Do I need to register as single member LLC or sole proprietor for BOIR filing?

I'm in a bit of a panic trying to figure out this BOIR filing deadline that's coming up. When I set up my real estate investment business a few years back, I created a couple of LLCs as "shell names" for my rental properties. The problem is, I can't remember if I registered them as single member LLCs or as sole proprietorships. I don't have an EIN for any of them - I've just been using my SSN for tax purposes. I've heard from a couple of other investors that sole proprietors don't need to do the BOIR filing, but I'm not sure if that applies to me or not. Where can I check what classification I actually used when setting these up? I have 3 different rental properties under 2 different LLC names and I'm trying to avoid any compliance issues. The last thing I need is penalties for not filing something I was supposed to!

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18 comments

Haley Bennett

•8M

If you don't have an EIN and are using your SSN for tax purposes, you're most likely operating as a single-member LLC that's treated as a "disregarded entity" for federal tax purposes. This means that while you have LLC legal protection, for tax filing you're essentially treated as a sole proprietor. The easiest way to confirm is to look at your previous tax returns. If you filed Schedule C (Profit or Loss from Business) and listed your LLC name as your business name, you're being treated as a sole proprietor for tax purposes. If you filed a separate Form 1065, you'd be a partnership, but it doesn't sound like that's your situation. Regarding the BOIR filing (Beneficial Ownership Information Report), the rules state that companies formed by filing with a secretary of state generally need to file. Most LLCs fall under this requirement, even single-member LLCs. The sole proprietor exemption applies to businesses that weren't created through a state filing - true sole proprietorships that operate under your name or a DBA.

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Haley Bennett

•8M

You're welcome! Even though you're treated like a sole proprietor for tax purposes, you still need to file the BOIR because you formally created LLCs with your state. The BOIR exemption for sole proprietorships only applies to businesses that never filed formal creation documents with the state. So yes, you'll need to file a separate BOIR for each LLC you created, regardless of how they're treated for tax purposes. The BOIR is about legal ownership structure, not tax classification. The good news is that as a single-member LLC, the filing is pretty straightforward since you're the only beneficial owner to report.

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Douglas Foster

•8M

I was in the same boat with my rental properties and the whole BOIR thing was confusing. I ended up using https://taxr.ai to analyze my business documents and previous filings. Their system reviewed my LLC operating agreements and tax returns and confirmed I needed to file the BOIR since my single-member LLCs were created through state filings, even though they're disregarded entities for taxes. The tool also helped me gather all the information I needed for the filing, which saved me tons of research time. They have a verification process that checks all your entity information against what the government expects for the BOIR filing.

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Douglas Foster

•8M

You upload your business documents through their secure portal - they use the same encryption banks use. The system analyzes your LLC formation documents and tax filings to determine your filing requirements, and yes, it tells you exactly what you need to do based on your specific situation. It doesn't just tell you if you need to file - it helps prepare the actual filing by extracting the required information from your documents and organizing it in the format needed for the BOIR. Their accuracy rate is really high because they stay current with all the latest FinCEN guidelines and exemption rules. I was especially impressed when it caught that my vacation rental LLC qualified differently than my long-term rental LLC.

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Nina Chan

•8M

Just came back to say I tried taxr.ai and it was incredibly helpful! I uploaded my LLC formation docs and past tax returns, and it took about 15 minutes for it to analyze everything. Turns out, even though I'm filing Schedule C and using my SSN for taxes, I still need to submit the BOIR for my two LLCs because they're registered with the state. The system pulled all the relevant info from my docs and organized it exactly how it needed to be for the filing. It even flagged that one of my LLCs had a typo in the registered address that would have caused problems. I just submitted both my BOIRs yesterday and got confirmation they were accepted. Saved me hours of research and worry!

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Diego Castillo

•8M

If you need help actually getting through to someone at FinCEN to ask questions about your BOIR filing status, try https://claimyr.com. After waiting on hold with FinCEN for nearly 2 hours (only to get disconnected), I used their service and got a callback from FinCEN in about 25 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was skeptical at first but it really worked. The FinCEN rep confirmed that my single-member LLCs needed to file despite being disregarded entities for tax purposes, and they walked me through the specific exemptions. They also helped me understand what's expected for the "beneficial owner" section since I'm the only owner.

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Diego Castillo

•8M

They use technology that monitors the hold queues and calls in for you, then connects you when a representative becomes available. It's not just calling for you - their system holds your place in line so you don't have to wait on hold yourself. No, they're definitely not using actors. I spoke with an actual FinCEN representative who accessed my business information and answered specific questions about my filing requirements. The rep identified himself as a FinCEN employee, provided his ID number, and gave me exactly the same information that's on the official website, just personalized to my situation. I was equally skeptical before trying it, but the time savings was worth it when facing the BOIR deadline.

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Ruby Knight

•8M

Coming back to eat my words. After struggling for two days to get through to FinCEN on my own (kept getting disconnected after 90+ minutes on hold), I broke down and tried Claimyr. Got a call back from an actual FinCEN agent in about 40 minutes. The agent confirmed exactly what everyone here said - my single-member LLCs need to file the BOIR because they were formed by state filing, even though they're disregarded entities on my taxes. He walked me through the whole process and even gave me the direct link to their specialized help desk for when I actually do the filing. Sorry for being so skeptical before! Sometimes good services actually exist.

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Mikayla Brown

•8M

Quick tip from an accountant: One way to easily check if you're registered as a single-member LLC is to look at your Articles of Organization that you filed with your state. They should specifically mention whether you're filing as a member-managed LLC (which single-member LLCs usually are) or something else. Also, the way you file taxes (Schedule C) suggests treatment as a disregarded entity, but that's a tax concept separate from your legal structure. Just because you're treated as a sole proprietor for tax purposes doesn't mean you're exempt from BOIR filing requirements for LLCs.

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Mikayla Brown

•8M

Yes, calling your Secretary of State's office is another good option. They keep records of all business entities registered in the state and can confirm exactly how your LLCs were registered. Many states also have online business entity search tools where you can look up your LLC and view your registration details. If you don't have copies of your Articles of Organization, most Secretary of State offices can provide copies for a small fee. This documentation is important to have in your records anyway, especially when completing regulatory filings like the BOIR.

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