How to File BOI Report in Georgia – Ultimate Guide (2024)


Steve Goldstein
Steve Goldstein
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How to file a BOI Report in Georgia: Since the Corporate Transparency Act, the Beneficial Ownership Information (BOI) principle has become an important aspect of the regulatory framework for Limited Liability Companies, Corporations, and all types of business structures. This act aims to increase transparency and fight against illegal financial activities by requiring businesses to disclose information about beneficial owners. In Georgia, companies must comply with these BOI reporting obligations, and this guide will give a comprehensive overview of the processes involved, entities affected, and compliance actions that must be put in place.

Georgia, also known as The Peach State, has a population of 11,019,186. That makes the state small business friendly. According to the act, small and medium-sized businesses have to file BOI reports. In this article, LLCBuddy editors shared the latest update and mandate on filing BOI reports in Georgia

What is Beneficial Ownership in Georgia?

Beneficial ownership in Georgia entails individuals who own or control an entity ultimately even though legal ownership rests with some other person. These persons may have significant influence over it or hold substantial interest therein as owners. Identifying who qualifies as a beneficial owner is a critical first step in complying with BOI reporting requirements. To be a beneficial owner, one must meet at least one of the following:

  1. Has direct or indirect ownership of 25% or more of the entity’s equity interests
  2. Directly or indirectly exercises significant control over the entity

It should be noted that beneficial ownership can involve complicated ownership structures; therefore entities should conduct thorough assessments of their organizational structure and holdings.

Beneficial Ownership Information Reporting

The BOI (Beneficial Ownership Information) Report is a memo or document that every small and medium-sized business (exemption applicable) has to file with the Financial Crimes Enforcement Network (FinCEN). In Georgia, any LLC that is eligible to enlist under the reporting company must file the BOI Report within the given period.

It is not only mandatory for all businesses in Georgia but also can lead to heavy monetary penalties along with imprisonment. There are many reasons why the Corporate Transparency Act was started and BOI Report filing becomes mandatory for all businesses in Georgia.

BOI Reporting Companies (Entities) in Georgia

Not every company, located in Georgia, is required to file BOI reports with FinCEN. Only the eligible companies (Reporting Companies) are liable to file the BOI report. Following are the requirements for BOI reporting,

Entities Required to Report

There are certain entities that are considered “Reporting Companies” as per the Corporate Transparency Act and must report beneficial ownership information. Normally, these include:

Exempted Entities

However, it is important to note that there are certain entities in Georgia that do not have BOI reporting requirements such as;

corporate-act
  • Sole proprietorships or any business structure that does not require registration under Georgia SOS.
  • Large entities (more than 20 employees with $5M revenue)
  • Tax-exempt organizations
  • Inactive entities meeting specific criteria
  • Subsidiaries of exempt entities
  • Complex ownership that is not publicly known

For PLLCs, selected types of companies get to file BOI reports. Small PLLCs that do not meet the eligibility of reporting companies are exempted from filing BOIR. Besides, PLLCs that are already under stringent regulatory authority like the medical or law field, might get an exemption too.

List of Entities Exempted from BOI Reporting According to FinCEN

  • Securities reporting issuer
  • Governmental authority
  • Bank
  • Credit union
  • Depository institution holding company
  • Money services business
  • Broker or dealer in securities
  • Securities exchange or clearing agency
  • Other Exchange Act registered entity
  • Investment companies or investment advisers
  • Venture capital fund adviser
  • Insurance company
  • State-licensed insurance producer
  • Commodity Exchange Act registered entity
  • Accounting firm
  • Public utility
  • Financial market utility
  • Pooled investment vehicle
  • Tax-exempt entity
  • Entity assisting a tax-exempt entity
  • Large operating company
  • Subsidiary of certain exempt entities
  • Inactive entity

Entities should review their classification carefully in order to ascertain if they fall under the requirement for reporting or qualify for an exemption. It is recommended to consult an expert before you start filing your BOI Report. Also, not only the above-mentioned sectors but also the size and structure of the business matters when it comes to filing the report. Hence, it is important to consult an expert beforehand.

How to File a BOI Report in Georgia?

