Latest / The Millionaire Dentist™ / BOI Breakdown: What the New Reporting Rules Mean for Your Practice
Transcript
- 0:03Hello, everyone, welcome to The Millionaire Dentist podcast, brought to you by
- 0:07four Quadness Advisory. On this podcast, we break down the world of dentistry,
- 0:12finances and business practices to help you become the millionaire dentists you deserve to
- 0:16be. Please be advised we do speak with an honest tongue and may not
- 0:20be safe for work. Hello and welcome to another episode of The Millionaire Dentist.
- 0:27My name is Jared Bridgeman. I'll be your host today. Casey is
- 0:30out greeting fans and holding babies and all kinds of stuff, so instead I've
- 0:36brought in the world famous Steve Levy pipes. Over the weekend we had our
- 0:41holiday party here for the company, and at one point the karaoke machine came
- 0:45out and Steve a couple of songs for Steve. What you sing? I
- 0:49sang Let's Stay Together by Al Green and have yourself from Mary Little Christmas and
- 0:55you killed it, Thank you, and just keep Mike's away because it's too
- 0:59tempting. So I'm gonna go off. So that's right, that's right,
- 1:03Steve. You wanted to come and talk today, specifically about BOI, which
- 1:08is an acronym I've heard thrown around before, but I'm not super familiar with
- 1:12what is BOI what does that those letters stand for? So they it stands
- 1:17for Beneficial Ownership Information, okay, and so what does that mean? What
- 1:22is that? Back in twenty twenty one, Congress passed what's called a Corporate
- 1:27Transparency Act, and the law created a new beneficial Ownership information reporting requirement as
- 1:34part of they say the US government's efforts to make it harder for like bad
- 1:38actors to kind of hide or benefit from ill gotten gains. This is direct
- 1:44from them through shell companies or other strange opaque ownership struck. Okay, And
- 1:51would you say this game into effect? Was passed in twenty twenty one and
- 1:57twenty twenty four is when it's come to effect really anyway, it really is.
- 2:01It's not off the presses. So most companies will have to do this
- 2:07report, this filing, and basically for those that typically have twenty five percent
- 2:12or more of ownership of some entity, they're going to have to provide their
- 2:16full legal name, data, birth, residential address, a number from their
- 2:23passport or driver's license, and an actual copy of that passport or driver's license.
- 2:28So this may not This doesn't pertain to like a minority owner who owns
- 2:31like a percentage, right, if it's tiny, Yeah, it's not going
- 2:36to be then so and so would that be considered the exceptions? Are there
- 2:38any other exceptions to to who may rent the report with us? Yeah,
- 2:42there are a few. There's like twenty three listings of exceptions. Some of
- 2:47the main ones are those that make larger operating companies. So if they've reported
- 2:55five million in grocery sipts on a prior your federal income tax returns, that's
- 3:02one that they can get out of the filing. Maybe a large company lobby
- 3:08or that was able to get that through. Tax Exempt entities are also those
- 3:14that don't have to file and then so tax exemps. Would that be like
- 3:16a non for profit profit? Yeah, that's another. And then another one
- 3:21kind of to note is if you've got an LLC that you've created that really
- 3:25hasn't done much at all, and lcs are roped into this as well as
- 3:30really any kind of energies except for a soul prop If you've registered with the
- 3:36Secretary of State for an enemy, then you're kind of on the hook unless
- 3:40you have a super inactive energy that really hasn't done much at all. Okay.
- 3:46So let's say somebody out there has a them or their wife, spouse,
- 3:52whatever, may have a small side business as an LLC. Let's say
- 3:55they do they sell I don't know, dolls clothing on Etsy. Yeah,
- 4:00they're still on the hook for this, I absolutely are. Okay, even
- 4:02if they made twelve bucks last year, really really minimal activity will require you
- 4:09to file this. So okay, it's usually well, one thousand or less
- 4:13is sort of the threshold. If you haven't done one thousand and a year,
- 4:19then you don't have to file. But okay, thousands sort of the
- 4:21threshold. Okay, okay. And so if I fall into this preview here,
- 4:27if I have to report this in twenty twenty four, when does that
- 4:30start? When do I need to report? Right? So, if you've
- 4:33had an entity that existed prior to two thousand the end of twenty twenty three,
- 4:41then you have to file this report by January first, two thousand and
- 4:48twenty five. Oh okay, so we have a full full year. Yeah,
- 4:53and they actually haven't gotten things together yet for how to file it.
- 5:00The expectation is that Finsen, who's the financial crimes enforcement network, the ones
- 5:06that will administer this. They're going to set up a website for people to
- 5:11file there. Optimally, they'll also have softwares like what we use that will
- 5:16allow to file on clients behalf as well. So they're still developing it.
- 5:21But is this something that I, as a business owner I have to go
- 5:27and find and do I mean or is this something I will receive something in
- 5:31the mail about or you know, I wouldn't count on that, so we
- 5:35need Yeah, some interneyes might not be on the radar for it's a subdivision
- 5:42of the Department of Treasury, and so that's one entity that was in existence
- 5:49prior to twenty twenty four. If you've created an entity in twenty twenty four,
- 5:57you actually have ninety days from the time of creation to get the filing
- 6:01in. Now, if you've created an entity in twenty twenty five, you
- 6:05have thirty days. And then if you've had a change, like say a
- 6:10sale, this is pretty permanent. This is yeah, yeah, it said
- 6:15it was bipartisan support for it, and so it's probably going to be around
- 6:19for a while. Let's say something has changed regarding the information since reporting,
- 6:26how does that work out? Well, then you've got ninety days from the
- 6:31time that change. Now it's either an ownership name change what right, like
- 6:38an entity change and pretty much a change in what you reported previously, which
- 6:44you don't have to report a whole lot. It's basically the entity and information
- 6:46about the owner. Well, let's say you you sold thirty percent of your
- 6:50company that has to be reported. Yeah, yeah, and then the new
- 6:55person has to report on their side too, exactly. Yeah, ok so
- 6:58there's changes and then the new owner reporting. So this would definitely be this
- 7:02is filing based upon the actual owner itself and not so much the company.
