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Eugene

(61,969 posts)
Mon Mar 4, 2024, 07:12 PM Mar 4

Small business reporting requirement found unconstitutional by Alabama federal judge

Source: Associated Press

WASHINGTON (AP) — In a blow to the Biden administration’s effort to increase corporate transparency, an Alabama federal district judge has ruled that the Treasury Department cannot require small business owners to report details on their owners and others who benefit from the business.

U.S. District Judge Liles C. Burke decided late Friday that the Corporate Transparency Act, a landmark U.S. anti-money laundering law enacted as part of the National Defense Authorization Act for fiscal year 2021, is unconstitutional on the grounds that Congress exceeded its powers in enacting the law — and so the rulemaking stemming from it is unlawful.

The National Small Business Association filed suit in November 2022 to block the requirement that tens of millions of small businesses register with the government as part of an effort to prevent the criminal abuse of anonymous shell companies.

The small business lobbying group argued that the reporting rule violates the Constitution, saying it is unduly burdensome on small firms, violates privacy and free-speech protections and infringes on states’ powers to govern businesses.

-snip-

BY FATIMA HUSSEIN
Updated 3:05 PM EST, March 4, 2024


Read more: https://apnews.com/article/money-laundering-treasury-corporate-transparency-499609f3d421e69708a0e108c0ff438c

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angrychair

(8,748 posts)
1. Why does it say "Biden Administration"
Mon Mar 4, 2024, 07:27 PM
Mar 4

When this was a law passed by Congress and has nothing to do with the WH per se beyond complying with the requirements of the law.

Eugene

(61,969 posts)
3. Implementing and enforcing the associated regulations are an administration priority in fighting corruption.
Mon Mar 4, 2024, 07:38 PM
Mar 4

Anti-money laundering is a function of the Treasury Department.

angrychair

(8,748 posts)
5. I realize that
Mon Mar 4, 2024, 08:38 PM
Mar 4

But the law was criticized, not the administration's enforcement of the law. Therefore this particular judge's rebuke was of Congress, not the Biden
Administration.

Cheezoholic

(2,043 posts)
2. We have to re-classify what is considered a "small business"
Mon Mar 4, 2024, 07:34 PM
Mar 4

Some guy that has a mowing business with 2 employees is a small business. A manufacturing facility with 499 employees is not the same kind of small business. A business that has receipts of 7 million dollars a years is not the same kind of small business. But the guy on the mower reads shit like this and thinks the govt is coming after him. I had a "real" small business and went to local Chamber of Commerce meetings. I'm telling ya damn near everybody in those meetings were barely hanging on except a few BIG small businesses. The true little guys vote straight down the repuke ticket and blame all of their woes on democrats and the IRS because all they hear is "small business".

hueymahl

(2,510 posts)
7. This regulation is so tone deaf that the guy mowing the grass is directly in its target
Mon Mar 4, 2024, 11:33 PM
Mar 4

Yes, he has to figure out how to report, even though it is only him. Ridiculousness squared.

hueymahl

(2,510 posts)
6. This is great news. Hope it sticks
Mon Mar 4, 2024, 11:31 PM
Mar 4

That new Treasury regulation is a massive overreach that will be hugely burdensome on honest business owners while doing almost nothing to stem financial crimes. It is simply a way for the government to more easily intrude on private lives.

The penalties for non-compliance are severe. Massive fines and even jail time if you mess up. Plus the regs are so poorly written an convoluted, that it will cost hours of time an thousands of dollars in legal fees to comply if you are anything more than a mom & pop.

Imagine a typical real estate deal. You might have two LLC's owning the equity. Another 5 that provide debt financing. Each one of those could have a dozen plus members or beneficial owners. If any single one of those parties changes their ownership stake, that could trigger a reporting event for 60 parties.

It is a clusterfuck in the making, and the worst kind of governmental overreach.

maxsolomon

(33,432 posts)
8. Yes, the main motivation was to let the gubmint intrude on your private life.
Tue Mar 5, 2024, 12:25 PM
Mar 5

You saw right through their nefarious scheme.

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