Is the Corporate Transparency Act being challenged in court?

Asked by: Tyshawn Wehner  |  Last update: January 5, 2026
Score: 4.7/5 (62 votes)

The U.S. Court of Appeals for the Fifth Circuit on Dec. 26, 2024, vacated the stay and reinstated the nationwide preliminary injunction enjoining enforcement of the Corporate Transparency Act (CTA) and its Reporting Rule, as well as impending reporting deadlines.

Are there any lawsuits against the Corporate Transparency Act?

Plaintiffs have challenged the CTA's constitutionality, to mixed results, in federal district courts around the country. Most recently, a judge in the Eastern District of Texas enjoined the CTA and the Regulations nationwide, concluding that Congress lacked the constitutional authority to adopt the CTA.

Is the Corporate Transparency Act overturned?

At approximately 1:30 p.m. ET on Dec. 23, 2024, the U.S. Court of Appeals for the Fifth Circuit resurrected the Corporate Transparency Act (CTA) and revived the reporting obligations, particularly the Jan. 1, 2025, reporting deadline for reporting companies formed prior to 2024.

What is the current status of the Corporate Transparency Act?

Corporate Transparency Act Updates: SCOTUS Pauses One Preliminary Injunction and FinCEN Confirms BOI Reporting Is On Hold (For Now)

Is the CTA being challenged?

Separately, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit is scheduled to hear oral arguments on the constitutionality of the CTA in the Texas Top Cop Shop case on March 25, 2025, and various other cases challenging the CTA are pending.

Federal Court Rules the Corporate Transparency Act is Unconstitutional

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Is CTA suspended?

As of now, despite several twists and turns, the CTA remains suspended and there is no obligation to submit CTA filings. Readers may recall that a U.S. District Court entered an injunction against the CTA on December 3, 2024.

Is the CTA on hold?

Despite a ruling by the U.S. Supreme Court on January 23, 2025, lifting the injunction blocking the enforcement of the Corporate Transparency Act (CTA) in the Texas Top Cop Shop, Inc. v. Garland case,1 reporting obligations under the CTA remain on hold due to a separate nationwide injunction issued on January 7, 2025, ...

Is the CTA being enforced?

Corporate Transparency Act Enforcement Remains Paused. On January 23, 2025, the U.S. Supreme Court issued a stay of the nationwide preliminary injunction issued by a federal district court in Texas in December 2024 in the Texas Top Cop Shop litigation.

What is the penalty for violating the Corporate Transparency Act?

Non-compliance with the Corporate Transparency Act can result in significant penalties, with fines ranging from $500 to $10,000 per violation and up to two years of imprisonment. These fines can accumulate, leading to substantial financial consequences for those who fail to comply.

Who will enforce the corporate transparency act?

The Corporate Transparency Act requires certain business entities (each defined as a “reporting company”) to file, in the absence of an exemption, information on their “beneficial owners” with the Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Department of Treasury (“Treasury”).

What is the CTA deadline?

2021: Congress passed the Corporate Transparency Act and set a January 1, 2025, deadline for reporting obligations.

Do I still need to file boi?

This requirement came as part of the 2021 Corporate Transparency Act. However, there have been twists and turns to it in the last few weeks. Ultimately, as of January 24, 2025, the BOI report is still not required, despite a Supreme Court ruling. Originally, the deadline to file the BOI report was January 1, 2025.

Was the corporate transparency Act overturned?

On January 23, 2024, the Supreme Court overturned a nationwide injunction enjoining enforcement of the Corporate Transparency Act (“CTA”). However, the implementing regulations of the CTA remain unenforceable due to a district court order still in effect in a separate case.

Is boi reporting being challenged?

A hearing is scheduled for March 25, 2025, to discuss the merits of the law. At least until that hearing is resolved, there will be no Beneficial Ownership Information (BOI) reporting requirements enforced by the federal government.

Do I have to file CTA?

The CTA requires most small- to mid-sized businesses registered in the United States to file a beneficial ownership information report with the Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Department of Treasury.

What is the 2024 Corporate Transparency Act?

Beginning January 1, 2024, the federal Corporate Transparency Act (CTA) requires certain types of entities to file a beneficial ownership information (BOI) report with the Financial Crimes Enforcement Network (FinCEN), a bureau of the United States Department of Treasury.

Has the boi been suspended?

Corporate Transparency Act: BOI Reporting Suspended Again Due to Recent Fifth Circuit Decision. On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the court's prior December 23, 2024, order that granted a stay of the preliminary injunction issued in the case of Texas Top Cop Shop, Inc., et al ...

Are churches exempt from the corporate transparency act?

501(c) organizations include most charitable organizations, churches and other religious organizations, and private foundations. If a Sec. 501(c) organization loses its tax exempt status, it will still be considered to be exempt for 180 days from the date it lost its tax-exempt status.

Are banks exempt from CTA?

Banks, their holding companies, and subsidiaries are among the specific types of entities that are exempt from the CTA reporting requirements.

What is the new regulation of the CTA?

What is the Corporate Transparency Act? Under the Corporate Transparency Act (CTA), which went into effect on January 1, 2024, many U.S. small business owners are required to file corporate transparency reports with beneficial ownership information.

Who runs the CTA?

CTA's day-to-day operations are directed by Dorval R. Carter, Jr., President. The current Mayoral appointees are Lester L. Barclay, Michele A. Lee, Roberto Requejo and Michael Eaddy.

Is CTA enforceable?

However, because of a separate nationwide injunction issued on Jan. 7, 2025 by a different federal district judge in Texas in the case of Smith v. U.S. Department of the Treasury, the nationwide stay on CTA enforcement remains in effect.

How long is the CTA?

Most typical CTA students complete the modular seven exams in two to three years.

Can you pay for the CTA with cash?

On the bus, you can pay for a one-way fare in cash. Exact change is required (no change is given). Buses accept $1 bills and most coins (no half-dollars). Transfer is not available when paying in cash on the bus.