INTERNATIONAL TAX & COMPLIANCE · 4 MIN READ

How to Comply with the Corporate Transparency Act (BOI Reporting) in Florida

By Hevia & Hevia CPA Firm · Published October 26, 2026

Reviewed by Alexander Hevia, CPA, J.D., LL.M. (Taxation) — October 26, 2026

A company created under Florida law—or elsewhere in the United States—is currently exempt from FinCEN’s Corporate Transparency Act beneficial ownership information reporting requirements, even if it has foreign owners. Certain companies formed under foreign-country law and registered to do business in the United States may still need to report.

FinCEN finalized these exemptions in August 2026. Older articles stating that every Florida LLC must file a BOI report no longer describe the current rule. FinCEN: Current BOI reporting requirements

Start with where the company was created

For a Florida business, “foreign” can mean two different things:

A Delaware LLC registered in Florida: Formed in the United States. Its Florida registration as a foreign LLC does not make it foreign-country formed for BOI purposes.
A Florida LLC owned by a non-U.S. investor: Also formed in the United States. Foreign ownership does not remove its domestic-company exemption.
A company formed in another country and registered to do business in Florida: Potentially a reporting company, unless another exemption applies.

The formation documents matter more than the owner’s mailing address or the location of the investment. FinCEN’s final rule

What should an exempt Florida company do?

Confirm the company’s jurisdiction of formation and keep the supporting records. We recommend documenting why the exemption applies and reviewing the position when there is a significant reorganization or a relevant rule change.

An exempt domestic company does not need to file a new BOI report merely because its members or address change. That exemption does not cancel other tax or business obligations. FinCEN: BOI reporting

How does a foreign-country company comply if reporting applies?

Begin with an entity-specific review rather than assuming every overseas entity must file:

Confirm reporting-company status and any exemption. Review the foreign formation and U.S. registration records.
Identify the people and information that must be reported. Beneficial ownership generally considers substantial control or at least 25% ownership. U.S.-person beneficial owners and U.S.-person company applicants are exempt from being reported under the current rule.
Establish the deadline. Newly registered reporting companies generally have 30 calendar days from the earlier of actual or public notice of effective U.S. registration. Existing companies may already have an overdue obligation.
File through the official system and retain confirmation. Use FinCEN’s BOI E-Filing System and preserve the submission record.
Monitor required updates and corrections. Reporting is not simply an annual renewal; changes to required information and discovered errors can trigger separate deadlines.

Information collection and timing should be checked against the current rule for the particular company. FinCEN’s final rule, FinCEN’s reporting guidance

Does the BOI exemption eliminate Form 5472 requirements?

No. CTA reporting to FinCEN and international information reporting to the IRS are separate obligations. A foreign-owned U.S. disregarded entity can be exempt from BOI reporting while still needing Form 5472 with a pro forma Form 1120 when it has reportable transactions. IRS: Form 5472 instructions

This distinction is particularly important for foreign investors using a Florida LLC to hold property or conduct business. Exemption from one filing should never be treated as confirmation that no other reporting applies.

Review the company’s complete filing picture

Hevia & Hevia CPA Firm works with businesses and investors whose interests include domestic and international components. Our Miami-based team offers remote consultations throughout Florida to discuss the company’s ownership, activities, and U.S. tax reporting needs.

Explore international tax services or contact our team.

General information, reviewed October 26, 2026. BOI reporting rules have changed substantially; confirm the requirements before acting.