In Georgia, you can file your BOI report in two ways. The report can be filed online or offline. The process is pretty simple. There is an online and offline (PDF) form available. The reporting company in Georgia has to fill up the form and submit it within the given time. Here are the steps to file the BOIR in Georgia

Online BOI Report Filing in Georgia

  • For online filing, reporting companies in Georgia are required to visit the FinCEN BOIR e-filing page.
  • The first page shows 4 options, Initial Report, Correct Prior Report, Update Prior Report, and Newly Exempt Entity.
  • For the fresh filing, select Initial Report and click NEXT.
  • On the next page, fill out the form for Reporting Company and ask for FinCEN ID.
  • The ‘Company Applicant’ page comes up next. Add the details wherever is required.
  • The next page shows the details of the Beneficial Owner(s). Also, mention if there is an exemption.
  • Submit the online form after sharing your name and email on the final page.
BOI reporting e-filing

Offline BOI Report Filing in Georgia

  • For offline filing, visit the FinCEN BOI Report filing page
  • Download the PDF form from the ‘Prepare BOIR’ option
  • The PDF form requires Adobe Reader 8 or higher, make sure you have this version installed on your device.
  • Save the form on your device.
  • Fill it up with the correct information. Make sure to select the ‘Initial Report’ if you’re filing it afresh. For correction or updating the previous form, select the other options.
  • Once filled up, upload the form on the site by clicking on ‘Submit BOIR’.
  • On the Submit page, you will have to provide your name and email. Click on the ‘upload document’ section to upload the PDF form and submit it.
BOI offline filing

Though it is not very difficult to file a BOI Report on your own, it is recommended to get a professional help. Mainly because of the diverse business structure. We recommend TailorBrands as they not only offer free LLC formation, but also guide you through the BOI reporting process and deadline. That can save you a lot of money and penalty.

LLCBuddy Editors

Reporting Process and Timeline

BOI Reporting effectively becomes mandatory from January 1, 2024, in Georgia and the rest of the United States. All the LLCs in Georgia, Corporations, and other types of businesses registered under Georgia Secretary of State will have to file the report within the given time.

  • Entities in Georgia incorporated or registered before January 1, 2024, will have to file their BOI report before January 1, 2025.
  • Entities in Georgia incorporated or registered on or after January 1, 2024, will have to file their BOI report within 90 working days from the date of completion of company registration with Georgia SOS or similar authority.
  • Entities in Georgia incorporated or registered on or after January 1, 2025, will have to file their BOI report within 30 working days from the date of completion of company registration with Georgia SOS or similar authority.

Penalties for Non-Compliance with CTA (BOI Report Filing)

The authority decides to make it more difficult for the companies that fail to comply with the Corporate Transparency Act or BOI report filing. Following are the monetary and other penalties for non-compliance,

  • The Civil Penalty for missing the deadline in Georgia is $500 a day for the company
  • The Criminal Penalty for not filing the BOI Report in Georgia is $10,000
  • Continuing violating rules and non-compliance in Georgia can lead to 2 years imprisonment

The FinCEN makes sure that every reporting company must file the BOI report as soon as they meet the eligibility criteria. The penalty is heavy, especially for small businesses in Georgia.

BOI Reporting Required Information in Georgia

The Beneficiary Ownership Information consists of some confidential information about the LLC owners in Georgia. The compulsory information to be given in respect of each beneficial owner includes:

business requirement
  • Reporting Company legal name
  • Alternative or DBA Name (if any)
  • Tax Identification type
  • Country/Jurisdiction of Formation
  • Address (number, street, and apt. or suite no.)
  • Individual’s Full Legal Name
  • Date of birth
  • Current Address
  • Identifying document (Type, Number, Issuing Jurisdiction, Image)
  • Beneficial Owner Details (Legal Name, FinCEN ID, Address, DOB)

Entitles should confirm that the information given is correct and up-to-date as any inconsistencies or inaccuracies may attract penalties.

Ensuring their BOI reports are accurate and updated is a responsibility that these bodies have. Disputes or concealed information, therefore, need to be attended to quickly and openly as this is essential in compliance maintenance. Should organizations fail to do this, they may invite increased scrutiny with possible penalties imposed against them.

