Current FinCEN position — last verified August 3, 2026. This is the article's sole change-sensitive section. If FinCEN changes its BOI rule, update this section, its citations, and the verification date.
A limited liability company formed under Florida law is currently exempt from filing a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network (FinCEN). FinCEN states that entities created in the United States, including entities formerly described as domestic reporting companies, and their beneficial owners are exempt from BOI reporting. [1] [2]
| Entity or person | Current FinCEN position |
|---|---|
| Florida LLC formed under Florida law | Exempt from BOI reporting. [1] [3] |
| Entity formed under foreign law and registered to do business in Florida or another U.S. state or Tribal jurisdiction | A reporting company only if it meets the current regulatory definition and no exemption applies. [2] |
| U.S. person connected with a foreign reporting company | Reporting companies do not report BOI about U.S. persons, and U.S. persons need not provide BOI in that capacity. [1] [2] |
For current operational requirements, consult FinCEN directly rather than relying on this article as a filing guide.
Beneficial Ownership Information, or BOI, is a federal corporate-transparency term for information about the individuals behind an entity's ownership or control. In plain English, it concerns the people who may own, control, or materially influence a business, not merely the company name in a public record. The current FinCEN rule controls the exact definitions, exemptions, and report contents for entities subject to reporting. [2]
A page can accurately describe an earlier rule yet be misleading today. That is why older articles, notices, and third-party service pages may say every Florida LLC must report BOI.
FinCEN says portions of its older FAQ material were not fully updated after the rule change and directs readers to disregard guidance that conflicts with the current rule. [4] Use historical material only as context, and verify a current answer with the issuing agency and regulation.
The key classification question is where the entity was legally formed. Under Florida law, an LLC is formed by delivering articles of organization to the Florida Department of State for filing. [3] A Florida LLC is therefore an entity created under Florida law. Its current BOI outcome appears in the controlled section at the beginning of this article.
A foreign-owned Florida LLC is a Florida-created entity with one or more non-U.S. owners. A foreign entity, for current BOI purposes, is an entity formed under the law of a foreign country. The phrases describe different facts. Non-U.S. ownership alone does not turn a Florida LLC into a foreign-law entity. [1] [2] [3]
An entity formed under foreign law may have a different BOI analysis after it registers to do business in the United States. The current regulation considers the foreign jurisdiction of formation, U.S. registration by filing with the appropriate office, and any applicable exemption. [2]
A foreign-law entity should not rely on an article about a Florida-organized LLC, and a Florida LLC should not assume that a non-U.S. owner makes it a foreign entity. Complex structures may warrant qualified advice tailored to the facts.
Start with FinCEN's official BOI reporting page, then review the agency's current FAQs and 31 C.F.R. § 1010.380. These sources provide the agency's current position and operative regulation.
This article points readers to primary authorities rather than reproducing filing mechanics, keeping the current-law module small and easy to update.
| Recommended internal link | Reader need it addresses |
|---|---|
| How to File Your Florida LLC Annual Report | State maintenance requirements. |
| Do Foreign-Owned LLCs Pay U.S. Taxes? | Tax questions involving non-U.S. owners. |
| ITIN vs. EIN: Which Number Does Your Business Need? | Federal identification-number questions. |
| Can Non-U.S. Residents Form a Florida LLC? | Formation questions involving non-U.S. residents. |
Last Verified: August 3, 2026. The current-position section was checked directly against FinCEN's live BOI page (fincen.gov/boi) and the current text of 31 C.F.R. § 1010.380 immediately before publication.