Important Update on New Company Reporting Laws CTA – BOI

Small Entity Compliance Guide checklist can help in determining if you fall under an exemption.

Now, let’s move on to more specific questions.

Who is a beneficial owner?

An individual who either directly or indirectly exercises substantial controls or owns 25 percent or more of the reporting company.

What constitutes substantial control?

There are four (separate) ways to exercise substantial control:

  • The individual is a senior officer
  • Has the authority to appoint or remove officers or a majority of directors
  • An important decision-maker (regarding strategic, business, or finance)
  • They have any other form of substantial control as per the FinCEN’s Small Entity Compliance Guide.

Who is a company applicant for a reporting company?

Another of the more perplexing questions revolves around exactly who a company applicant of a reporting company is.

First, only reporting companies created or registered on or after Jan. 1, 2024, need to concern themselves with the company applicant rules; companies formed before are exempt.

There are two possible individuals who could be considered company applicants. One is the person who directly files the documents to create and register the company. This person will always exist and be an applicant of the reporting company. In the case where there were multiple people involved in the filing or registration, the individual who primarily controlled the filing is also considered an applicant.

Thankfully, FinCEN created another handy flowchart to help navigate through this rather confusing decision.

Screenshot from FinCEN website

What about sole proprietorships?

It depends. Sole proprietorships only have to report if the entity was created by filing a document with a secretary of state or similar office. In other words, if you just start freelancing and don’t file anything with a secretary of state office, you are not subject to the reporting requirements. Basically, if you didn’t form an LLC, you don’t need to report. For example, obtaining an employer identification number, a fictitious business name, or a professional or occupational license does not subject you to the FinCEN reporting requirements.

What if my company ceased to exist before the CTA requirements went into effect?

If a company ceased to exist on or before Jan. 1, 2024, then they are NOT subject to the reporting requirements.

Do I have to report more than once?

No, you only have to file an initial report once. There is NOT an annual report. You do, however, need to amend your original filing to update pertinent changes or corrections within 30 days of their occurrence.

What happens if I don’t file a report?

Willful violation can subject one to a fine of up to $500 per day until the violation is resolved. Criminal penalties could also be imposed, resulting in up to two years imprisonment and a fine of up to $10,000.

Conclusion

The FinCEN released its guidance to clarify uncertainties around the new CTA-created reporting requirements. The goal is to ensure full and accurate compliance without undue burden on companies and individuals.

Looking at the Expanded Accounting Equation

Pre-Retirement Planning Guide Health Plan

don’t know – which is why you need a plan.

Medicare

Once you turn 65, Medicare is available to most Americans. The problem is deciding what type of Medicare plan to purchase. Here is an overview:

Medicare Part A – This plan covers hospital stays, skilled nursing, hospice and some home health services. It is free for eligible beneficiaries but caps some benefit coverage and requires a deductible for each inpatient hospital stay. When a hospital stay is longer than 60 days, you’re required to pay a per-day rate – and that can add up.

Medicare Part B – This plan does charge a premium, and you have to buy it in concert with Part A. Part B covers doctor visits, preventive care, screenings, treatments, and medical equipment. It does not cover dental, vision, or hearing care and only pays for procedures deemed medically necessary. This plan also features a much lower deductible than Part A, but beneficiaries are responsible for 20 percent of covered services after the deductible.

Collectively, Parts A and B are what’s known as Original Medicare.

Medicare Part C – This plan is more commonly known as Medicare Advantage (MA). It is a paid alternative that combines coverage from Part A and B, plus offers add-on options for drug coverage, dental, vision, long-term care, etc. Plans vary significantly by insurer and may include any combination of deductibles, copayments, and coinsurance.

Medicare Part D – This plan offers coverage for prescription drugs. It charges a premium determined by your income, and deductibles, copayments, and coinsurance vary by plan. You have the option to purchase a standalone Part D plan when you enroll in Original Medicare.

Medigap – Also known as a Medicare Supplement Plan, this policy is a good idea whether you go for Original Medicare or an MA plan. That’s because it offers coverage for a lot of the gaps in those plans that generate high out-of-pocket expenses, including deductibles and coinsurance.

Long-Term Care

Among Americans who live past age 64, more than two out of three (70 percent) will at some point need long-term care. Whether you hire paid caregivers or move into a long-term care (LTC) residence, the cost of services currently averages between $60,000 and $100,000 a year in the United States. One of the biggest determinants of cost depends on whether you can get by with limited hours of help a day or need full 24-hour care. Note that for those with mobility issues (i.e., they cannot get to and from the toilet by themselves), 24-hour care is more likely.

Long-term care insurance (LTCi) can help you pay for this type of care so that you don’t deplete your savings quickly. This is especially important for couples, in which one spouse may need to enter an LTC residence while the other lives at home, with all the expenses that it entails.

