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BOI Who Must Report in 2026: The Updated List

The Corporate Transparency Act created BOI reporting for millions of US entities. The March 2025 interim final rule narrowed it to foreign reporting companies only. Here is who must report today and who is exempt.

By Alif Al Razi, Tax & Compliance Lead, Anonymousllc.co · Last updated 2026-05-21

Regulatory disclosure: This page reflects the March 21, 2025 FinCEN interim final rule (90 FR 13688). FinCEN may issue a revised final rule that changes domestic company obligations. Track current status at /boi/status-tracker/.

What Is a “Reporting Company” Under the CTA?

The Corporate Transparency Act (31 USC 5336) defines a reporting company as any corporation, LLC, or similar entity created by filing a document with a secretary of state or similar office, or formed under the law of a foreign country and registered to do business in any US state or tribal jurisdiction. The implementing rule at 31 CFR 1010.380 splits this into two categories:

  • Domestic reporting company: An entity created by filing a document with a secretary of state or similar office under the law of a US state or Indian tribe.
  • Foreign reporting company: An entity formed under the law of a foreign country and registered to do business in any US state or tribal jurisdiction by filing a document with a secretary of state or similar office.

Who Must Report After March 2025

Under the March 21, 2025 interim final rule (90 FR 13688), FinCEN exempted all domestic reporting companies from BOI filing requirements. Only foreign reporting companies remain obligated.

Exempt (Domestic)

  • Wyoming LLC formed by any owner
  • Delaware LLC or Corp
  • New Mexico LLC
  • Nevada LLC
  • Any LLC or corp formed in any US state
  • US LLC owned by non-US residents

Must File (Foreign)

  • UK Ltd registered in a US state
  • Canadian Corp with US foreign qualification
  • German GmbH registered in Delaware
  • Any entity formed abroad, registered in US

Non-Resident-Owned US LLCs Are Domestic

A common point of confusion: a US LLC owned by a non-US resident is a domestic reporting company, not a foreign reporting company. The classification depends on where the entity was formed, not who owns it. A Wyoming LLC owned by a UK citizen is a domestic reporting company because it was formed under Wyoming law. It is currently exempt from BOI reporting under the March 2025 rule.

Contrast this with a UK Ltd that registers to do business in Wyoming. That entity was formed under UK law and is a foreign reporting company. It must file BOI reports.

The 23 Original Exemption Categories

Even before the March 2025 domestic exemption, 31 CFR 1010.380(c)(2) listed 23 categories of entities exempt from BOI reporting. These include large operating companies (20+ full-time US employees, $5M+ gross receipts, US physical office), banks, credit unions, money services businesses, broker-dealers, SEC reporting issuers, insurance companies, state-licensed insurance producers, registered investment companies, venture capital fund advisers, public utilities, tax-exempt entities, and others. Most anonymous LLC holders do not qualify for any of the 23 because small private LLCs do not meet the thresholds. The domestic exemption is what covers them.

Full list of all 23 exemptions: BOI Exemptions — The 23 Categories Plus Domestic.

Could This Change?

Yes. The March 2025 rule is an interim final rule, not a permanent final rule. FinCEN accepted public comments through June 2025 and may issue a revised rule that reinstates obligations for some or all domestic companies. Congressional action could also modify or repeal the CTA entirely. The litigation in NFIB v. Yellen and related cases remains relevant.

Track changes in real time at /boi/status-tracker/.

Related BOI topics

BOI exemptions (23 + domestic)
/boi/exemptions/
Foreign reporting company rule
/boi/foreign-reporting-company/
How to file on FinCEN portal
/boi/how-to-file/
BOI status tracker (monthly)
/boi/status-tracker/

Pillar overview: BOI Reporting.

Frequently asked

BOI Initial Filing — $150

Anonymousllc.co files BOI reports for foreign reporting companies at a flat $150. If you are unsure whether your entity must report, reach out — we will tell you for free.

BOI Compliance — $150 WhatsApp Us