The "beneficial owners" report (Beneficial Ownership Information) caused panic and confusion. The good news for most non-residents: in 2026, companies formed in the U.S. and their owners became exempt. Find out your case in 30 seconds.
Two questions. Based on FinCEN's interim final rule in effect in 2026.
Your company was formed in a U.S. state. In 2026, FinCEN's interim final rule exempted all "domestic reporting companies" (those formed in the U.S.) and their owners — regardless of whether the owner is a resident or a foreign person. You do not have to file the BOI report or update it.
It is a foreign reporting company: an entity formed outside the U.S. and registered to do business in a state. These are still required to report BOI — but only about their beneficial owners who are NOT U.S. persons (U.S. owners do not have to be reported).
It is a foreign entity registered in the U.S., but all of its owners are U.S. persons. Since the 2026 rule requires reporting only foreign beneficial owners, if there are none, in practice there is no owner information to report. Even so, as a foreign reporting company it's worth confirming the specific case.
What we get asked most about BOI in 2026.
It is a report to FinCEN (a bureau of the U.S. Treasury) in which certain companies disclose who their "beneficial owners" are — the individuals who control or own the company. It came out of the Corporate Transparency Act.
Yes. Originally they did, with a deadline in 2025. But in March 2025 FinCEN published an interim final rule that removed the obligation for companies formed in the U.S. and for U.S. owners. That rule remains in effect in 2026 and a final rule under review is expected to confirm it.
Under the rule in effect: no. Your LLC is a company formed in the U.S. (domestic), and those became exempt — the fact that you, the owner, are a foreign person doesn't change that. What you still owe is Form 5472 and the state annual report.
Only "foreign reporting companies": companies created in another country that registered to do business in a U.S. state. And even those report only their foreign beneficial owners.
It's possible: there is a final rule pending and bills in Congress. The most likely outcome is that the current exemption is consolidated, but that's why it pays to check the status of the rule before assuming anything — or to ask.
This is exactly the kind of topic that changes and scares people more than it should.
If you want certainty for your case, a 15-min consultation clears it up: $29.
And after you calculate?
LLC + EIN, annual compliance (Form 5472, state report), Florida apostilles and online notarization — with a CPA who works with you in English or Spanish.
Meet Emprendenus → 15-min consult · $29