Nationwide Injunction Halts Enforcement of Corporate Transparency Act (CTA)

Types : Alerts

In a significant development, a federal court in Texas issued a nationwide preliminary injunction on December 3rd, temporarily halting enforcement of the Corporate Transparency Act (CTA). This decision effectively pauses the requirement for small businesses, including non-tax-exempt LLCs, partnerships, and corporations, to e-file a “beneficial ownership form” (BOI) with FinCEN, a division of the Department of the Treasury.

The CTA originally mandated that entities created before 2024 submit BOI reports no later than January 1, 2025, and for entities created in or after 2024, tight deadlines after creation for the BOI reports. The court’s ruling not only enjoins enforcement of the CTA but also delays the compliance deadline for reporting companies. However, this is a preliminary injunction, subject to further litigation and review, meaning reporting companies should stay vigilant in monitoring developments.

Given the court’s decision, businesses that have not yet filed BOI reports may find themselves in a state of limbo. The Department of the Treasury or another federal agency is likely to provide its position and guidance on the implications of this ruling, particularly as the original compliance date looms.

Companies are advised to remain prepared to act swiftly if the injunction is vacated or modified. Staying informed about updates and future legal proceedings is essential to ensure compliance with any reinstated or adjusted deadlines. If you have any questions, you are encouraged to contact a member of Montgomery McCracken’s Business Department.