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Government Wins, Private Businesses Lose

An appellate court today ruled in favor of the federal government in reversing a nationwide injunction against the Corporate Transparency Act. The decision means that the CTA’s reporting requirements are now back in full effect, giving the approximately 20 million entities who have not yet submitted their filings just a few days to do so.

The injunction that’s currently in place was ordered by a Texas court which found that the CTA is “likely unconstitutional” and that Congress went beyond its authority in enacting the statute. The government quickly requested that the injunction be stayed pending a final ruling.

In

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2024-12-23T21:11:48+00:00December 23, 2024|

S-Corp Files CTA Amicus Brief

The S Corporation Association filed an Amicus brief yesterday in support of the nationwide injunction on enforcement of the Corporate Transparency Act.

With the filing deadline just days away, and millions of covered businesses not having yet filed, the importance of keeping this injunction in place cannot be overstated – a concern that is compounded by the fact that the 1-year delay provision moving through Congress is now stalled as lawmakers fight over the contents of the year-end spending bill.

Yesterday’s brief, filed on behalf of the S Corporation Association and the Private Investor Coalition, makes the case for keeping the

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2024-12-19T17:13:51+00:00December 19, 2024|

Main Street Still Fighting for CTA Delay

Today more than 100 trade associations joined with S-Corp in asking lawmakers to pass a Continuing Resolution bill that includes language delaying the Corporate Transparency Act’s reporting deadline. The effort was mounted following reports that some House members were seeking to strip the provision from the broader package, a move that would needlessly expose millions of law-abiding business owners and employees to stiff fines and penalties.

As the letter makes clear, a one-year delay is critical and would provide much needed relief and certainty to businesses, give federal regulators more time to execute affected entities, and allow various legal challenges

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2024-12-18T22:18:50+00:00December 18, 2024|

CTA Delay in Funding Bill

Big news for S corporations and other businesses covered by the Corporate Transparency Act – draft text of the negotiated legislation, which was released earlier today, includes a one-year delay of the Corporate Transparency Act’s (CTA) reporting requirements.

That means many businesses covered by the CTA – specifically those that existed prior to 2024 – will have an extra year to file their Beneficial Ownership Information reports. It’s a commonsense approach that S-Corp and its allies have pushed for over the last several years and, if enacted this week, will give 30 million businesses some much needed certainty heading

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2024-12-17T23:14:19+00:00December 17, 2024|

CTA Update | December 16, 2024

Notable Developments

  1. WSJ Highlights Legislative Effort
  2. Carol Roth on the Need for Certainty
  3. Is FinCEN Complying with the Injunction?

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Legislative Update

Draft text of a Continuing Resolution – which Congress has to pass before Saturday to avoid a government shutdown – is expected to be released today, and many are watching closely to see if it includes a one-year pause of the CTA.

With the filing requirements currently on hold thanks to a Texas court ruling, why does Main Street still need a delay? Here are Caleb Kruckenberg and Andrew Grossman – who have both helped lead the legal battle against

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2024-12-16T22:36:25+00:00December 16, 2024|