31 U.S.C. Sec. 5336 is the Corporate Transparency Act (CTA), which originally required most US business entities to report their beneficial owners to FinCEN. As of a Final Rule effective August 14, 2026, domestic reporting companies are PERMANENTLY exempt from this requirement — FinCEN’s final rule adopted and made permanent the March 2025 interim exemption. Only entities formed under the law of a foreign country and registered to do business in a US state or tribal jurisdiction remain subject to beneficial ownership reporting, and only as to their non-US-person beneficial owners.
The CTA’s underlying constitutionality is still being litigated at the US Supreme Court (National Small Business United v. Bessent; Texas Top Cop Shop v. Blanche, both docketed 2026), but that litigation does not currently affect the validity of the August 2026 exemption — it concerns the statute’s constitutional basis generally, not this specific regulatory carve-out.
Practical effect: for the vast majority of US-domestic small business clients, no BOI filing is currently required, and FinCEN is in the process of deleting previously-submitted US-person BOI data from its database.