WASHINGTON, D.C. (Dec. 23, 2024) – The National Federation of Independent Business (NFIB) is extremely disappointed by today’s decision in the U.S. Court of Appeals for the Fifth Circuit in NFIB’s lawsuit challenging the Corporate Transparency Act (CTA), Texas Top Cop Shop, Inc., et al. v. Garland, et al. Earlier this month, the U.S. District Court for the Eastern District of Texas granted a nationwide preliminary injunction in the case, which prevented the U.S. Department of Treasury from enforcing the CTA. Today’s decision nullifying that injunction allows the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) to enforce the CTA and its beneficial ownership information (BOI) reporting requirements while our lawsuit proceeds.

“Because of this decision, small business owners must scramble to meet the reporting requirements of this egregious statute. Enforcing a Jan. 1 deadline for compliance will mean massive chaos for our nation’s small businesses,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The district court, in granting the preliminary injunction, rightly recognized that the BOI reporting requirements would have devastating consequences for small business owners. Make no mistake, NFIB is already working to quickly appeal this terrible decision and provide our Main Streets with a reprieve from this harmful mandate.”

More than 32 million small businesses throughout the country will once again be subjected to this burdensome statute, including the nearly 300,000 NFIB member businesses represented in this lawsuit. NFIB supports the Repealing Big Brother Overreach Act, legislation that would repeal the CTA and permanently relieve small businesses of the beneficial ownership requirements.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.