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FinCEN Final Rule (31 CFR 1010.380)

FinCEN Final Rule (31 CFR 1010.380) - Anonymousllc.co's 2026 reference. Covers the rule, the controlling statute or regulation, common questions, and how Anonymousllc.co handles it in practice. Primary-source citations linked throughout.

By Alif Al Razi, Tax & Compliance Lead · Updated May 2026
Primary source - FinCEN - Beneficial Ownership Information Reporting Rule
31 CFR 1010.380

Implementing regulation for 31 USC § 5336 (Corporate Transparency Act). Final rule published Sept. 30, 2022 (87 FR 59498); originally effective Jan. 1, 2024.

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What is the FinCEN Beneficial Ownership Information Final Rule?

FinCEN's Beneficial Ownership Information Reporting Rule, codified at 31 CFR 1010.380, is the regulation that implements the Corporate Transparency Act (31 USC § 5336). It originally required most US LLCs, corporations, and similar entities to report their beneficial owners to FinCEN, the Treasury's Financial Crimes Enforcement Network. The final rule was published September 30, 2022 (87 FR 59498) and took effect January 1, 2024. The March 21, 2025 Interim Final Rule then narrowed its scope - domestic reporting companies are now exempt, and only foreign reporting companies remain obligated. This page states the rule as it stands in 2026.

Sources
  • 31 CFR 1010.380 - Implementing regulation
  • 31 USC § 5336 - Corporate Transparency Act

How does the Corporate Transparency Act relate to 31 CFR 1010.380?

The Corporate Transparency Act (31 USC § 5336) is the 2020 statute that created BOI reporting; 31 CFR 1010.380 is the FinCEN regulation that implements it. The statute sets the authority and penalties; the regulation defines reporting companies, beneficial owners, company applicants, and the form and deadlines of the report. Congress passed the CTA as part of the Anti-Money Laundering Act of 2020 to give law enforcement a non-public registry of who ultimately owns US entities. The reports go to FinCEN's secure database, not to any public record.

Sources
  • 31 USC § 5336 - Corporate Transparency Act

Who must report BOI after the March 2025 IFR?

After the March 21, 2025 Interim Final Rule (90 FR 13688), only foreign reporting companies must report - entities formed under non-US law that register to do business in a US state or tribal jurisdiction. Domestic reporting companies (US-formed LLCs and corporations) are now exempt from BOI reporting. Before the IFR, the rule reached most US entities. The IFR removed domestic entities from scope while the broader rulemaking continues. A US LLC owned by non-residents is still a domestic reporting company and is exempt; only a non-US entity registered into a US state remains obligated.

Sources
  • FinCEN March 2025 IFR (90 FR 13688) - Narrowed scope

Are Wyoming, New Mexico, Delaware, and Nevada anonymous LLCs exempt from BOI?

Yes. All four are domestic reporting companies formed under US state law, which the March 21, 2025 Interim Final Rule exempts from BOI reporting. This holds whether the owner is a US resident or a non-resident, because the exemption turns on where the entity is formed, not on who owns it. State anonymity and BOI exemption are separate protections that now point the same way. Wyoming, New Mexico, Delaware, and Nevada keep owners off public state filings, and the IFR removes the federal BOI obligation for those domestic entities. Anonymousllc.co's BOI Status Tracker is updated monthly with any change.

What information does the BOI report require?

For each beneficial owner, the BOIR requires full legal name, date of birth, current residential address, a unique ID number (passport, driver's license, or state ID), and an image of that document. Foreign reporting companies also report their company applicants using the same fields. The reporting company itself provides its full legal name, any trade names, principal US address, jurisdiction of formation, and IRS Taxpayer ID (EIN). Reports are filed through FinCEN's BOI E-Filing portal at boiefiling.fincen.gov, which returns a confirmation to retain as evidence of compliance.

Who counts as a beneficial owner under the 25% rule?

A beneficial owner is any individual who exercises substantial control over the reporting company or owns or controls at least 25% of its ownership interests. 31 CFR 1010.380(d) defines substantial control to include senior officers, the power to appoint or remove senior officers, and important decision-making authority. The two prongs are independent - a person with no equity is a beneficial owner through substantial control, and a 25%-plus owner is a beneficial owner regardless of title. The definition captures the humans who ultimately own or run the entity, which is the purpose of the registry.

What are the BOI deadlines for foreign reporting companies still in scope?

Foreign reporting companies registered before March 26, 2025 had until April 25, 2025 to file the initial BOI report; those registering on or after March 26, 2025 have 30 days from registration. Any change to reported information triggers an updated report within 30 days. These deadlines apply only to foreign reporting companies, which remain in scope. Domestic reporting companies have no current BOI deadline under the IFR, though the original deadlines can be reinstated by the final rule. Anonymousllc.co's BOI filing service ($150) handles foreign reporting companies and voluntary filings.

What are the civil and criminal penalties for not filing BOI?

31 USC § 5336(h) sets the penalties: a civil penalty of $591 per day (inflation-adjusted) for ongoing non-compliance, plus criminal fines up to $10,000 and up to 2 years imprisonment for willful violations. These are among the stiffer penalties tied to a federal reporting form. Because domestic reporting companies are now exempt, these penalties do not reach standard US LLCs. Foreign reporting companies still in scope remain exposed to them. Anonymousllc.co confirms a customer's reporting category before any filing decision.