The best time to buy LTC insurance is while you’re still healthy, as it is medically underwritten. The “sweet spot” is around age 55, but anytime in your mid-50s to early 60s is ideal. In most cases, policies are more expensive for women than men because women tend to live longer.

Caveats to Consider

  • Policies typically pay out a limited daily amount, which may not cover the full cost.
  • Policies typically pay out only for a limited period (e.g., 3 to 7 years)
  • A policy may have a lifetime amount cap

All this is to say that you may purchase a generous LTCi policy, but if you outlive its limits, you will need to use your own money to pay for caregiving and/or rely on Medicaid when you run out of funds.

Hybrid Insurance

The biggest risk to purchasing an LTC policy is that you may never need it. Some policies offer a form of premium return, but like most insurance policies, LTCi generally uses it or loses it. To avoid this scenario, another option is to purchase a life + LTC insurance plan – also known as a hybrid policy. It provides a certain amount of life insurance upon death. However, if you need long-term care before you pass away, the policy will allow you to tap that death benefit amount to pay for it. This allows you to use the coverage either for LTC or as a life insurance payout for your beneficiaries.

Plan For These Expenses Now

While everyone is usually thinking about how to pay for household expenses, travel excursions, or a second home in retirement – they often don’t think about a health plan. As you can see, Medicare doesn’t cover everything and those expenses can add up, especially for people who live a long time.

But if you start planning long before retirement, you can contribute to an earmarked account that builds over time and uses that money to pay for medical expenses. The Health Savings Account (HSA) requires enrollment in a high-deductible health plan, whether offered by an employer or purchased on your own. Contributions made to an HSA are tax-free (which reduces taxable income), and the funds can be invested for tax-free growth in a variety of investment options. Withdrawals are also tax-free as long as they are used to pay for eligible healthcare products and services.

Note that HSA proceeds are your money, no matter what. It differs from employer-sponsored accounts such as an HRA (health reimbursement account) or an FSA (flexible savings account) because you have only a limited time to use those funds – then they revert back to the employer. In other words, you can’t access that money once you retire.

7 Reasons You Need a Will

state’s intestacy laws. There’s no guarantee that the state agrees with what you wanted.

Designates Who Gets What

This is one of the most important. If your family includes ex-spouses and/or estranged relatives, having a will helps prevent squabbles. An unhappy relative will think twice about protesting when you have a well-drafted will.

Disinherits People, Too

If you don’t have a will, again, probate courts will distribute your estate based on your state’s intestacy laws, which create a hierarchy of inheritance among your surviving family members. Because families – and life – can be messy, when you have a will, you can specify who doesn’t get parts of your estate. Better still, you can even specify certain people to receive your assets as beneficiaries, who aren’t necessarily relatives. When you’re this specific within a legal document, it can further safeguard your wishes.

Provides For Your Children and Pets

When you have a will, it gives you the power to decide who will care for your children if they’re minors when you pass. If you don’t decide, a court will appoint a guardian. It’s safe to say that most people don’t want this; you know your children best. Since pets are considered property and they can’t inherit, you can make sure your beloved furry family members are adopted by a person or organization that you know and trust.

Specifies the Executor and Administrator of Your Estate

You get to decide who these people are, though sometimes they can be the same person. Generally, their function is to make sure your beneficiaries receive the assets you’ve designated for them. Having these trusted people in place will give you peace of mind. When you don’t have these individuals in place, you give up the control you could have had.

Helps Minimize Estate Taxes

Yes, it’s true. Your family, should they inherit property from you after you’re gone, might have to pay taxes on it. That’s why it pays to look into estate planning tools. When you have a will, you can build these stipulations into it. Just ask your accountant and/or lawyer to help you navigate these waters. It’s well worth it.

These are a just a few of the reasons you need a will. Probably the main reason is that tomorrow isn’t guaranteed. When you’re gone, you’ve missed your opportunity to legally draft your final desires. That’s why, when you’ve set up provisions for all the things you’ve worked so hard for and all the people you leave behind, it’s truly an act of love.

 

Sources

Top 10 Reasons to Have a Will (findlaw.com)

Executor vs. Administrator: What’s the Difference? – Policygenius

Probate – What Is Probate & How To Avoid It | Trust & Will (trustandwill.com)

 

From Likes to Leads: Converting Social Media Analytics into Business Opportunities

U.S. Flag Mandate, Combatting Deepfake Pornography and Legislative Priorities of the Vice President Nominees in 2024 Election

is designed to protect victims of deepfake pornography. It defines civil action as a federal remedy for non-consensual parties who are identifiable in digital forgeries and depicted as nude or engaging in sexually explicit conduct. The bill, which was introduced on Jan. 30 by Sen. Richard Durbin (D-IL), passed unanimously in the Senate on July 23. It goes to the House next, where a similar bill has been introduced.

 

Congress is not in session Aug. 5-30, as members return to their districts. 

Accounting for Convertible Debt Instruments