WASHINGTON, D.C. – Following concerns from constituents and small business groups about a new financial reporting requirement expected to take effect in just a few weeks, Senators Rick Scott and Mike Rounds, House Financial Services Chairman Patrick McHenry and Representative Warren Davidson led 76 of their colleagues in sending a bicameral letter to Janet Yellen, Secretary of the Treasury, and Andrea Gacki, Director of the Financial Crimes Enforcement Network (FinCEN), requesting a delay in the implementation of new reporting requirements for small businesses. The new federal reporting requirements would expand FinCEN to collect and store confidential personal information about small businesses that have fewer than 20 full-time employees. This substantial regulation that impacts nearly every small business in America is expected to take effect January 1^st and impact 32.6 million small businesses who are largely unaware of the new requirements that carry significant criminal and civil penalties for non-compliance.

Joining Senators Scott and Rounds are Senators John Thune, Shelley Moore Capito, John Barrasso, Joni Ernst, Mike Crapo, Ted Cruz, James Risch, Mike Braun, Roger Marshall, Dan Sullivan, Bill Hagerty, Pete Ricketts, Ted Budd, Thom Tillis, James Lankford, Jerry Moran, Ron Johnson, Deb Fischer, Cindy Hyde-Smith, Katie Boyd Britt, Steve Daines, J.D. Vance, Mike Lee, Cynthia Lummis, Kevin Cramer and John Kennedy. Additionally, joining Chairman Patrick McHenry and Representative Warren Davidson are Representatives Frank Lucas, Pete Sessions, Bill Posey, Blaine Luetkemeyer, Bill Huizenga, Ann Wagner, Andy Barr, Roger Williams, French Hill, Tom Emmer, Barry Loudermilk, Alexander Mooney, John Rose, Bryan Steil, William Timmons, Ralph Norman, Dan Meuser, Scott Fitzgerald, Andrew Garbarino, Young Kim, Byron Donalds, Mike Flood, Michael Lawler, Zach Nunn, Monica De La Cruz, Erin Houchin, Andy Ogles, Tracey Mann, Glenn Grothman, Chuck Edwards, Russell Fry, Chip Roy, Same Graves, Clay Higgins, Diana Harshbarger, Bruce Westermann, Juan Ciscomani, Maria Elvira Salazar, Brett Guthrie, Brian Fitzpatrick, Jake La Turner, Brad Finstad, John Moolenaar, Kelly Armstrong, Ben Cline, Rudy Yakym, Virginia Foxx, Buddy Carter, Michael Guest and Tom Tiffany.

Read the full letter HERE or below.

Dear Secretary Yellen and Director Gacki:

On behalf of the millions of small businesses in our states, we write to you today with significant concerns regarding the implementation of the beneficial ownership reporting requirements under the Corporate Transparency Act (CTA). The CTA requires most corporations, limited liability companies, and other entities created in or registered to do business in the United States to regularly report information about their beneficial owners—the persons who ultimately own or control the company, to the Financial Crimes Enforcement Network (FinCEN) beginning on January 1, 2024.[1]

While the goal of this new law is to target shell companies involved in illicit financial transactions, the CTA defines covered entities as those having 20 or fewer employees and under $5 million in revenue. In other words, not just shell companies, but nearly every small business in America.

Effective January 1^st, small businesses will be required to provide the personal information of their beneficial owners – owners, board members, senior management, legal representation – and continue to monitor and report this information to FinCEN to ensure that it is current and up-to-date or they will face civil and criminal penalties.[2] According to FinCEN estimates, more than 32 million separate reports are expected to be filed in 2024, with an additional five to six million filings each year thereafter.[3]

Unfortunately, FinCEN is woefully behind in educating small business owners and stakeholders of their new obligations under the CTA that begin in just a few short weeks. In fact, a National Federation of Independent Business (NFIB) survey found that 90 percent of respondents were entirely unfamiliar with these reporting requirements.[4] Even more concerning is that the CTA has civil and criminal penalties of up to $10,000 and two years of jail time for failure to comply.[5]

This lack of awareness and education is alarming and must be addressed before the law is implemented. Dozens of organizations, representing millions of small businesses operating in every state and community across the country, have already publicly expressed their strong support for delaying implementation of the beneficial ownership information (BOI) reporting requirements by one year.