Privacy and Data Security

While the requirements for BOI reporting in Georgia aim at increasing transparency levels, there are practical challenges faced by entities regarding the identification and disclosure of beneficial ownership information. These may include:

  • Complexity in identifying beneficial ownership for entities with intricate ownership structures or multi-layered holding companies.
  • Difficulties in obtaining accurate and up-to-date information from beneficial owners, particularly where ownership interests are held indirectly or via intermediaries.
  • This places an additional burden on small businesses which will find it hard to deploy enough resources and personnel to deal with compliance matters.

Entities can overcome these hurdles through engagement of professionals’ advice; and having internal mechanisms that strengthen their capacity to communicate with their beneficiaries.

Regulatory and Legal Considerations

In addition to the issues above, entities in Georgia must also navigate numerous regulatory and legal considerations when reporting BOI. These include:

  • Balancing transparency with legitimate privacy concerns, especially for individuals who may be exposed to personal safety risks or other sensitive situations.
  • Addressing international implications and cross-border ownership structures since BOI reporting requirements can vary across jurisdictions.
  • Compliance with other relevant legislations such as anti-money laundering (AML) laws and know-your-customer (KYC) regulations is necessary as well.

What helps entities address these concerns is consulting the legal fraternity on changes occurring within the regulatory space.

Anticipated Changes and Updates

With time, FinCEN together with other relevant agencies will provide further guidance on complying with these reporting requirements as financial crime evolves. For instance, new changes could affect how they comply with these requirements. Additionally, in the future, there is a possibility of expanding or modifying the reporting requirements to deal with emerging issues or any possible loopholes.

Impact on Businesses and Financial Sector in Georgia

The introduction of BOI reporting requirements will have profound effects on both corporate entities and the financial sector as a whole. Likely consequences could include:

  • Increased administrative burdens and compliance costs for firms, especially at the early stages of implementation.
  • Enhanced due diligence procedures by financial institutions to verify the accuracy of BOI reports and identify potential red flags.
  • Business practices may change leading to ownership structures that are more flexible to fit into new transparency needs.
  • Entities that have complex ownership arrangements or those operating internationally may face some difficulties.

Nonetheless, in the long run, it can be expected that this law would go towards creating an environment where business is transparent and accountable thus enhancing trust and integrity within the financial system.

Significance of Reporting Beneficial Ownership Information

Reporting BOI is essential for several reasons. We have come up with three main reasons that CTA pointed out for having BOI reporting.

business
  • Preventing Illegal Activities: Identifying true owners helps to combat money laundering, terrorist financing, and other financial crimes in Georgia since bad actors cannot hide behind complex corporate structures.
  • Enhancing Transparency: It ensures corporate transparency and accountability so that entities cannot operate under cover but are required to reveal who their beneficial owner(s) are.
  • Facilitating Law Enforcement: Accurate data on BOI allows law enforcement authorities to investigate and prosecute fraudulent activities better thus protecting a fair business environment.

Starting an LLC in Georgia or forming a corporation in Georgia can be an eyewash of hiding other shady activities or illegal businesses. Companies often create shell companies to money launder. This reporting was started to prevent such activities in Georgia.

State Specific Data: Georgia

Capital and Incorporation

  • The capital of Georgia is Atlanta.
  • The population of Georgia: 11,019,186
  • The Annual GDP of Georgia: 762,096
  • Incorporation in Georgia can be done through various methods including online and offline. For more details, visit Georgia Secretary of State.
  • Incorporation Method in Georgia (Online): Get the online form from Secretary of State, fill it up, and submit. Don’t refresh the page during the process. It will erase everything.
  • Incorporation Method in Georgia (Offline): Send the form by mail or drop it off to Corporations Division, 2 Martin Luther King Jr. Dr. SE, Suite 313 West Tower, Atlanta, Georgia 30334.

