FinCEN BOI FAQ L.1

What are the criteria for the tax-exempt entity exemption from the beneficial ownership information reporting requirement?

Year: 2023Length: 175 wordsOfficial source

Cite as FinCEN Beneficial Ownership Information FAQ L.1 (Reporting Company Exemptions)

An entity qualifies for the tax-exempt entity exemption if any of the following four criteria apply: (1) The entity is an organization that is described in section 501(c) of the Internal Revenue Code of 1986 (Code) (determined without regard to section 508(a) of the Code ) and exempt from tax under section 501(a) of the Code . (2) The entity is an organization that is described in section 501(c) of the Code , and was exempt from tax under section 501(a) of the Code , but lost its tax-exempt status less than 180 days ago. (3) The entity is a political organization, as defined in section 527(e)(1) of the Code , that is exempt from tax under section 527(a) of the Code . (4) The entity is a trust described in paragraph (1) or (2) of section 4947(a) of the Code . FinCEN’s Small Entity Compliance Guide includes checklists for this exemption (see exemption #19) and for the additional exemptions to the reporting requirements (see Chapter 1.2, “Is my company exempt from the reporting requirements?”).
FinCEN BOI FAQ L.1: What are the criteria for the tax-exempt entity exemption from the beneficial ownership information reporting requirement? | Justis AI