Supreme Court Clears Way for Corporate Transparency Act Enforcement

The U.S. Supreme Court allows the Corporate Transparency Act's enforcement, mandating most U.S. businesses to report ownership details to FinCEN. The Fifth Circuit will hear further challenges to the law on March 25.

Key points:

  • The Corporate Transparency Act (CTA) faces ongoing legal challenges, including arguments before the Fifth Circuit in March.
  • Most U.S. businesses must disclose ownership and control information under the law.
  • Transparency advocates argue the law will combat money laundering and criminal activity.

The U.S. Supreme Court has allowed the federal government to enforce the Corporate Transparency Act (CTA), staying an injunction that previously blocked its implementation, according to Bloomberg Law.

  • The law, enacted to improve transparency around beneficial ownership, mandates that most U.S. businesses report information on their owners to the Financial Crimes Enforcement Network (FinCEN).
  • Justice Neil Gorsuch concurred with the decision, emphasizing the need to resolve whether district courts can issue universal injunctions.
  • However, Justice Ketanji Brown Jackson dissented, citing insufficient evidence from the government to justify immediate enforcement.

The Supreme Court’s decision paves the way for FinCEN to proceed with enforcing the CTA while the Fifth Circuit Court of Appeals continues to hear challenges to its constitutionality. Oral arguments are set for March 25.

Who Must Comply

  • The CTA applies to an estimated 32.6 million U.S. businesses formed before 2024, as well as approximately 5 million new entities incorporated annually.
  • Failure to comply could result in fines of $500 per day.

The law aims to prevent the misuse of anonymous shell companies for illicit activities like money laundering and tax evasion. Transparency advocates, such as the Hudson Institute’s Kleptocracy Initiative, argue that the CTA will bolster law enforcement efforts to combat financial crimes.

“With the CTA now once again enforceable, law enforcement will be better equipped to stop criminals who use anonymous U.S. shell companies to launder fentanyl profits,” Nate Sibley, a Hudson Institute fellow, said in a statement.

Legal Challenges

The CTA has faced significant legal pushback. Texas Top Cop Shop Inc., a firearms retailer represented by the Center for Individual Rights, has argued that the law is unconstitutional. This case is among several challenging the law in federal courts.

Judge Amos L. Mazzant III initially blocked the CTA nationwide in December, citing concerns about its scope and enforcement. The injunction was later lifted by a Fifth Circuit motions panel before being reinstated by another panel. The Supreme Court’s stay now permits enforcement to move forward.

Industry Response

The CTA’s rocky rollout has created confusion among businesses and tax professionals. FinCEN extended the initial Jan. 13 compliance deadline but has encouraged voluntary reporting in the interim.

To date, roughly 10 million businesses have already submitted ownership information, according to FinCEN. Experts like Tom O’Saben of the National Association of Tax Professionals advise businesses to file early to avoid potential penalties and technical issues caused by a last-minute rush.

What’s Next

While the CTA’s enforcement is back on track, its future remains uncertain. Business groups and plaintiffs continue to challenge the law in court, and the Fifth Circuit’s ruling could further shape its implementation.

“The next steps are exactly what we were planning this morning, we are litigating this in the Fifth Circuit, where we think we are right and will prevail,” said CIR Litigation Director Caleb Kruckenberg.

Customer Stories

See how leading enterprise in-house teams have scaled smarter with Legal.io's high-caliber flex talent.

More from Legal.io


Key U.S. Antitrust Questions the Courts Could Answer in 2024
Key U.S. Antitrust Questions the Courts Could Answer in 2024

From search wars to real estate rumble, here’s a look at the major antitrust battles U.S. courts will analyze this year.

Jan 05, 2024
Read More
Community Spotlight: Mara Senn, Executive Global Compliance Lead at GE Healthcare
Community Spotlight: Mara Senn, Executive Global Compliance Lead at GE Healthcare

Join our host and CEO, Pieter Gunst, as he explores the career journey of Mara Senn, Executive Global Compliance Lead at GE Healthcare.

Mar 30, 2023
Read More
California Increases Bar Exam Fee, While Mulling Exam Removal
California Increases Bar Exam Fee, While Mulling Exam Removal

The state is considering a Portfolio Bar Exam program in order to increase the diversity of admitted attorneys.

Sep 24, 2023
Read More
KPMG Becomes First Big Four Firm Authorized to Practice Law in U.S.
KPMG Becomes First Big Four Firm Authorized to Practice Law in U.S.

KPMG has received approval from the Arizona Supreme Court to establish KPMG Law US, marking the first instance of a Big Four accounting firm practicing law in the United States.

Feb 27, 2025
Read More
Ethical Considerations in the Age of AI: Adapting Legal Practices to Technological Innovation
Ethical Considerations in the Age of AI: Adapting Legal Practices to Technological Innovation

The legal industry confronts ethical challenges as it integrates generative AI technologies to enhance efficiency and automate workflows.

Nov 07, 2023
Read More
Ready to hire?

Schedule a free consultation to discuss your hiring needs.

Free 15-min consultation
Legal.io Platform
5 star reviews
Hiring made smarter

Easy-to-use platform for hiring legal talent, managing spend, and optimizing your panel — plus an average savings of 50%.

Need Immediate Help?

Submit a hiring request and let our experts handle the entire process for you.