Filing Fees

  • LLC Initial Filing Fee: $110 (by mail and $100 online)
  • LLC Amendment Fees: $20
  • Annual Fee: $5
  • DBA Filing Fee: $172
  • Incorporation Fee: $100 for filing online and $110 for filing it by mail and in person
  • Registered Agent Change Fee: $20 (online) and $30 (offline)
  • Corporate Amendment Fee: $20.00

Important Offices

  • State Tax Office: Georgia Department of Revenue
  • State Insurance Office: Georgia Department of Insurance
  • Secretary of State Address: Corporations Division,, 2 Martin Luther King Jr. Dr. SE,, Suite 313 West Tower,, Atlanta, Georgia 30334.
  • Department of Treasury: Department of the Treasury Internal Revenue Service Center – Kansas City, MO 64999 Fax: 855-887-7734​

Key Contacts

  • Form 2335 Mailing Address: Department of the Treasury Internal Revenue Service Center – Kansas City, MO 64999 Fax: 855-887-7734​
  • Filing Method for DBA: two methods, by mail and in person
  • Filing Fee for DBA: $172
  • Online Filing for DBA: There is no online filing available
  • Offline Filing for DBA: For filing offline, you must send the downloaded PDF form or drop it off in person at the Clerk of Superior Court, Attention: Recording Division, 136 Pryor St. SW, Atlanta, GA 30303

By staying compliant with the BOI reporting requirements and leveraging the resources available in Georgia, businesses can ensure they meet all regulatory obligations efficiently.

