Do I Have to File a BOI Report With FinCEN in 2026?

No, if your LLC was formed in the United States. Since a March 2025 FinCEN rule, only companies formed under a foreign country's law and registered to do business in a US state file the Beneficial Ownership Information report. A US-formed LLC, even one owned entirely by a non-resident, is exempt, and so are its owners.

That is the opposite of what most people still believe, and the confusion is understandable, because the rule genuinely used to say something else.

Compliance

Stay in good standing.

Annual reports filed on time, every year.

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01What Changed in the BOI Rule in March 2025?

The Corporate Transparency Act originally required nearly every US company, domestic or foreign-owned, to report its beneficial owners to FinCEN. On March 26, 2025, FinCEN issued an interim final rule that redefined "reporting company" to mean only entities formed under a foreign country's law that have registered to do business in a US state or tribal jurisdiction. Every entity formed in the US, and every US person, was removed from the reporting requirement entirely.

That is a narrower scope, not a delay or a suspension. Domestic companies did not get more time to file. They stopped being required to file at all.

02Who Still Has to File a BOI Report?

Only entities formed under foreign law that then register to do business in the United States, for example a company incorporated abroad that opens a US branch or registers as a foreign entity in a US state. Their deadlines: if that registration was effective before March 26, 2025, the report was due April 25, 2025. If it becomes effective on or after that date, the report is due 30 calendar days after the registration takes effect.

03Why Do So Many Owners Still Think They Must File?

Because the original rule was loud and the correction was quiet. Founders who formed a US LLC in 2023 or 2024 read, correctly at the time, that every company had to report by January 1, 2025. That deadline was widely covered. The March 2025 reversal that exempted them got far less attention, so a lot of non-resident owners are still budgeting time and money for a filing that no longer applies to them, or worse, paying a service to file something FinCEN does not want from them anymore.

Does This Exemption Apply to My Foreign-Owned Delaware or Wyoming LLC?

Yes. The exemption is based on where the company was formed, not who owns it. A Delaware or Wyoming LLC is a domestic entity regardless of whether its owner lives in Bogota, Madrid, or Mumbai, so it falls outside the reporting company definition entirely.

What Happens If I Already Filed Before the Rule Changed?

Nothing happens, and nothing further is owed. An earlier filing made under the old rule does not create an ongoing obligation now that domestic companies are exempt, and there is no penalty for having filed when it was still required.

Compliance

File your BOI report.

Beneficial ownership, filed with FinCEN.

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04What Should a Non-Resident Owner Actually Do Now?

• Confirm your LLC was formed in the US, which almost always means the BOI report does not apply to you.
• Ignore outdated guides, including ones from 2024, that still describe the pre-2025 universal filing requirement.
• Keep filing the obligations that did not change: Form 5472, the state annual report, and any franchise tax your state charges.
• If your structure includes a foreign-formed entity registered in the US, confirm that entity's specific filing status separately.

05How Does Prodezk Track This for You?

Compliance rules move, and BOI is proof of how fast. We track FinCEN's actual current requirements, not the version that was true two years ago, and we tell founders plainly when something no longer applies to them instead of letting old advice cost them time. Begin here and an advisor confirms exactly what your company owes, and what it no longer does.