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Corporate Transparency Act Compliance: Beneficial Ownership Reporting, Filing Requirements and Exceptions

Recording of a 90-minute premium CLE/CPE video webinar with Q&A

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Conducted on Tuesday, October 8, 2024

Recorded event now available

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This CLE/CPE webinar will provide tax attorneys and advisers guidance on the compliance and reporting requirements of the Corporate Transparency Act of 2021 (CTA) which took effect Jan. 1, 2024. Our panel will also address issues relating to (1.) the obligations of professional advisers to inform former or current clients of the CTA reporting obligations, (2.) the impact of the CTA on planning, notices, engagement letters, legal agreements, opinions, and (3.) the impact of the CTA on privacy concerns, both of U.S. and foreign persons.

Description

The CTA requires certain U.S. and foreign entities that are defined as reporting companies to report beneficial owners and company applicants to FinCEN (the Department of the Treasury's Financial Crimes Enforcement Network). FinCEN will establish and maintain a non-public national registry of beneficial owners and company applicants of reporting companies to prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity.

These new federal reporting rules impact millions of reporting companies formed prior to and after the effective date of the CTA. Noncompliance with these reporting rules may result in significant civil and criminal penalties.

Therefore, it is important that entities that are potentially impacted by these rules commence to determine (1.) whether a business arrangement or entity is out of scope as a reporting company, a reporting company, or otherwise exempt from reporting; (2.) who is a beneficial owner and a company applicant; (3.) how trusts are treated under the CTA; (4.) the information that is required to be reported by a reporting company, beneficial owner, and company applicant; (5.) the necessary due diligence that a reporting company must undertake to file a true, correct, and complete report; (6.) when a report is initially due, required to be updated, or required to be corrected; (7.) the potential ramifications of noncompliance; and (8.) how to establish a workstream to initially prepare for, collect, maintain, and report information required to be reported under the CTA.

Listen as our panel discusses the CTA's key provisions, determining whether companies are reporting companies or beneficial owners, and the civil and criminal penalties for noncompliance.

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Outline

  1. Overview of Corporate Transparency Act of 2021
  2. Reporting requirements and disclosure of information
  3. Exemptions
  4. Penalties
  5. Best practices for tax counsel

Benefits

The panel will review these and other key issues:

  • What are the key provisions of the CTA?
  • What is the impact on domestic and foreign companies?
  • What are the reporting requirements under the CTA rules?
  • How do you determine which companies are considered reporting companies under the CTA?
  • How do you determine who are beneficial owner(s) under the CTA?
  • What are the potential ramifications for noncompliance?

Faculty

Granwell, Alan
Alan Winston Granwell

Of Counsel
Holland & Knight

Mr. Granwell has been practicing in international taxation for more than 45 years and previously was director of the...  |  Read More

Skinner, Briahnna
Briahnna Skinner

Private Wealth Family Fiduciary Services Director
Holland & Knight

Ms. Skinner is a Private Wealth Family Fiduciary Services Director based in Holland & Knight's Boston...  |  Read More

Titens, Michael
Michael C. Titens

Partner
Holland & Knight

Mr. Titens is a corporate attorney in Holland & Knight's Dallas office. He represents U.S. and...  |  Read More

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