FAQs

How do I file a BOI report in Georgia?
You can file a BOI report in Georgia by visiting the Georgia Board of Insurance website.
Is filing a BOI report in Georgia mandatory?
Yes, filing a BOI report in Georgia is mandatory for insurance companies operating in the state.
What information do I need to include in a BOI report in Georgia?
You will need to include information about your company’s financial stability, claims history, and compliance with state regulations in a BOI report in Georgia.
Can I file a BOI report in Georgia online?
Yes, you can file a BOI report in Georgia online through the Georgia Board of Insurance website.
When is the deadline to file a BOI report in Georgia?
The deadline to file a BOI report in Georgia is typically on an annual basis, with specific dates varying depending on the company.
Are there any penalties for failing to file a BOI report in Georgia?
Yes, failing to file a BOI report in Georgia can result in penalties such as fines or even suspension of your company’s license to operate in the state.
Can I request an extension to file a BOI report in Georgia?
Yes, you may be able to request an extension to file a BOI report in Georgia, but you should do so before the deadline to avoid any penalties.
How long does it take to complete and file a BOI report in Georgia?
The time it takes to complete and file a BOI report in Georgia will vary depending on the size and complexity of your insurance company.
What are the consequences of inaccuracies in a BOI report in Georgia?
Inaccuracies in a BOI report in Georgia can result in enforcement action by the Georgia Board of Insurance, including fines and penalties.
How can I verify that my BOI report in Georgia has been received and processed?
You can verify that your BOI report in Georgia has been received and processed by contacting the Georgia Board of Insurance directly.
Is there a fee to file a BOI report in Georgia?
There may be a fee associated with filing a BOI report in Georgia, which should be paid at the time of submission.
What should I do if I need help with filing a BOI report in Georgia?
If you need help with filing a BOI report in Georgia, you can reach out to the Georgia Board of Insurance for assistance.
Can I amend a filed BOI report in Georgia?
Yes, you may be able to amend a filed BOI report in Georgia if there are errors or changes that need to be made.
Where can I find the necessary forms to file a BOI report in Georgia?
You can find the necessary forms to file a BOI report in Georgia on the Georgia Board of Insurance website.
Are there any specific rules or regulations that apply to filing a BOI report in Georgia?
Yes, there are specific rules and regulations that apply to filing a BOI report in Georgia, which can be found on the Georgia Board of Insurance website.
Can I file a BOI report in Georgia by mail or fax?
Yes, you may be able to file a BOI report in Georgia by mail or fax, depending on the preferences of the Georgia Board of Insurance.
Does the Georgia Board of Insurance provide any resources or assistance for filing a BOI report?
Yes, the Georgia Board of Insurance provides resources and assistance for filing a BOI report on their website or through their customer service department.
How can I stay up to date on any changes or updates to BOI reporting requirements in Georgia?
You can stay up to date on any changes or updates to BOI reporting requirements in Georgia by regularly checking the Georgia Board of Insurance website for announcements.
What should I do if I need to file a BOI report in Georgia but am no longer in business?
If you need to file a BOI report in Georgia but are no longer in business, you should still submit a final report to close out your obligations.
Are there any online training or tutorials available for how to file a BOI report in Georgia?
Yes, the Georgia Board of Insurance may offer online training or tutorials to help insurance companies understand how to file a BOI report in Georgia.
Can I submit supporting documents along with my BOI report in Georgia?
Yes, you may submit supporting documents along with your BOI report in Georgia to provide additional information or context.
Do I have to file a separate BOI report for each insurance product I offer in Georgia?
No, you typically only need to file one comprehensive BOI report for all insurance products offered by your company in Georgia.
Can I request a copy of my previously filed BOI reports in Georgia?
Yes, you can request a copy of your previously filed BOI reports in Georgia from the Georgia Board of Insurance.
What are the benefits of filing a BOI report in Georgia?
Filing a BOI report in Georgia can help demonstrate your company’s commitment to transparency, compliance, and financial stability in the state.
Are there any exemptions for certain types of insurance companies from filing a BOI report in Georgia?
There may be exemptions or exceptions for certain types of insurance companies from filing a BOI report in Georgia, depending on the regulations and guidelines.
Can I file a BOI report in Georgia on behalf of another insurance company?
No, you cannot file a BOI report in Georgia on behalf of another insurance company unless you are acting as an authorized representative.
How can I ensure that my BOI report in Georgia is accurate and complete?
You can ensure that your BOI report in Georgia is accurate and complete by carefully reviewing all information before submission and seeking assistance if needed.
Does the Georgia Board of Insurance offer any incentives for early or timely filing of BOI reports?
The Georgia Board of Insurance may offer incentives for early or timely filing of BOI reports, such as reduced fees or preferred status for future reporting periods.
How do I file a boi report in Georgia?
To file a boi report in Georgia, you can go to the Georgia Bureau of Investigation website and follow the instructions provided.
Can I file a boi report online in Georgia?
Yes, you can file a boi report online in Georgia through the Georgia Bureau of Investigation website.
What information do I need to include in a boi report in Georgia?
When filing a boi report in Georgia, you will need to include details such as the date, time, location, and nature of the incident.
Is there a time limit to file a boi report in Georgia?
It is recommended to file a boi report in Georgia as soon as possible after the incident occurs, but there is no specific time limit.
What happens after I file a boi report in Georgia?
After you file a boi report in Georgia, the Georgia Bureau of Investigation will review the information provided and may conduct an investigation.
Can I file a boi report anonymously in Georgia?
Yes, you may be able to file a boi report anonymously in Georgia depending on the nature of the incident and the policies of the Georgia Bureau of Investigation.
