Compliance Alert
BOI Filing Penalties: $500/Day for Non-Compliance (2026)
The Corporate Transparency Act requires most US companies to file Beneficial Ownership Information (BOI) reports with FinCEN. The penalties for non-compliance are severe: $500 per day in civil fines with no cap, plus criminal penalties of up to $10,000 and 2 years in prison.
Short Answer
Failing to file your BOI report triggers $500/day in civil penalties with no cap and potential criminal penalties of up to $10,000 in fines and 2 years in prison. These penalties apply to willful non-filing, late filing, and submitting false information. Individual officers and managers can be held personally liable. File your BOI report immediately to stop penalties from accruing. ein.so provides BOI filing services to ensure your report is accurate and submitted on time.
BOI Penalty Escalation: How Fast Fines Accumulate
| Time Overdue | Civil Penalty (at $591/day) | Criminal Exposure | Total Maximum Liability |
|---|---|---|---|
| 1 day | $591 | Up to $10,000 + 2 years | $10,591 |
| 1 week (7 days) | $4,137 | Up to $10,000 + 2 years | $14,137 |
| 2 weeks (14 days) | $8,274 | Up to $10,000 + 2 years | $18,274 |
| 1 month (30 days) | $17,730 | Up to $10,000 + 2 years | $27,730 |
| 3 months (90 days) | $53,190 | Up to $10,000 + 2 years | $63,190 |
| 6 months (180 days) | $106,380 | Up to $10,000 + 2 years | $116,380 |
| 1 year (365 days) | $215,715 | Up to $10,000 + 2 years | $225,715 |
| 2 years (730 days) | $431,430 | Up to $10,000 + 2 years | $441,430 |
| No cap | Unlimited | Per violation | Unlimited |
What Are the Civil Penalties for Not Filing a BOI Report?
$591 Per Day With No Cap
The civil penalty for failing to file a BOI report is $591 per day (adjusted for inflation from the statutory $500) for each day the violation continues. There is no maximum cap on this penalty. That means the fines accumulate indefinitely until you file the required report or the government takes enforcement action. A company that is 30 days late faces $17,730 in penalties. A company that is 90 days late faces $53,190. A company that is one year late faces $215,715.
Penalties for Inaccurate Filings
These penalties also apply to filing a report with false or incomplete information. If FinCEN determines that your report contains inaccurate beneficial ownership data, the $591/day penalty begins accruing from the date the inaccurate report was due to be corrected. FinCEN provides a 90-day safe harbor for voluntary corrections, but only if you catch and fix errors yourself. Filing a sloppy report to meet the deadline can expose you to the same penalties as not filing at all.
The civil penalties apply to the reporting company itself, but individual officers and managers who cause the failure can also face personal liability. FinCEN has the authority to assess penalties against any person who willfully fails to file or willfully causes a company to provide false information. This personal liability makes BOI compliance a matter of individual risk, not just corporate risk.
What Are the Criminal Penalties for BOI Non-Compliance?
Federal Criminal Charges for Willful Violations
Beyond civil fines, willful violation of the BOI reporting requirements is a federal crime under 31 USC Section 5336(h). The criminal penalties include fines of up to $10,000 and imprisonment for up to 2 years. Criminal penalties apply to individuals who knowingly and willfully provide false or fraudulent beneficial ownership information, or who knowingly and willfully fail to file a required report.
The criminal standard requires "willfulness," meaning the government must prove that the individual knew about the filing requirement and deliberately chose not to comply. Ignorance of the requirement may serve as a defense against criminal charges, but it does not protect against civil penalties. This distinction means that even if you avoid criminal prosecution by claiming you did not know about BOI reporting, you can still face the $500/day civil fines.
The criminal penalties can also be enhanced if the BOI violation is connected to other crimes, such as money laundering, tax evasion, or fraud. In those cases, the BOI violation becomes an additional charge that increases overall sentencing exposure. FinCEN designed these penalties to make the cost of non-compliance far exceed the cost of filing, creating a strong incentive to comply.
Civil vs Criminal Penalties: Complete Comparison
| Factor | Civil Penalties | Criminal Penalties |
|---|---|---|
| Legal Standard | Strict liability (no intent needed) | Willful violation required |
| Daily Fine | $591/day (inflation-adjusted) | N/A |
| Maximum Fine | No cap (unlimited) | $10,000 per violation |
| Imprisonment | None | Up to 2 years |
| Who Faces It | Company and responsible individuals | Individuals who willfully violate |
| Trigger | Late filing, inaccurate filing, failure to update | Knowingly false info or willful refusal |
| Defense Available | Limited (file to stop accrual) | Lack of knowledge/willfulness |
| Safe Harbor | 90-day correction window for inaccuracies | Correction within 90 days may prevent charges |
| Enforcement Agency | FinCEN (Treasury Department) | DOJ (Department of Justice) |
| Statute Reference | 31 USC 5321 | 31 USC 5336(h) |
Who Is Personally Liable for BOI Penalties?
Personal Liability Extends Beyond the Company
The Corporate Transparency Act makes individuals personally liable for BOI violations, not just the company. 5 categories of people face personal exposure: founders, officers, directors, managers, and anyone with authority over the company's filings. Any person who willfully provides false information, willfully fails to file a required report, or willfully causes a company to file inaccurate information faces personal civil and criminal penalties.
For LLCs, the members and managers who control the company's operations bear responsibility. For corporations, the officers and directors bear responsibility. If you delegate the filing to an employee or a third party and they fail to file or file inaccurately, you may still be held liable if you had the authority and obligation to ensure compliance. The duty to file cannot be delegated away.