How does the final rule differ from the March 2025 interim final rule?

The final rule (87 FR 59498, effective January 1, 2024) is the original regulation that required most US entities to report BOI; the March 21, 2025 Interim Final Rule (90 FR 13688) amended it to exempt domestic reporting companies. The IFR is the operative version in 2026, with only foreign reporting companies in scope. An interim final rule takes effect immediately while FinCEN collects comments toward a further final rule. Until that rulemaking concludes, the domestic exemption stands. Anonymousllc.co's BOI Status Tracker records any move from the IFR toward a new final rule.

Where does a filed BOI report go and is it public?

A filed BOI report goes to FinCEN's secure, non-public database, not to any public registry. It is accessible to authorized law enforcement, national security, and - with consent - financial institutions performing customer due diligence. It never appears on a state Secretary of State record. This is why BOI and state anonymity are separate protections. Wyoming, New Mexico, Delaware, and Nevada keep owners off public state filings, and even a filed BOIR stays out of the public record. Anonymousllc.co explains the distinction at intake so customers know what is and is not disclosed.

How do you file a BOI report under the rule?

BOI reports are filed through FinCEN's BOI E-Filing portal at boiefiling.fincen.gov, the only official channel. The portal offers online interactive filing, where you complete fields in the browser and upload an identifier document for each owner, and PDF batch filing for services submitting multiple reports. The portal returns a downloadable confirmation PDF that documents compliance. FinCEN charges no fee to file. Anonymousllc.co's BOI Initial Filing service ($150) prepares and submits the report on behalf of foreign reporting companies or owners choosing to file voluntarily.

How does Anonymousllc.co handle BOI under the final rule?

Anonymousllc.co checks each customer's BOI status at intake for free, then files only where a report is required or the customer wants to file voluntarily. The BOI Initial Filing service is $150 flat and covers beneficial-owner intake, portal submission, and delivery of the confirmation PDF. Most Anonymousllc.co customers form domestic LLCs that the March 2025 IFR exempts, so no filing is made and no fee is charged. Foreign reporting companies and voluntary filers get the full submission. Formation itself runs at Anonymous LLC $397 all-in, and the EIN required on a BOIR is included at no extra cost. The BOI Status Tracker records any regulatory change monthly.

Authority sources

Government, regulator, and primary-source documents underpinning this page.

FinCEN
FinCEN Beneficial Ownership Information Portal
https://www.fincen.gov/boi
eCFR
31 CFR 1010.380 - Reports of beneficial ownership information
https://www.ecfr.gov/current/title-31/subtitle-B/chapter-X/part-1010/subpart-C/section-1010.380
Cornell LII
31 USC § 5336 (Corporate Transparency Act)
https://www.law.cornell.edu/uscode/text/31/5336
Federal Register
FinCEN March 2025 Interim Final Rule (90 FR 13688)
https://www.federalregister.gov/documents/2025/03/26/2025-05199/

Related resources

BOI Key Dates Timeline 2024-2026
NFIB v. Yellen Court Documents
Supreme Court Stay on CTA Enforcement

Frequently asked

The FinCEN regulation implementing the Corporate Transparency Act (31 USC § 5336). It defines reporting companies, beneficial owners, company applicants, and the form/content/deadlines of BOI reports filed at boiefiling.fincen.gov.
No. The March 21, 2025 Interim Final Rule (90 FR 13688) exempted domestic reporting companies - US LLCs, US corps, etc. - from BOI reporting. Foreign reporting companies (non-US entities registered in a US state) still must report.
Any individual exercising substantial control or owning/controlling at least 25% of the company. 31 CFR 1010.380(d) defines substantial control broadly: senior officers, decision-makers, and those with power to appoint/remove senior officers.
31 USC § 5336(h): civil penalty $591/day (inflation-adjusted) for ongoing non-compliance, criminal fines up to $10,000, and up to 2 years imprisonment for willful violations. After March 2025, these apply only to foreign reporting companies.
Through FinCEN's BOI E-Filing portal at boiefiling.fincen.gov. Anonymousllc.co's BOI Initial Filing service ($150) handles the filing on behalf of foreign reporting companies or any owner choosing to file voluntarily.
Yes. A US LLC owned by non-residents is a domestic reporting company, which the March 21, 2025 Interim Final Rule exempted from BOI reporting. Only foreign reporting companies - non-US entities registered to do business in a US state - remain obligated.
The March 21, 2025 Interim Final Rule (90 FR 13688) exempted domestic reporting companies from BOI reporting. Before that date, domestic LLCs faced filing deadlines under the Corporate Transparency Act. Anonymousllc.co tracks any further changes on its BOI Status Tracker.
Filing is optional for exempt domestic companies. Some owners file voluntarily for banking or partner due-diligence reasons. Anonymousllc.co's BOI Initial Filing service handles the submission for $150 whether you file voluntarily or as a still-obligated foreign reporting company.
No. BOI reports go to FinCEN's secure database at boiefiling.fincen.gov and are not part of the public record. This is separate from state anonymity - Wyoming, New Mexico, Delaware, and Nevada already keep owners off public state filings.
The March 21, 2025 Interim Final Rule (90 FR 13688) is the operative rule in 2026, effective immediately while FinCEN collects comments toward a further final rule. The domestic exemption stands until that rulemaking concludes. Anonymousllc.co's BOI Status Tracker records any change monthly.

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