Bookmark this page for updates about the BOI appeal process. We will update this page with documents from the 5th circuit appeal as they become available.
Jan 3rd 2025 – U.S. Supreme Court
CRITICAL UPDATE: Supreme Court Actions BOI Filing – Justice Samuel Alito Requests a Response by 01/10 from Texas Top Cop Shop to DOJ’s Request
The U.S. Supreme Court has officially commenced its involvement in the Corporate Transparency Act case brought forward by the Department of Justice this week with a new request by Justice Samuel Alito .
The Supreme Court has set a 4 p.m. deadline on January 10, 2025, for the plaintiffs in Texas Top Cop Shop to address the Department of Justice’s motion for a stay. This expedited timeline indicates that the Court is actively considering whether to lift the preliminary injunction currently halting the enforcement of BOI reporting requirements under the Corporate Transparency Act (CTA) with an expedited timeline.
A decision on the stay could potentially follow as early as the week of January 13, 2025, providing clarity on the immediate future of these reporting requirements. Should BOI reporting requirements go back into effect with a stay from the Supreme Court in mid-January, it’s likely that FinCEN would only extend filing deadlines until approximately the end of January based on prior extensions. It’s important to watch next updates closely.
Jan 1st 2025 – U.S. Supreme Court
CRITICAL UPDATE: DOJ Files with Supreme Court to Request a Stay
On 12/31, the U.S. Department of Justice (DOJ) has filed an emergency application with the Supreme Court seeking a stay of a district court’s nationwide injunction blocking enforcement of the Corporate Transparency Act (CTA). The DOJ argues the injunction disrupts efforts to combat financial crimes, protect national security, and maintain compliance with international standards. It requests that the Court either stay the injunction entirely or narrow its scope to cover only the plaintiffs in the case, emphasizing the CTA’s critical role in enabling law enforcement and national security operations. Decisions on emergency stay applications at this level are often made quickly—within days or weeks—especially when enforcement of laws is halted nationwide.
Dec 26th 2024 at 7pm – U.S. Court Of Appeals, Fifth Circuit:
Appeals Court Vacates the Stay Ahead of Expedited Oral Arguments
On December 26, 2024, the United States Court of Appeals for the Fifth Circuit vacated its December 23 stay that had temporarily restored enforcement and deadlines for the Corporate Transparency Act (CTA) and its Reporting Rule. This decision halts enforcement of the CTA (again) and maintains the district court’s nationwide injunction while the appellate court’s merits panel considers the substantive constitutional arguments on an expedited basis. FinCEN has updated their website to reinstate the “voluntary filing” language and continues to accept filings.
Any of the following could restore the stay and enforcement of the CTA:
Dec 23rd 2024 – U.S. Court Of Appeals, Fifth Circuit:
FinCEN Publishes Updated Deadline of Jan 13th
FinCEN released an update communicating that all reporting companies must resume filing beneficial ownership information (unless otherwise noted) and the Department of the Treasury recognizes the challenges caused by the recent injunction, thus the following deadline extensions apply:
Pre-2024 Existing Companies: Companies created or registered before January 1, 2024, must file their initial beneficial ownership reports by January 13, 2025 (instead of the original January 1, 2025 deadline).
September 4–December 23 newly-formed Companies: Companies created or registered on or after September 4, 2024, that had a filing deadline between December 3 and December 23, 2024, must file by January 13, 2025.
December 3–23 newly-formed Companies: Companies created or registered between December 3 and December 23, 2024, have an additional 21 days beyond their original filing deadline to submit their initial reports.
Disaster Relief: Companies qualifying for disaster relief may have deadlines beyond January 13, 2025; they should follow whichever deadline is later.
Dec 23rd 2024 – U.S. Court Of Appeals, Fifth Circuit:
CRITICAL UPDATE: The Fifth Circuit granted a temporary stay of the nationwide injunction against the Corporate Transparency Act (CTA), upholding its reporting requirements pending expedited appeal, with no mention of deadline extensions.
The Fifth Circuit Court of Appeals granted the government’s motion for a temporary stay of a district court’s nationwide injunction that blocked the Corporate Transparency Act (CTA) and its reporting requirements. The Fifth Circuit found the government likely to succeed in defending the CTA’s constitutionality and highlighted the public interest in combatting financial crimes. The appeal has been expedited for the next available oral argument panel in January.
Dec 19th 2024 – U.S. Court Of Appeals, Fifth Circuit:
FinCEN and DOJ File Their Final Arguments for the Stay of Injunction. If Granted, A Judicial Stay Could Lift the Injunction in the Coming Days.
FinCEN and DOJ file the below. The Fifth Circuit is reviewing an appeal related to the Corporate Transparency Act (CTA) as the government seeks an emergency stay of a lower court’s injunction. The government argues the CTA is a constitutional regulation of commercial entities and necessary for combating financial crimes like money laundering and terrorism financing. If the stay is granted, BOI filing requirements would be reinstated, but FinCEN’s approach to compliance deadlines remains uncertain. A ruling on the stay is most likely to happen anytime between 12/20 and 12/27.
Dec 18th 2024:
(Updated 12/23) National Spending Bill Mentioned Corporate Transparency Act Deadlines but this was removed.
The spending bill includes an amendment to extend the filing deadline for certain pre-existing reporting companies under the Corporate Transparency Act, changing the deadline to January 1, 2026, for companies established before January 1, 2024. This bill encompasses various provisions aimed at addressing regulatory updates, funding allocations, and operational directives across different government sectors and is moving ahead to keep the government funded. The addition of this language provides some baseline as to how deadlines for the CTA may adjust.
Dec 18th 2024 – Texas Eastern District Court:
The United States District Court for the Eastern District of Texas denied the government’s request to stay a preliminary injunction that halts the nationwide enforcement of the Corporate Transparency Act (CTA) and its reporting rule. This outcome was predictable, as the same judge who issued the original injunction based on constitutional grounds has now reaffirmed the decision by denying the stay request. The U.S. Court Of Appeals, Fifth Circuit upcoming ruling on this stay is more important to track as a next step.
Dec 16th 2024 – U.S. Court Of Appeals, Fifth Circuit:
The Fifth Circuit Court of Appeals has requested that the Appellees file a response to the government’s motion for a stay pending appeal by December 17, 2024, at 5:00 PM, and the Appellants (the government) file a reply by Thursday December 19, 2024, at 12:00 NOON. This update seems to indicate the court may try to rule on a potential stay of the order blocking CTA this week on Friday.
Dec 13th 2024 – U.S. Court Of Appeals, Fifth Circuit:
The government has filed an appeal, requesting a decision by December 27, 2024, to reverse a district court’s nationwide injunction blocking the Corporate Transparency Act (CTA) ahead of the January 1, 2025, compliance deadline. The appeal argues the CTA falls within Congress’s powers to regulate commerce and is essential for combating financial crimes like money laundering and terrorism financing. The government emphasizes that the balance of harms strongly supports maintaining the law’s reporting requirements while litigation proceeds.
Dec 12th 2024 – Texas Eastern District Court:
The U.S. District Court for the Eastern District of Texas has outlined a timeline for addressing the government’s request to stay the preliminary injunction on the Corporate Transparency Act (CTA). The court has given plaintiffs until December 16, 2024, to respond, ensuring due process is followed before a decision is made. This structured approach balances the urgency of the government’s appeal with procedural fairness as the January 1, 2025, compliance deadline approaches.
Tired of waiting? Get ready for filing client BOI reports. In your demo, we’ll show you how FincenFetch helps you file reports in minutes and manage automated ongoing BOI reporting and CTA compliance for clients.
