Recently one of our clients received a solicitation titled “Mandatory Beneficial Ownership Reporting.” It was noted as form 5102 and states that there is a filing fee of $119.00. The form looks very legitimate and like any other tax form you might receive from the federal government. However, beware of these types of solicitations, as the form received is a known scam. It is important to note that there is no governmental fee associated with filing Beneficial Ownership Information (BOI).
The Financial Crimes Enforcement Network (FinCEN), the governmental entity where BOI is to be reported, has published the following Alert:
Alert: FinCEN has learned of fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements under the Corporate Transparency Act.
These fraudulent scams may include:
• Correspondence that references a “Form 4022” or “Form 5102” is fraudulent. FinCEN does not have a “Form 4022” or a “Form 5102.” Do not send BOI to anyone by completing these forms.
• Correspondence or other documents referencing a “US Business Regulations Dept.” This correspondence is fraudulent; there is no government entity by this name.
Please be on the lookout for anything that may indicate correspondence you receive is fraudulent. For example, be cautious of any of the following:
• Correspondence requesting payment. There is NO fee to file BOI directly with FinCEN. FinCEN does NOT send correspondence requesting payment to file BOI. Do not send money in response to any mailing regarding filing your beneficial ownership information report that claims to be from FinCEN or another government agency.
• Correspondence that asks the recipient to click on a suspicious URL or to scan a suspicious QR code. Those e-mails or letters could be fraudulent. Do not click any suspicious links or attachments or scan any suspicious QR codes.
• Correspondence regarding penalties. FinCEN does NOT send initial correspondence regarding CTA penalties via e-mail or over the phone. Do not submit payments via phone, mail, or websites as requests/directions to do so are fraudulent.
Use caution when you receive correspondence from an unknown party. Verify the sender. Never give personal information, including regarding beneficial ownership to anyone unless you trust the other party.
If your association receives forms, emails, texts, or calls soliciting BOI information, please be cautious. It is better to check and verify than to pay money to bad actors. If you have questions, you can reach out to any one of our community association attorneys at Law Firm Carolinas.
Additionally, if you may find the blog and videos produced by my law partner, Steve Black, to be helpful. Those can be found here.