Insights

2/28/25: Weekly Recap of Headlines We Found Interesting

Written by Next Vantage | 02/28/2025

 

FINCEN throws another wrench in the gearbox of CTA and BOI reporting

The subset of the Department of the Treasury indicated that they won't penalize non-compliance and that further details are coming.  This latest volley has advisors even more confused.

h/t- Gary Fletcher

https://fincen.gov/news/news-releases/fincen-not-issuing-fines-or-penalties-connection-beneficial-ownership

 

Pre-Packaged Tax Structures and Unauthorized Practice of Law

A useful reminder that "pre-packaged tax structures should be met with skepticism and vetted by a professional advice team.  In this case, the providers of the advice were fined for unauthorized practice of law.

h/t- Jay Adkisson

https://www.forbes.com/sites/jayadkisson/2025/02/25/asset-protection-firm-legally-mine-llc-found-to-be-engaged-in-the-unauthorized-practice-of-law-in-ohio/ 

 

Trust Company Due Diligence

The bankruptcy around a Nevada Trust Company (that was really operating as a facilitator for crypto exchange) has raised some eyebrows in the trust world.  The trust company apparently commingled assets amongst and between clients and trust company capital (which is a big no-no).  In the bankruptcy proceeding, the administrator is suggesting that the clients take a haircut on their assets. 

Job ONE of a trustee is to safeguard assets and this is usually done by segregating client assets away from other clients and the trust company itself.  Whether through horrible nonfeasance or outright malfeasance, some clients are going to potentially receive a nasty surprise. I'm not quite sure how the state regulator missed this, but it has added an asset segregation question to ask of trust service providers (and jurisdictions) going forward. STAY TUNED- this proceeding isn't over.

h/t- Caitlin Long

https://x.com/CaitlinLong_/status/1891686047932616941