- 7:06Like again, because each person has twenty five or more ownership needs to have
- 7:12this completed. That's right now, it's really going to be they can they
- 7:15say they can go after either one. If there's a non compliance for this.
- 7:20Oh boy, yeah, they don't mess around and fincent So let's just
- 7:24say I don't want to do this. What if I'm I don't want to
- 7:28report on this work? Uh so, what's the punishment? Okay, well
- 7:32that there is a pretty stiff punishment for that. They've said that. Okay,
- 7:36if you if you if it was more accidental as far as uh,
- 7:41not doing it, then okay, you have ninety days to kind of correct
- 7:46that mistake or omission, So no big deal. Now, if if they
- 7:50find that you're willfully violating those reporting requirements, right, civil penalties of up
- 7:57to five hundred dollars a day that the violation occurs, and you can also
- 8:01be subject to criminal penalties of up to two years imprisonment and a fine of
- 8:05up to ten thousands. So they're not messing around here at all. And
- 8:09this is typical from this type of reporting. Right now, we have reportings
- 8:15of foreign bank accounts that if people have ten thousand or more in foreign bank
- 8:20accounts, it's also a similar filing, similar penalties, and it's kind of
- 8:26under that same umbrella. But yeah, they don't mess around. They really
- 8:31want this. It's hopefully they'll make it easy to file so that it's not
- 8:35an education right And really they're actually putting up a bunch of frequently asked questions
- 8:41really as late as last week because there's so many questions on this, so
- 8:46you can go to the fins end website and look at those. They'll be
- 8:52updated. Last update was December twelfth. As people are thinking about this and
- 8:58they're going to continually update based on questions people have. So, in terms
- 9:03of getting the most time available to work on this report, would you suggest,
- 9:07if you're going to start in any entity, do it the next week
- 9:09versus like the first week. Yeah, I would say, yeah, squeeze
- 9:13it in. And and we've had questions, do you have to file by
- 9:16the end of this year? No, don't worry about filing. But hey,
- 9:20what I've seen questions where people have wanted to restructure things, like,
- 9:24let's say they have an inactive entity. They're thinking about closing it so they
- 9:28don't have to worry about that. Now, you know, there's different reasons
- 9:31to do that, but this might be one. They're like, no,
- 9:33I don't there's there's planning going on before the end of the year. Now
- 9:39it's it's just a simple filing. It's not the typical practice owner. Yeah,
- 9:43I one hundred percent, I'll file it a big deal. It just
- 9:48kind of sits there until something major changes, right, right exactly. Yeah,
- 9:54there hasn't been that's a good question on that, because there hasn't really
- 9:58been anything as far as an annual filing. It's just sort of there.
- 10:01They don't say like some other filings that it's an annual one. Now that
- 10:07might change, but that's what it is right now. That information gets reported
- 10:11to to the government. There who can access that information, that's a great
- 10:15question. So it's not your neighbor or anyone that there's not a database of
- 10:22this online. No, So what they say is that they allow federal,
- 10:30state, and local governments as well as I guess certain they say certain foreign
- 10:35officials who submit request through a US government agency to obtain this information for authorized
- 10:43activities related to national security, intelligence, and law enforcement. So that's what
- 10:48kind of drives that. They also say financial institutions will have access to that
- 10:52in certain circumstances with the consent of the reporting company, because banks have to
- 10:58it's another way to verify that, Okay, this person is who they say
- 11:03they are, but that in that instance they have to get consent of the
- 11:07reporting company for that. Stee, I wanted to thank you so much for
- 11:11coming in today. If if, if you're not a client of ours,
- 11:16it's probably best to if you haven't heard about this yet, to reach out
- 11:20to your your c P. A. Yeah, absolutely, and and go
- 11:22on www dot FinCEN dot gov forward slash b o I it's right there,
- 11:28Okay, and then, of course, if you are a client of ours,
- 11:33Steve, you're gonna be taking care of the stuff. Mark. That's
- 11:35very sure. That's right, We're on it. That's right, Steve.
- 11:39Thank you so much for coming in today. I wanted to wish everybody out
- 11:41there happy holidays and happy New Year. We're gonna be taking a break after
- 11:46this week since I will not be here. I'll be on vacation with my
- 11:50kiddos. After that we'll be back and we'll be visiting some new areas and
- 11:56spreading the good word. Will be in Book of Raton in January, and
- 12:00then in February we will be in San Antonio. So thanks again, Steve.
- 12:03All right, that's all the time we have today. Thank you to
- 12:07our guests for their insight and for sharing some really great information, and thank
- 12:11you to you the listener for tuning in. The Millionaire Dennis Podcast is brought
- 12:15to you by four Quadrance Advisory to see if they might be a good fit
- 12:18for you and your practice. Going over to four Quadrantsadvisory dot com and see
- 12:22why year after year they retain over ninety five percent of their clients. Thank
- 12:26you again for joining us, and we'll see you next time