BOI reporting could return as 20 states and DC sue Treasury over small-business exemption
Twenty states and the District of Columbia sued the Treasury Department and FinCEN on Oct. 27 in federal court in Oregon, asking a judge to throw out rules that exempt U.S. companies from beneficial ownership (BOI) reporting and to stop the deletion of reports already filed. For now, U.S. LLCs do not have to file anything.
The case, Oregon v. Bessent, challenges FinCEN's interim final rule of March 2025 and the final rule that took effect Aug. 14, 2026. Together they exempt every company formed in the United States from reporting its owners under the Corporate Transparency Act. According to the complaint, as Land Line reported, the 2021 law covered more than 32 million companies, and fewer than 30,000 still have to report. The states argue that an agency cannot repeal a law passed by Congress by writing a rule.
The suit also targets FinCEN's plan to delete reports that U.S. companies already filed, a step the states expect by Feb. 10, 2027, at the latest. They say the law requires the records to be kept for five years or more after a company shuts down and that the purge also breaks the Federal Records Act. California Attorney General Rob Bonta, one of 21 attorneys general in the coalition, said the rollback helps people who hide money in shell companies. FinCEN has taken the position that collecting the data from these companies does not serve the public interest, Bonta's office noted, and Treasury said in the interim rule that it had weighed the risk of illegal activity, according to Land Line.
Nothing changes for now. FinCEN's BOI page says U.S. companies are exempt and do not need to file. If the court sets the rules aside, the duty could come back for domestic companies, including owner-operators who run their trucks through an LLC. The Oregon Department of Justice case tracker lists the complaint as the only filing so far, and no hearing date has been posted.
Why it matters: Owner-operators with an LLC owe no BOI report today. If the states win, the filing could come back, and reports already on file may be deleted before the court rules. Keep ownership records and any FinCEN ID where you can find them.
If this affects you
- FinCEN's final rule, effective Aug. 14, 2026, exempts U.S. companies from BOI reporting, and FinCEN's BOI page says they are no longer required to file. fincen.gov
- Oregon v. Bessent was filed Oct. 27, 2026, in federal district court in Oregon, and the Oregon Department of Justice tracker lists the complaint as the only filing so far. doj.state.or.us
Sources
- Rollback of Key Protections Under the Corporate Transparency Act (Oregon v. Bessent, D. Or.)Oregon Department of Justice, Oct 27
- Attorney General Bonta Sues Trump Administration for Rolling Back Financial Crime EnforcementState of California Department of Justice, Oct 27
- BOI reporting: Back to haunt small businesses?Land Line, Nov 10