The LLC Standard

Do non-resident LLCs still file a BOI report in 2026?

Short answer: no. If your LLC was formed in a US state, it no longer files a beneficial ownership report with FinCEN — even if you live abroad. Here is why, and what still applies.

By The LLC Standard editors Updated Fees checked against primary sources 3 min read

The short answer

  • FinCEN issued a final rule on August 11, 2026 removing US-formed companies from the definition of “reporting company”.
  • The test is where the entity was formed, not where the owner lives. A Wyoming LLC owned by someone in India or Germany is exempt.
  • Only companies formed under foreign law that register to do business in a US state still report.
  • Banks still collect ownership information under their own KYC rules — the exemption does not make your LLC anonymous.

Between 2024 and 2025, beneficial ownership information (BOI) reporting under the Corporate Transparency Act was the most confusing compliance topic for small companies — deadlines moved, courts paused the rule, and formation services sold BOI filing add-ons. For non-resident LLC owners, the question is now settled.

What changed

In March 2025, FinCEN issued an interim final rule exempting entities created in the United States from BOI reporting. On August 11, 2026, FinCEN finalized that position: domestic companies are removed from the definition of “reporting company”, and US persons are relieved of reporting obligations. FinCEN also said it will delete BOI previously submitted by US persons.

Why it covers you as a non-resident

The exemption depends on where the entity was formed, not on the nationality or residence of its owners. An LLC formed by filing with a US state — Wyoming, New Mexico, Delaware or any other — is a domestic entity. It is therefore outside the reporting requirement even when 100% owned by someone living abroad.

The companies that still report are foreign reporting companies: entities formed under another country’s law that register to do business in a US state. A UK limited company registering in Texas would be one. Your US LLC is not.

What still applies

The BOI exemption removes one filing. It does not remove ownership transparency elsewhere:

  • Banks and payment processors still verify the beneficial owners of every business account under their own know-your-customer rules.
  • The IRS knows who you are from the EIN application, and from your annual Form 5472, which identifies the foreign owner.
  • States still require annual reports and a registered agent.

Watch out for outdated advice

Many formation-service pages and older guides still describe BOI filing as mandatory and still sell it. If a provider tries to charge you for a BOI report for a US-formed LLC, ask why — and point them to the FinCEN BOI page.

Frequently asked questions

I filed a BOI report in 2024. Do I need to do anything?

No action is required. FinCEN said it will delete BOI previously submitted by US persons and post a notice when finished. Non-US owners of US-formed companies are also outside the reporting requirement now.

Is my US LLC a “foreign reporting company” because I am foreign?

No. A foreign reporting company is an entity created under the law of another country that registers to do business in the US. An LLC formed in Wyoming, Delaware or any other state is a domestic entity, whoever owns it.

Could the requirement come back?

It could be reinstated through new rulemaking or legislation. We monitor FinCEN and will update this page if anything changes.

Sources

  1. FinCEN — Beneficial Ownership Information
  2. Morrison Foerster — FinCEN ends beneficial ownership reporting requirements for U.S. companies (Aug 2026)
  3. Steptoe — FinCEN issues final rule eliminating BOI reporting for US companies and US persons
  4. Davis Polk — FinCEN eliminates BOI reporting requirements for U.S. companies and persons
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