Further, FinCEN has yet to finalize the two final BOI rulemakings that are critical to protecting small businesses’ personal information. These include the “Access Rule,” and the “Customer Due Diligence Rule”. As you know, the Access Rule specifies the parameters around which the database can be accessed, the purposes for which the information can be used, and how the highly sensitive information will be protected. The Customer Due Diligence Rule is critical to make sure BOI would not result in a duplicative reporting regime for small businesses.

Therefore, we strongly request that FinCEN delay the January 1, 2024, effective date for all BOI requirements by a minimum of one year and FinCEN has finalized all outstanding rulemakings. We believe a year’s delay will provide FinCEN and the business community with more time to educate owners of their new obligations. It will also give FinCEN time to review the new rules and improve and finalize the statute’s regulatory framework. 

Thank you for your prompt attention to this important matter.

Sincerely,

Supporters of the letter include:

1. Air Conditioning Contractors of America
2. American Building Materials Alliance
3. American Council of Independent Laboratories
4. American Rental Association
5. American Subcontractors Association
6. American Supply Association
7. Associated Equipment Distributors
8. Associated General Contractors of America
9. Community Associations Institute
10. Energy Marketers of America
11. FCA INTERNATIONAL
12. Foodservice Equipment Distributors Association
13. Forest Resources Association
14. Forging Industry Association
15. GAWDA
16. Global Cold Chain Alliance
17. Hardwood Federation
18. ICSC
19. Independent Bakers Association
20. Independent Electrical Contractors
21. Industrial Fasteners Institute
22. International Housewares Association
23. Main Street Employers Coalition
24. Manufactured Housing Institute
25. Manufacturer & Business Association
26. Marine Retailers Association of the Americas
27. Metals Service Center Institute
28. Nareit
29. National Association of Convenience Stores
30. National Association of Sporting Goods Wholesalers
31. National Association of Wholesaler-Distributors
32. National Community Pharmacists Association (NCPA)
33. National Cotton Council
34. National Federation of Independent Business (NFIB)
35. National Insulation Association
36. National Marine Distributors Association
37. National Ready Mixed Concrete Association
38. National Roofing Contractors Association
39. National Tooling and Machining Association
40. National Waste & Recycling Association
41. National Wooden Pallet & Container Association
42. NEMRA (NATIONAL ELECTRICAL MANUFACTURERS REPRESENTATIVES ASSOCIATION®)
43. New Mexico Farm & Livestock Bureau
44. North American Association of Food Equipment Manufacturers (NAFEM)
45. Oregon Cattlemen’s Association
46. Outdoor Power Equipment and Engine Service Association
47. Pet Industry Distributors Association
48. Plumbing-Heating-Cooling Contractors--National Association
49. Precision Machined Products Association
50. Precision Metalforming Association
51. Private Investor Coalition
52. Rocky Mountain Agribusiness Association
53. S Corporation Association
54. Small Business & Entrepreneurship Council
55. Society of Collision Repair Specialists (SCRS)
56. South Dakota Trust Association
57. Specialty Equipment Market Association (SEMA)
58. Subchapter S Bank Association
59. The Association for Hose and Accessories Distribution
60. The Fertilizer Institute
61. The Real Estate Roundtable
62. The Transportation Alliance
63. Tile Roofing Industry Alliance
64. Tire Industry Association
65. Wholesale Florist & Florist Supplier Association
66. Wine Institute
67. Wood Machinery Manufacturers of America
68. Workplace Solutions Association
69. Wyoming Stock Growers Association

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