Volunteer State News

In a recent column for The Tennessean, Jim Brown, the State Director of the National Federation of Independent Business (NFIB), expressed concerns about the Corporate Transparency Act and its impact on small business owners. According to Brown, this legislation could lead to fines or even jail time for violations that many business owners are unaware of.

The Corporate Transparency Act, which took effect on January 1, mandates that 32.6 million small businesses across the United States report personal information about their "beneficial owners" to the U.S. Treasury Department. Failure to comply can result in penalties including a $10,000 fine, $591 per day for late filings, and up to two years in prison.

Brown highlights a survey by NFIB indicating that 83% of small businesses are not aware of this requirement. He argues that while Congress intended to combat financial crime and terrorism with this law, it disproportionately burdens small businesses without affecting medium or large enterprises.

NFIB members from Tennessee and other states have visited Washington D.C., urging lawmakers to repeal what they consider an onerous regulation. Tennessee Secretary of State Tre Hargett has also criticized the law's implementation as "an absolute train wreck," noting that it may not effectively target bad actors who could evade compliance.

Small business owners face additional challenges due to this mandate, such as gathering identification documents for all beneficial owners and updating records with any ownership changes. Brown warns that these requirements add unnecessary strain on entrepreneurs already managing numerous responsibilities.

Moreover, there is concern about data security risks associated with the centralized federal database created by this act. Critics fear it could become a target for hackers given past breaches involving federal databases containing personal information on millions of Americans.

The NFIB and other advocates argue that repealing the Corporate Transparency Act would alleviate undue pressure on small businesses while questioning its effectiveness in achieving its stated goals.