FinCEN BOI FAQ L.1
What are the criteria for the tax-exempt entity exemption from the beneficial ownership information reporting requirement?
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?”).