Corporate Transparency Act Injunction Reinstated by Fifth Circuit

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On December 23, 2024, a panel of judges in the Fifth U.S. Circuit Court of Appeals stayed the nationwide preliminary injunction concerning the Corporate Transparency Act (CTA). Just three days later, on December 26th, another panel of judges reinstated the injunction, creating renewed uncertainty for reporting companies. On December 31st, the U.S. Department of Justice filed an application with the U.S. Supreme Court to halt the injunction, aiming to restore the enforcement of the CTA during the appeal process.

The Financial Crimes Enforcement Network (FinCEN), tasked with administering the CTA, has acknowledged that reporting companies are not required to file beneficial ownership information reports (BOIRs) while the injunction remains in effect. However, FinCEN continues to accept voluntary filings for those choosing to proceed despite the pause.

Key Dates and Developments

Oral arguments regarding the injunction have been scheduled for March 25, 2025. Meanwhile, the government may appeal to the Supreme Court, which could significantly alter the timeline or outcomes. The DOJ’s recent application to the Supreme Court could expedite resolution and potentially reinstate the CTA’s requirements sooner than anticipated. Until further legal clarity emerges, AAFCPAs advises clients to navigate this shifting regulatory landscape carefully.

Options for Reporting Companies

Organizations that have not yet filed a BOIR are now faced with several options.

  • File Voluntarily. Filing now may reduce the risk of last-minute compliance challenges if the injunction is lifted.
  • Wait for Legal Resolution. Companies may choose to hold off on filing until clearer guidance emerges from the courts.
  • Consult with Your AAFCPAs Partner. AAFCPAs can help clients weigh the risks and benefits of different approaches, ensuring strategies align with organizational priorities.

The CTA remains a critical regulatory consideration for many businesses. Staying informed and prepared will help mitigate risks as developments unfold. AAFCPAs is monitoring these developments and will provide updates and resources as appropriate to assist clients in navigating these requirements.

If you have questions, please contact Erica Nadeau, CPA, MST, Tax Partner at 774.512.4111 or enadeau@nullaafcpa.com—or your AAFCPAs Partner.


About the Author

Erica Nadeau

Erica Nadeau, CPA, MST

Erica is a leader in AAFCPAs’ Tax Practice, with specialized expertise advising private businesses, high-net-worth individuals, and family offices. Erica is an adept tax strategist, offering dynamic tax planning and regulatory compliance solutions that allow clients to adapt to fluctuating tax landscapes while reducing their tax obligations. Specializing in a broad range of tax categories, her expertise covers income and partnership tax planning and preparation, international tax planning, and other state and local levies. She is …