities created in the US. FinCEN’s final rule of August 11, 2026 made those exemptions permanent and widened the relief for US persons. It took effect on August 14, 2026.

What it means for a US LLC

FinCEN’s page says US companies are exempt and no longer have to file BOI reports. The exemption covers “all entities created in the United States”. FinCEN’s page doesn’t distinguish by the owner’s nationality, so an LLC formed in a US state is exempt whether its owner lives in the US or abroad.

Who still reports

A company formed under a foreign country’s law that has registered to do business in a US state or tribal jurisdiction (by filing with a secretary of state or similar office) is a reporting company, unless an exemption applies. It doesn’t report US persons as beneficial owners or company applicants. FinCEN’s page links to its BOI E-Filing System and to guidance on exemptions.

Other filings still apply

This exemption covers only FinCEN’s BOI report. IRS filings, such as Form 5472 for a single-member LLC wholly owned by a foreign person, are separate (see the Form 5472 page).

Sources

FinCEN: Beneficial Ownership Information Reporting (updated August 11, 2026) checked 2026-10-25
IRS: Get an employer identification number (Report beneficial owners to FinCEN when required) checked 2026-10-25

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.