Status: FinCEN's final rule has been in force since August 14, 2026
Under a final rule from FinCEN, the Treasury bureau that collected beneficial ownership information (BOI) reports, companies created in the United States, and their owners, are exempt from federal BOI reporting. FinCEN announced the rule on August 11, 2026, and it took effect on August 14, 2026. The exemption covers LLCs, corporations and other entities created by filing with a U.S. state or tribe. An entity formed under the law of another country (not another U.S. state) and registered to do business in a U.S. state or tribal jurisdiction is still a reporting company unless another exemption applies. It files within 30 days after it receives notice that its state registration is effective, and it reports only non-U.S. persons who are beneficial owners or company applicants. The Corporate Transparency Act itself remains in the law; the exemption comes from FinCEN's rule, not a change to the statute. This area has changed several times since 2024. This section describes federal BOI reporting only, not state filings or other ownership-disclosure requirements.
General information about FinCEN's federal rule, not legal advice about any particular company. Last checked October 19, 2026 against FinCEN's beneficial ownership page and the Federal Register (91 FR 52508). Rules in this area have changed several times; fincen.gov/boi shows current status.
"Holding company" gets used loosely — sometimes to describe any entity that owns other entities or investments rather than operating a business directly. Under FinCEN's rule, being a holding company is not what decides the federal BOI question; where the entity was created is. Our Corporate Transparency Act Definitive Guide covers the exemption categories and the underlying "beneficial owner" and "substantial control" definitions; our Holding Company guide covers why people form holding companies in the first place. This page focuses narrowly on where a holding company structure intersects with the Corporate Transparency Act.
Being a Holding Company Is Not the Test
Under FinCEN's rule, what matters is where the entity was created, not where its owners live. An LLC or corporation created in the U.S. is exempt from federal BOI reporting, and so are its owners, even if the owners live outside the U.S. An entity formed under the law of another country (not another U.S. state) and registered to do business in a U.S. state or tribal jurisdiction is a reporting company unless another exemption applies. Its initial report is due within 30 days after it receives notice that its state registration is effective, and updates are due within 30 days after a change. It reports only non-U.S. persons who are beneficial owners or company applicants.
FinCEN's BOI page (fincen.gov/boi) links to FinCEN's filing system and its exemption checker. Whether a particular entity is a reporting company, or fits another exemption, depends on its own facts and is a question for a licensed attorney or other qualified adviser.
General information about FinCEN's federal rule, not legal advice about any particular company. Last checked October 19, 2026 against FinCEN's beneficial ownership page and the Federal Register (91 FR 52508). Rules in this area have changed several times; fincen.gov/boi shows current status.
Other Exemptions Are Looked at Entity by Entity
Whether a particular holding company fits an exemption other than the one for entities created in the U.S. depends on its own facts. The categories of exempt entities are listed in our CTA guide.
The Practical Takeaway for Holding Companies
"We're a holding company" is not what decides the federal BOI question. What matters under FinCEN's rule is where the entity was created. For which entities are exempt, which are still reporting companies, and how the rule has changed since 2024, see our BOI Reporting Hub.
Where to Go Next
- BOI Reporting Hub — which entities are exempt, which are still reporting companies, and how the federal rule has changed since 2024.
- Is the CTA Still in Effect? Current BOI Status — the timeline of how federal BOI reporting reached its current status.
- Corporate Transparency Act (CTA) Definitive Guide — the Corporate Transparency Act in full, with the original 2024 rule kept as history.
- Holding Company guide — why and how to structure a holding company over multiple LLCs.