The Corporate Transparency Act (CTA) is new monitoring requirement (it went live Jan 1. 2024) placed on America's small businesses to report private personal information of their "beneficial owners" to FinCEN which they can share with any federal agency & foreign government. It threatens business owners & their close associations with easy targeting.
In essence the CTA will create 5 major problems for America's small businesses:
1. It creates another high compliance cost to run a business. Due to vague definitions it will be expected that small business owners consult an attorney when reporting. It is estimated that in the first year this will mean an average of $8k per small business in legal fees.
2. Due to a lack of clarity on what a "beneficial owner" is, you are compliant until they decide you aren't.
3. Every relationship a business or business owner has is up for scrutiny. Your spouse, friends, vendors, clients, even your attorney could be determined to have indirect, but substantial control over your business and therefore must be reported on.
4. This effectively says that you simply don't have constitutional protections if you run a small business or if you associate with one.
5. This information can be shared with foreign governments without any due process. Leaving you open to international reprisal.
Assets of Starlink were seized by the gov. of Brazil for X.com refusing to censor its customers. These two orgs share a common owner, Elon Musk, and since that association was known, Brazil targeted a legally independent business with other owners who were now the victims of Brazil's reprisal.
Since the CTA is a self-reporting requirement, are we expecting that criminals are going to self-report the truth?
Conversely, in order to pursue the American dream of entrepreneurship, you will now place your business partners, family, friends, vendors, clients, etc... all in a difficult position:
You must legally review every relationship and determine whether that person exercises indirect control over your company. If so, demand that they provide confidential personal information to an international database which must be kept updated, or you and they face criminal charges. Not reporting someone who it is later determined was a "beneficial owner" means severe financial penalties and potentially jail time.
Furthermore, every one of these relationships becomes a major association risk for reprisal by our own federal and foreign governments. Upset the wrong party and now your whole network is up for retaliation as in the case of Elon Musk.
Do you think it will be easier to speak your mind, especially in today's cancel-culture environment, when it exposes those around you to international retaliation?
Do you want to run a small business or associate with an owner under these terms?
The CTA will harm independent ranchers, farmers, and homesteaders along with all small businesses.
The Homestead Liberation League filed suit against the Corporate Transparency Act on July 29th 2024. We also filed a motion for Preliminary Injunction to stop the CTA in its tracks. The hearing for our motion is Dec. 19th 2024.
We need your help. Lawsuits are an effective way to challenge government overreach, but they are expensive. The League is funded primarily by independent donors like you to do our work. Please consider a generous contribution that will give us the fuel we need to see critical issue all the way to the Supreme Court if necessary.
Homestead Liberation League Members are consumers, producers, & businesses dedicated to restoring American health and food freedom. Naturally this means we seek to protect the American dream by protecting the right of every American to build something from nothing.
If you are a business owner who would like to support and be protected by our work, including this lawsuit against the CTA, consider joining us as an annual member.
As a member you become a plaintiff in our legal work on the CTA.
You will receive exclusive updates regarding the case.
Most importantly, you will be taking an active stand to preserve your rights and the rights of all Americans to build something from nothing without being targeted for political persecution.
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