Arkansas Democrat-Gazette

Corporate Transparen­cy Act webinar set

- MARY HIGHTOWER

Many farms and small businesses that must comply with the Corporate Transparen­cy Act seem to be unaware of its existence and its requiremen­ts, according to attorneys for the National Agricultur­al Law Center.

The Corporate Transparen­cy Act was passed in 2021 with a goal of cracking down on shell companies and preventing money laundering, said Elizabeth Rumley, senior staff attorney at the National Agricultur­al Law Center. Reporting required by the law began Jan. 1, 2024, and is expected to affect more than 32 million businesses.

The NALC will host a webinar on March 20 at 11 a.m., called “Small Entities Must File: Navigating the Corporate Transparen­cy Act’s New Reporting Requiremen­ts,” presented by Kristine Tidgren, an adjunct assistant professor in the Agricultur­al Education & Studies Department at Iowa State University and the director for the Center for Agricultur­al Law and Taxation. Tidgren’s work focuses on studying and interpreti­ng laws impacting the agricultur­al industry. In particular, she focuses on agricultur­al taxation.

Center staff like Elizabeth Rumley and fellow senior staff attorney Rusty Rumley are trying to raise awareness of the law and the implicatio­ns for non-compliance.

“Within the past couple of weeks, Rusty was at a conference speaking to a group of about 100 farmers in Louisiana, and I did the same to about 75 farmers in Minnesota,” Elizabeth Rumley said. “Not a single person in either group had heard of the Corporate Transparen­cy Act.”

The Corporate Transparen­cy Act covers a wide range of domestic and foreign business entities created or registered in the United States, including LLCs, limited partnershi­ps, corporatio­ns and some trusts. There is no exception for small businesses, and no exception for agricultur­e.

“Because of this act, many business entities will be required to file a report with the federal government disclosing informatio­n on individual­s with a ‘beneficial ownership interest’ in the entity,” Elizabeth Rumley said. “Entities created before this year have

until Jan. 1, 2025, to come into compliance with the new reporting requiremen­ts. Entities created or registered in 2024 have 90 days to complete the reporting process,” she said.

Under the law, a “beneficial owner” includes individual­s who own or control at least 25 percent of the company’s ownership interests. It also includes individual­s who directly or indirectly exercise substantia­l control over the company’s operations, such as senior officers, general counsel or members of the board of directors.

Penalties for failure to report range from $500 to $10,000 for each day of non-compliance and can include not only civil but also — potentiall­y— criminal charges.

The online portal for submitting CTA disclosure­s is live and can be found at the Financial Crimes Enforcemen­t Network site.

To learn more about the CTA and its reporting requiremen­ts, read “Small Entities Must File New Beneficial Ownership Informatio­n Reports in 2024” from NALC partner Center for Agricultur­al Law and Taxation at Iowa State University.

To learn about extension programs in Arkansas, contact a local Cooperativ­e Extension Service agent or visit www. uaex.uada.edu.

Mary Hightower is with the University of Arkansas System Division of Agricultur­e.

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