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Don’t Get Scammed When Filing Your Business Owner Interest Reports

I have published numerous articles in this newsletter about the need to file your Business Owner Interest (BOI) reports with FinCEN (U.S. Treasury) as part of the Corporate Transparency Act (CTA).

Like many government mandated filing requirements, the implementation of the CTA has unfortunately led to various scams targeting businesses and individuals that exploit the regulatory requirements and the potential penalties for noncompliance. The following are some common types of scams associated with the CTA:

  • Phishing Scams: Scammers send fraudulent emails or messages posing as FinCEN or other regulatory authorities, requesting sensitive information or payment to comply with the CTA. (The government and legitimate third-party providers do not charge a fee for submitting the BOI report.) These emails often contain malicious links or attachments designed to steal personal information or install malware on the recipient's device.

  • Fake Compliance Services: Fraudsters create fake companies offering compliance services to help businesses meet CTA requirements. They charge exorbitant fees for their services and may even collect sensitive information under the guise of assisting with compliance.

  • Impersonation Scams: Scammers impersonate legitimate businesses or regulatory authorities, contacting companies to demand immediate payment or information to avoid penalties for non-compliance with the CTA. These demands are often accompanied by threats of legal action or fines.

  • Data Breach Scams: Cybercriminals exploit vulnerabilities in companies' systems to steal beneficial ownership information. They may use this information for identity theft, financial fraud, or to sell on the dark web.

  • Fake Penalty Notices: Scammers send fake penalty notices to businesses, claiming they have violated CTA requirements and must pay a fine to avoid further legal action. These notices often include official-looking logos and language to appear legitimate.

If you suspect that you have been targeted by a scam related to the CTA, it is crucial to take immediate action to protect yourself and your business. Here are the steps you should follow:

  • Verify the Source. Before responding to any communication related to the CTA, verify the source. Contact FinCEN or the relevant regulatory authority directly using official contact information to confirm the legitimacy of the request.

  • Report the Scam. Report the scam to FinCEN, the Federal Trade Commission (FTC), and your local law enforcement agency. Providing detailed information about the scam can help authorities investigate and prevent further incidents.

  • Monitor Your Accounts. Regularly monitor your financial accounts and credit reports for any suspicious activity. If you notice any unauthorized transactions or changes, report them immediately to your financial institution and credit bureaus.

  • Secure Your Information. Take steps to secure your personal and business information. This may include changing passwords, enabling two-factor authentication, and updating security software on your devices.

  • Seek Legal Advice. If you have provided sensitive information or made payments to a scammer, seek legal advice to understand your options and take appropriate action to mitigate any potential damage.

By staying vigilant and informed, businesses can navigate the regulatory landscape of the CTA while safeguarding their interests.

Have questions or need assistance complying with the CTA reporting requirements? Please contact our office.

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