This personal liability extends to beneficial owners who provide false identifying information. If a beneficial owner gives the company incorrect information about their identity, that individual faces the same $500/day civil penalties and potential criminal charges. Every person involved in the BOI reporting chain has an independent obligation to provide truthful information.
How Do You Cure a Late or Inaccurate BOI Filing?
File Immediately to Limit Exposure
If you missed your BOI filing deadline, file immediately. Every day you wait adds $591 to your potential penalty exposure. There is no formal amnesty program for late filers, but filing voluntarily before enforcement action demonstrates good faith and may influence how FinCEN handles your case. The worst outcome is doing nothing and letting penalties accumulate indefinitely. A company that missed the January 1, 2025 deadline and files on April 16, 2026 faces a theoretical exposure of over $278,000 in civil penalties alone.
For inaccurate reports, FinCEN provides a 90-day safe harbor for corrections. If you discover that information in your BOI report is inaccurate and you voluntarily correct it within 90 days of the original filing, you may avoid penalties for the inaccuracy. This safe harbor applies only to corrections, not to reports that were never filed. To use it, submit a corrected BOI report through FinCEN's filing system within 90 days of the original report date.
You must also file an updated BOI report within 30 days whenever there is a change in beneficial ownership information, such as a new owner, a change of address, or a name change. Failing to update within 30 days triggers the same penalties as failing to file the initial report. Keep your BOI information current to stay compliant. Learn about BOI filing deadlines to make sure you never miss a date.
How Do You Avoid BOI Penalties Entirely?
File on Time
The simplest way to avoid penalties is to file your BOI report before the deadline. Companies formed before January 1, 2024 had an initial deadline of January 1, 2025 (check FinCEN for extensions). Companies formed on or after January 1, 2024 must file within 90 days of formation. Mark these dates and file early.
File Accurately
Verify every piece of beneficial ownership information before submitting. Confirm legal names match government-issued IDs, addresses are current, and ownership percentages are correct. Inaccurate filings carry the same penalties as late filings. Take the time to get it right the first time.
Update Within 30 Days
Whenever beneficial ownership information changes (new owner, address change, name change), file an updated BOI report within 30 days. Set reminders for your team so ownership changes trigger an immediate filing update. Missing the 30-day update window starts the $500/day penalty clock.
Use a Filing Service
Let ein.so handle your BOI filing. We collect the required information, verify it for accuracy, and submit the report to FinCEN on your behalf. This eliminates the risk of errors and missed deadlines. For companies that also need an EIN, we can handle both filings together. See our BOI filing service for details.
Does Your LLC Need an EIN Before Filing BOI?
Yes. Your BOI report requires your company's EIN (or Tax ID). FinCEN uses the EIN to identify your entity in their database. If you formed your LLC or corporation but have not yet obtained an EIN, you need to get one before you can complete your BOI filing. The good news is that getting an EIN is fast, so it should not delay your BOI report significantly.
ein.so can handle both your EIN application and your BOI filing. We apply for your EIN first, and once it is issued, we use it to complete your BOI report. This streamlined process ensures both filings are done correctly and on time. For LLCs that need an EIN, we recommend starting the process as early as possible so you have your EIN in hand before the BOI deadline.
Do not let BOI penalties accumulate. The $500/day fine structure means every day of delay costs real money. Whether you file yourself or use ein.so, the important thing is to file accurately and on time. Start your EIN and BOI filing today.
Frequently Asked Questions
What is the penalty for not filing a BOI report?
The penalty for not filing a Beneficial Ownership Information (BOI) report is $500 per day in civil fines, with no maximum cap. Criminal penalties include fines up to $10,000 and up to 2 years in prison. These penalties apply to willful failure to file, filing false information, or filing incomplete reports.
When does the $500/day BOI penalty start accruing?
The $500/day civil penalty starts accruing from the date your BOI report was due. For companies formed before January 1, 2024, the original deadline was January 1, 2025. For companies formed on or after January 1, 2024, the deadline is 90 days after formation. Check the latest FinCEN guidance for any deadline extensions.
Can I go to jail for not filing a BOI report?
Yes. Willful failure to file a BOI report, or willfully providing false or fraudulent beneficial ownership information, is a criminal offense. The criminal penalties include fines up to $10,000 and imprisonment for up to 2 years. These criminal penalties apply to individuals who knowingly violate the reporting requirements.
Who is personally liable for BOI penalties?
Any individual who willfully provides false information, fails to file a required report, or causes a company to fail to file can be held personally liable. This includes company officers, directors, managers, and anyone else who has authority over the filing. The penalties attach to individuals, not just the company entity.
Can I cure a late BOI filing to avoid penalties?
FinCEN has indicated that voluntary correction of inaccurate information within 90 days of the original filing may serve as a safe harbor against certain penalties. However, this safe harbor applies to corrections of filed reports, not to reports that were never filed. File your BOI report as soon as possible to minimize penalty exposure.
Does ein.so help with BOI filings?
Yes. ein.so provides BOI filing services to help you meet your reporting obligations. We collect the required beneficial ownership information, prepare the report, and file it with FinCEN on your behalf. This ensures your report is accurate and filed on time, protecting you from the $500/day civil penalties and potential criminal liability.
Are there any exemptions from BOI reporting?
Yes. FinCEN exempts 23 types of entities from BOI reporting, including publicly traded companies, banks, credit unions, insurance companies, tax-exempt organizations, and large operating companies with more than 20 full-time employees, over $5 million in gross revenue, and a physical US office. Most small LLCs and corporations do not qualify for any exemption.
What information does a BOI report require?
A BOI report requires the company's legal name, trade names, address, state of formation, and EIN. For each beneficial owner (anyone who owns 25% or more or exercises substantial control), you must provide their full legal name, date of birth, residential address, and a copy of an identifying document such as a passport or driver's license.
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