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BOI reporting for US LLCs (at least) temporarily suspended

c'mon let's make USA tax haven again!


@lagloriacubana


BOI_RC_Flow_Chart.webp
 
yeah they have an america first investment policy going on and it's going to be interesting, but it's mainly focus on China china china being the enemy:
https://www.whitehouse.gov/presidential-actions/2025/02/america-first-investment-policy/

"America’s investment policy is critical to our national and economic security. Welcoming foreign investment and strengthening the United States’ world-leading private and public capital markets will be a key part of America’s Golden Age. The United States has the world’s most attractive assets, in technology and across our economy, and we will make it easier for our overseas allies to support United States jobs, United States innovators, and United States economic growth with their capital."

" (h) The United States will continue to welcome and encourage passive investments from all foreign persons. These include non-controlling stakes and shares with no voting, board, or other governance rights and that do not confer any managerial influence, substantive decisionmaking, or non-public access to technologies or technical information, products, or services. This will allow our cutting-edge businesses to continue to benefit from foreign investment capital, while ensuring protection of our national security."

About BOIR
trump talks about american citizens in the post below, but then goes saying "american businesses too"... so who knows.

GlFQqzSXIAAZI4C
 
yeah they have an america first investment policy going on and it's going to be interesting, but it's mainly focus on China china china being the enemy:
https://www.whitehouse.gov/presidential-actions/2025/02/america-first-investment-policy/

"America’s investment policy is critical to our national and economic security. Welcoming foreign investment and strengthening the United States’ world-leading private and public capital markets will be a key part of America’s Golden Age. The United States has the world’s most attractive assets, in technology and across our economy, and we will make it easier for our overseas allies to support United States jobs, United States innovators, and United States economic growth with their capital."

" (h) The United States will continue to welcome and encourage passive investments from all foreign persons. These include non-controlling stakes and shares with no voting, board, or other governance rights and that do not confer any managerial influence, substantive decisionmaking, or non-public access to technologies or technical information, products, or services. This will allow our cutting-edge businesses to continue to benefit from foreign investment capital, while ensuring protection of our national security."

About BOIR
trump talks about american citizens in the post below, but then goes saying "american businesses too"... so who knows.

GlFQqzSXIAAZI4C
So Would a foreign owned US LLC need to report BOI ? Trump says "US CITIZENS"
 
So Would a foreign owned US LLC need to report BOI ? Trump says "US CITIZENS"
Under scheme which was provided by @marioIT US LLC even if owned by foreign shareholder is not considered foreign reporting company as it would be incorporated under US/US state laws.

However, I'd wait for final FinCEN rulemaking to see whether this position would remain unchanged.
 
Exempt - no, because the law was not cancelled.

But the punishments for not doing it have been removed. So you are basically breaking a law that has no fines/repercussions for not being followed.
I'm curious what the point of that is. If Trump changed the law to remove punishment, why not just remove the law?
 
I'm curious what the point of that is. If Trump changed the law to remove punishment, why not just remove the law?
Well, Musk seemingly wanted to do it quickly, since it was cancelled less than 1 business day after he replied to a tweet requesting for it to be done.

I am not an expert on this area of law in general but it could be that Trump has the ability to remove the punishments with his decree while he couldn't do so to cancel the whole law, or maybe it was just simpler to arrange this way.

But yes, it seems like a bit strange of an approach
 
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Also note that sometimes, it is better to have a law and just not care about it, than not have a law. You just make it onto grey lists much faster if you do not have compliant laws. If your country is unable to enforce it, you may still refer to the laws and ask others for money to eventually enforce it.
 
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