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BREAKING NEWS – Corporate Transparency Act on Hold

as of Monday, March 3, 2024

On Friday March 1, 2024, the U.S. District Court for the District of Alabama declared the Corporate Transparency Act (CTA) unconstitutional. In the case of National Small Business Association v. Yellen (Case No. 5:22-cv-01448) [1], initiated by the National Small Business United, the challenge was against the CTA’s mandate for small businesses to disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN).

The ruling has the effect of suspending all BOI filing requirements for now, all enforcement actions, and all compliance concerns including questions of “practicing law without a license.” Experts believe the ruling will be appealed, probably to the Supreme Court, so this is a temporary filing requirement suspension until a final appeal is exhausted. Voluntary filing appears to still be allowed if for some reason a client desires to file.

Clean Vehicle Credit Dealer Transfers

As of January 1, 2024, people who buy or lease cars or trucks that qualify for the Clean Vehicle Credit (CVC) may transfer the credit to an eligible seller (usually a dealership). The transferred credit may be used as a down payment, or exchanged for a reduction in the vehicle price. Eligible vehicles include many fully electric cars and trucks (EVs), plug-in hybrids (PHEVs) and vehicles powered by fuel cells.

To transfer the credit, you must present a government-issued photo ID, and provide the seller with information including your current address and valid taxpayer ID number. You will also need to sign a certification of eligibility for the CVC, along with pledges to file a 2024 tax return and to use the vehicle primarily for personal (not business) purposes within the U.S.

In turn, the dealer must certify that the vehicle meets IRS standards for the CVC, and provide you with documentation of the date of sale, selling price and other vehicle information. Store these documents securely, as you will need to refer to them when filing your federal tax return for 2024. A tax professional can help you determine whether transferring a CVC to the vehicle seller would make sense for you.