BOI Report for US LLCs: 2026 FinCEN Filing Requirements Explained
If you own a US LLC or corporation, there is one compliance requirement you cannot ignore: the BOI report (Beneficial Ownership Information), filed with FinCEN under the Corporate Transparency Act. Missing it can carry serious penalties. Here is a plain-English 2026 explainer of what it is, who must file, and how to stay compliant.
What is a BOI report?
A BOI report tells the US Financial Crimes Enforcement Network (FinCEN) who actually owns and controls a company. The goal is to reduce the use of anonymous shell companies for fraud and money laundering. It is filed electronically through FinCEN’s BOI E-Filing system, and there is no government filing fee.
Who is a “beneficial owner”?
A beneficial owner is generally any individual who either:
- Owns 25% or more of the company, or
- Exercises substantial control over it (for example, a senior officer or someone who can make key decisions).
Who has to file?
Most small US LLCs and corporations โ including those owned by non-residents โ are “reporting companies” that must file, unless they fall under one of the limited exemptions (which mostly cover large, already-regulated entities such as banks and big operating companies). If you formed a small US LLC for eCommerce, consulting, or online business, you should assume you need to file unless advised otherwise.
What information is required?
- Company details โ legal name, any trade names, US address, and tax ID (EIN).
- For each beneficial owner โ full name, date of birth, address, and an identifying document (such as a passport) with its number and image.
- For newer companies โ information about the “company applicant” who filed the formation.
You will need your EIN on hand to complete the report.
Deadlines you need to know
- New companies: file within the window required after formation (newly created companies have a short deadline, so do not delay).
- Changes: if any reported information changes โ a new address, a new owner, a renewed passport โ you must file an updated report, typically within 30 days.
BOI rules have changed more than once, so always confirm the current deadline that applies to your company before filing.
Penalties for not filing
Willfully failing to file or providing false information can lead to significant civil penalties (charged per day the violation continues) and, in serious cases, criminal penalties. The cost of compliance is tiny compared to the risk of ignoring it.
How to file your BOI report
- Gather company info โ legal name, address, and EIN.
- Identify beneficial owners using the 25% ownership / substantial control tests.
- Collect IDs โ a passport image and details for each owner.
- Submit through FinCEN’s BOI E-Filing system and keep your confirmation.
- Track changes so you can file updates on time.
Frequently asked questions
Do non-resident-owned LLCs have to file a BOI report?
In most cases, yes. Foreign ownership does not exempt a small US LLC from BOI reporting.
Is there a fee to file?
FinCEN does not charge a fee to file the report itself. If you use a service to prepare and file it correctly, that service has its own fee.
How often do I file?
BOI is not an annual filing โ you file once, then submit an updated report only when reported information changes.
Stay compliant with 3Companion
We help non-residents form US companies and stay compliant โ including BOI report filing, EIN, and ongoing requirements. Get your BOI handled here or message us on WhatsApp for a free consultation. New to this? Start with our company registration in USA guide and our LLC vs C-Corporation comparison. This article is general information, not legal or tax advice.
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