Step 1 · After you form

Do LLCs still file a BOI report? Not if formed in the U.S.

Who still files, how to spot a fake BOI notice, and what your LLC files instead.

By Formation Lane Editorial · Page dated 21 October 2026

Quick answer: an LLC formed in any U.S. state does not file a beneficial ownership (BOI) report with FinCEN. The exemption became permanent on August 14, 2026. Any letter, email, or checkout add-on asking you to pay for one is a scam or an upsell.

Who files and who doesn’t

BOI reporting after FinCEN’s August 2026 final rule
CompanyFiles a BOI report?What to do
U.S. LLC, U.S. ownersNoNothing
U.S. LLC, owners abroadNoNothing
U.S. LLC that filed beforeNo updatesNothing
Foreign company registered in a U.S. stateYesFile within 30 days; list non-U.S. owners only

Spot a fake BOI notice

Red flags FinCEN lists

  • It asks for money. Filing BOI with FinCEN was always free.
  • It mentions a “Form 4022” or “Form 5102.” FinCEN has neither.
  • It comes from a “US Business Regulations Dept.” No such agency exists.
  • It wants you to click a link or scan a QR code to avoid penalties.

If one arrives, don’t reply or pay. Your LLC’s real recurring filings come from your state, not FinCEN.

What your LLC still files

BOI report FAQ

Does my LLC need to file a BOI report in 2026?
Not if the LLC was formed in the United States. FinCEN’s final rule, effective August 14, 2026, exempts every U.S.-formed company from beneficial ownership information (BOI) reporting. That covers single-member and multi-member LLCs, new and old.
I own a U.S. LLC but I live outside the U.S. Do I file?
No. The exemption follows where the company was formed, not where the owner lives. An LLC formed in Wyoming, Delaware, or any other state is a U.S. company and does not file a BOI report.
Who still has to file a BOI report?
Only companies formed under a foreign country’s law that register to do business in a U.S. state. They file within 30 days of the registration taking effect, and they report only their non-U.S. owners.
I already filed a BOI report. Do I need to update it?
No. U.S. companies have nothing to update, and U.S. persons with a FinCEN ID do not have to correct or update it. Treasury says FinCEN will delete information it holds about U.S. persons.
I got a letter saying my BOI report is overdue. Is it real?
Almost certainly not. FinCEN does not charge a fee to file BOI and does not mail payment requests. It warns that anything citing a “Form 4022,” a “Form 5102,” or a “US Business Regulations Dept.” is fraudulent. Don’t pay, click, or scan a QR code.
Should I pay a formation service to file my BOI report?
Not for a U.S. LLC; there is nothing to file. If a checkout still lists a BOI or “FinCEN compliance” add-on, remove it. See LLC formation services compared by fit for the add-ons worth paying for.

Related guides

Sources

  1. FinCEN — Beneficial Ownership Information Reporting (final rule: U.S. companies exempt; scam warnings) — as of Checked 21 October 2026
  2. FinCEN — BOI Frequently Asked Questions (notice on the August 11, 2026 final rule) — as of Checked 21 October 2026
  3. U.S. Treasury — FinCEN permanently ends BOI reporting for U.S. companies (August 11, 2026) — as of Checked 21 October 2026
  4. Federal Register — Beneficial Ownership Information Reporting Requirement Revision (final rule, effective August 14, 2026) — as of Checked 21 October 2026

Next steps

If this is part of setting up or cleaning up your LLC, get an EIN from the IRS, keep a registered agent on file, and open a separate business checking account. Or browse all Formation Lane guides.

Readers also check how to get an operating agreement and filing a DBA for your LLC.