Exempt Reporting Companies
Certain entities are exempt from reporting beneficial ownership information to FinCEN. Here’s a summary of the main types of exempt companies:
Exempt Entities
Entities that do not need to report beneficial ownership include:
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Large Operating Companies: An entity may qualify as large operating if it meets ALL of the following 3 criteria:
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Have over $5 million in gross receipts or sales.
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Employ more than 20 full-time employees.
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Have an operating presence at a physical office within the U.S
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Publicly Traded Companies: Entities that are listed on a stock exchange and meet specific regulatory requirements.
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Financial Institutions: Includes banks, credit unions, and insurance companies.
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Nonprofits: Certain tax-exempt organizations, like charities.
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Government Entities: Includes federal, state, and tribal governmental bodies.
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Inactive Entity: An entity may qualify as inactive if it meets ALL of the following six criteria:
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The entity has been in existence since or before January 1, 2020.
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The entity is not engaged in any active business operations.
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The entity is not owned, directly or indirectly, in whole or in part, by a foreign person. A "foreign person" is anyone who is not a "United States person," as defined in section 7701(a)(30) of the Internal Revenue Code of 1986 (which includes U.S. citizens, residents, domestic partnerships, corporations, and certain estates and trusts).
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The entity has had no change in ownership in the past twelve months.
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The entity has not sent or received funds exceeding $1,000, either directly or through any financial account associated with the entity or its affiliates, in the past twelve months.
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The entity does not hold any assets of any kind, either in the United States or abroad, including ownership interests in any corporation, LLC, or similar entity.
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