BOI Report for Non-Resident Wyoming LLC

• FinCEN's Interim Final Rule (RIN 1506-AB75, March 26, 2025) removed BOI reporting requirements for domestic US entities.
• Domestic LLCs (formed under any US state's law, including Wyoming) are exempt.
• Foreign entities (formed outside the US but registered to do business in a US state) may still be subject to BOI requirements.
• The rule responded to litigation challenging the Corporate Transparency Act on constitutional grounds and a Treasury policy reversal under the prior administration.
• The rule is "interim final", meaning it took effect immediately but can be modified through additional rule-making.
• FinCEN issued accompanying guidance clarifying that domestic LLCs are not "reporting companies" under the revised framework.

1. January 1, 2021: Corporate Transparency Act (CTA) signed into law as Title LXIV of the National Defense Authorization Act for Fiscal Year 2021. Required all US entities to report Beneficial Ownership Information to FinCEN.
2. September 30, 2022: FinCEN issued final regulations implementing BOI reporting. Effective January 1, 2024.
3. 2024: Implementation began. Multiple lawsuits challenged the CTA on Tenth Amendment and Fifth Amendment grounds.
4. December 2024: Federal court injunctions began halting enforcement. NSBA v. Yellen and related cases issued preliminary injunctions.
5. February 2025: Treasury Department announced it would not enforce BOI against US citizens or domestic entities, citing policy concerns and ongoing litigation.
6. March 26, 2025: FinCEN issued the Interim Final Rule formally exempting domestic US entities from BOI reporting.
7. Current (May 2026): Domestic Wyoming LLCs are exempt. Foreign entities registered in US states may still need to file. WyomingLLC monitors for changes.

• If you formed a Wyoming LLC with WyomingLLC: your entity is domestic (formed in Wyoming under Wyoming law). No BOI required.
• If you have a non-US company that registered as a foreign entity in a US state: BOI may still apply. Check with FinCEN guidance for your specific structure.
• The exemption can be reversed by future rule-making or legislative action. We monitor and notify customers if status changes.
• State-level BOI: Wyoming does not have a state BOI requirement. Some states (New York, California) have implemented their own beneficial ownership disclosures, but Wyoming is not among them.
• Practical effect: there is currently no government registry, federal or state, listing who owns a Wyoming LLC.

WyomingLLC tracks FinCEN announcements, federal litigation, and Treasury policy on BOI. If any of the following happens, we will email every customer:

• FinCEN reverses or modifies the March 2025 Interim Final Rule
• Congress passes new BOI legislation
• Federal courts rule on pending CTA litigation in a way that affects domestic entities
• Wyoming or any state implements state-level beneficial ownership reporting
• Treasury Department reverses its enforcement policy

If BOI reporting becomes required again, we will offer a BOI filing add-on through our compliance partners. FinCEN provides a standard BOIR e-filing portal at boiefiling.fincen.gov; we automate the submission with the data you provide. Expected pricing if required: $49 to $99/year.

Combined with Wyoming's state-level privacy (members not listed publicly on Articles of Organization or any state filing), the federal BOI exemption means there is currently no government registry, federal or state, listing who owns a Wyoming LLC. Banks and the IRS know via KYC and EIN application, but the public and other government agencies do not. This is the strongest privacy position for a non-resident LLC owner in 2026. Even if BOI returns later, the rule typically applies prospectively (going forward) and the historic record of your existing LLCs would not retroactively expose you under most rule-making scenarios.

If you have a non-US company (e.g., a UK Ltd, a UAE FZC, a Singapore Pte) that is registered to do business in a US state as a "foreign entity" (not the same as your LLC being foreign-owned, this is when your home-country entity itself registers in a US state), BOI may still apply.

Filing for a foreign entity through the FinCEN BOIR portal requires:

• Foreign entity name and country of formation
• US state where the entity is registered to do business
• Beneficial owner names, DOB, residential address, passport copy
• FinCEN ID (optional, used for repeat filings)
• Reporting company applicant information

A typical Wyoming LLC formed by WyomingLLC does NOT have this issue. The LLC itself is a domestic Wyoming entity, exempt from BOI. The fact that you (a foreign person) own it does not make the LLC foreign for BOI purposes. The reporting company definition is based on where the entity is formed, not who owns it.

1. WyomingLLC will email all customers with new filing requirements and deadlines.
2. We will offer a BOI filing add-on at competitive pricing ($49 to $99/year expected).
3. FinCEN's BOIR portal is well-documented and the filing itself takes about 15 minutes per LLC.
4. Required information: beneficial owner name, DOB, residential address, passport scan or driver's license. Same information you already provided to WyomingLLC during intake.
5. BOI updates are required within 30 days of any change to beneficial ownership.

• FBAR (FinCEN Form 114): for US persons with foreign bank accounts over $10,000. Does NOT apply to non-US persons owning US LLCs.
• Form 8938: for US persons with foreign financial assets above thresholds. Does NOT apply to non-US persons.
• Form 5472: information return for foreign-owned US LLCs. Required annually. $25,000 penalty for non-filing. This is the LLC-level filing you DO need to make.
• Form W-8BEN-E: filed with US payers to claim treaty benefits. Not filed with FinCEN or IRS directly.
• FATCA: bank reporting on US-person accounts. Banks file this, not you. Affects you indirectly through bank KYC.