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.
IRS Announces End of Most Unannounced Visits to Taxpayers
The Commissioner of the IRS recently reported that the agency will discontinue nearly all unannounced visits to homes and businesses by revenue officers. This policy change is expected to improve safety, reduce confusion by allowing taxpayers to better prepare to meet with IRS personnel, and help protect taxpayers from scammers who impersonate IRS agents.
Previously, unarmed revenue officers have made unannounced visits to certain taxpayers, to work with them to resolve tax debts and/or file delinquent returns. Effectively immediately, those visits will generally be replaced with a mailed letter to set up a meeting, labeled IRS Letter 725-B. Taxpayers who receive this letter should follow the instructions to make an appointment.
Going forward, unannounced visits will generally only occur with the most serious tax cases.