Are there any fees associated with filing a boi report in Georgia?
No, there are no fees associated with filing a boi report in Georgia.
Will I receive a copy of the boi report I filed in Georgia?
You may request a copy of the boi report you filed in Georgia from the Georgia Bureau of Investigation once it has been processed.
Can I amend a boi report after it has been filed in Georgia?
In most cases, you cannot amend a boi report after it has been filed in Georgia, but you may be able to provide additional information to the investigator handling the case.
Who has access to the boi reports filed in Georgia?
Boi reports filed in Georgia are typically considered confidential information and are only accessible to authorized personnel involved in the investigation.
How long does it take for the Georgia Bureau of Investigation to process a boi report?
The processing time for a boi report in Georgia varies depending on the complexity of the case and the workload of the Georgia Bureau of Investigation.
Can I file a boi report by phone in Georgia?
It is recommended to file a boi report online or in person in Georgia, but you may be able to file by phone in certain circumstances.
What should I do if I have additional information about a boi report I filed in Georgia?
If you have additional information about a boi report you filed in Georgia, you should contact the investigator handling the case or the Georgia Bureau of Investigation.
Are boi reports in Georgia kept confidential?
Boi reports in Georgia are typically kept confidential to protect the privacy of the individuals involved and the integrity of the investigation.
Can I file a boi report for a past incident in Georgia?
Yes, you can file a boi report for a past incident in Georgia, but it is recommended to do so as soon as possible to ensure accurate information.
What types of incidents can be reported in a boi report in Georgia?
Boi reports in Georgia can be filed for incidents such as crimes, accidents, suspicious activities, and violations of the law.
Can I file a boi report on behalf of someone else in Georgia?
You may be able to file a boi report on behalf of someone else in Georgia if you have the necessary information and authorization to do so.
Will filing a boi report in Georgia result in an arrest?
Filing a boi report in Georgia does not guarantee an arrest, but it may prompt an investigation by law enforcement.
What should I do if I am unsure whether to file a boi report in Georgia?
If you are unsure whether to file a boi report in Georgia, you can contact the Georgia Bureau of Investigation for guidance and assistance.
Can I file a boi report for a non-emergency situation in Georgia?
Yes, you can file a boi report for a non-emergency situation in Georgia, but it is recommended to contact the appropriate authorities for immediate assistance if needed.
How can I follow up on a boi report I filed in Georgia?
You can follow up on a boi report you filed in Georgia by contacting the investigator handling the case or the Georgia Bureau of Investigation.
What should I do if I have further questions about filing a boi report in Georgia?
If you have further questions about filing a boi report in Georgia, you can visit the Georgia Bureau of Investigation website or contact their office for assistance.
Can I file a boi report for a minor offense in Georgia?
Yes, you can file a boi report for a minor offense in Georgia to document the incident and potentially prevent future misconduct.
Are there any limitations on who can file a boi report in Georgia?
Generally, anyone who has firsthand knowledge of an incident can file a boi report in Georgia, but certain restrictions may apply depending on the nature of the incident.
Can I request a copy of a boi report from someone else in Georgia?
You may be able to request a copy of a boi report filed by someone else in Georgia if you have a valid reason for doing so and follow the appropriate procedures.
What are the consequences of filing a false boi report in Georgia?
Filing a false boi report in Georgia is a crime and can result in legal repercussions such as fines, imprisonment, and damage to your credibility.
How can I ensure the accuracy of the information in a boi report I filed in Georgia?
To ensure the accuracy of the information in a boi report you filed in Georgia, provide as much detail as possible, use credible sources, and avoid speculation or exaggeration.
Can the Georgia Bureau of Investigation refuse to accept a boi report?
The Georgia Bureau of Investigation may refuse to accept a boi report if it does not meet their criteria for investigation, contains false information, or is submitted by an unauthorized individual.
Is there a statute of limitations on filing a boi report in Georgia?
There is typically no statute of limitations on filing a boi report in Georgia, but it is recommended to file as soon as possible to ensure a prompt and thorough investigation.
Can I file a boi report for a case that is already under investigation in Georgia?
If a case is already under investigation in Georgia, you may not need to file a separate boi report, but you can contact the investigating agency for updates or additional information.

Also Read

In Conclusion

In the world of business, conducting illicit monetary transactions is not a new thing. To prevent that the Corporate Transparency Act came into the picture. Businesses in Georgia, especially, small and medium businesses must file the Business Ownership Information Report to combat growing financial crimes. In Georgia, the companies must understand the obligations to comply with the rules.

In Georgia, before you start filing the BOI Report, there are a few important points to note. Important points worth noting are:

  • Identifying beneficial owners from their control or ownership interests over the entity.
  • Reporting accurate information at all times including names, dates of birth, addresses, and identification details about beneficiaries.
  • Timely filing of the initial reports and updating the reports in case of changes.
  • When required, involve reputable third-party service providers to assist in the filing process.
  • Ensure compliance with relevant penalties for non –compliance.
  • Deal with practical challenges and legal issues related to BOI reporting.
  • Keep abreast of future developments and advice from relevant bodies.

Filing the BOI Report does not require complicated steps, however, it definitely requires an expert to proceed. We recommend TailorBrands, one of the best LLC formation services that not only offers free LLC formation but also offers BOI Reporting at a very reasonable cost.

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