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AR15.COM
12/23/2007 6:10:14 AM EDT
I have this friend of a friend, who was given two 5G checks, kinda as a gift.  This friend of a friend is a bit worried about deposting it in his bank account.  Isn't the bank obligated to the IRS to report large deposits made in one transaction?
12/23/2007 6:16:47 AM EDT
[#1]
Only cash deposits or other "unusual" activity. If the money was a gift, there are no tax consequences to the recipient (it is not income for income tax purposes).

I'll send you a bill for your friend of the friend to pay.
12/23/2007 6:19:25 AM EDT
[#2]
The reporting threshold is $10k.  If you friend of a friend is concerned, all they need to do is call the bank.
12/23/2007 6:19:41 AM EDT
[#3]
Make 2 deposits a month or so apart.
12/23/2007 6:19:55 AM EDT
[#4]
10,000.01(in a single transaction) is the red flag and paper work to the IRS...anything less is just business as usual.

I have cashed a check for 10k and wasnt a big deal, 10,000.01 and its paper work time
12/23/2007 6:21:44 AM EDT
[#5]
YES, if both checks came from the same payor and the checks are for $5k each, you can expect the bank to file an "SAR" (Suspicious Activity Report) and one copy will go to the FBI and another will be forwarded to the IRS.

Remember, Big Brother is watching out for you!
12/23/2007 6:21:58 AM EDT
[#6]

Quoted:
10,000.01(in a single transaction) is the red flag and paper work to the IRS...anything less is just business as usual.

I have cashed a check for 10k and wasnt a big deal, 10,000.01 and its paper work time


Yes!

It doesn't have a thing to do with cash at all.  Tell him to deposit the checks on different days, no problem.

Tj
12/23/2007 6:22:07 AM EDT
[#7]
if your scared cash them at the check writers bank and put them in the gun safe

12/23/2007 6:23:16 AM EDT
[#8]

Quoted:
YES, if both checks came from the same payor and the checks are for $5k each, you can expect the bank to file an "SAR" (Suspicious Activity Report) and one copy will go to the FBI and another will be forwarded to the IRS.

Remember, Big Brother is watching out for you!


fail
12/23/2007 6:32:45 AM EDT
[#9]
I have deposited more than $10K and not triggered it, but you can also deposit less than that and trigger it.  What triggers it is "suspecious activity".  I explained to the teller it was from a home sale, no problem.  


* "The transaction involves funds derived from illegal activities or is intended or conducted in order to hide or disguise funds or assets derived from illegal activities… as part of a plan to violate or evade any federal law or regulation or to avoid any transaction reporting requirement under federal law or regulation"

* "The transaction is designed to evade any requirements of this part or of any other regulations promulgated under the Bank Secrecy Act..."

* "The transaction has no business or apparent lawful purpose or is not the sort in which the particular customer would normally be expected to engage, and the bank knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction."

In April 2000, the U.S. Comptroller of the Currency issued Advisory Letter 2000-3, which reports on "Common BSA Compliance Deficiencies" uncovered during specialized anti-money laundering examinations conducted by the OCC. The Letter says, in general, U.S. banks lack "adequate systems and controls to ensure timely suspicious activity reporting." The letter recommends, among other things, that banks review their Currency Transaction Report filings to detect suspicious activity involving cash transactions conducted by their customers.

Bank Secrecy Act regulations implemented in 1972 require a wide range of financial institutions to file a Currency Transaction Report, IRS Form 4789, to report "each deposit, withdrawal, exchange of currency or other payment or transfer, by, through, or to such financial institution which involves a transaction in currency of more than $10,000" (31 CFR 103.22(b)(1)). The CTR, as the form is known, provides FinCEN with information on the amount and type of the transaction, the person or persons who conducted the transaction, and the person or persons who benefited from the transaction. In 1999, banks, money services businesses, securities broker-dealers, and other financial institutions filed more than 12 million CTRs.

Because CTRs provide law enforcement agencies with valuable information on the movement of large amounts of cash, money launderers will try to avoid the filing of a CTR by breaking down, or "structuring," transactions to less than the $10,000 CTR reporting threshold. The BSA prohibits "structuring" and imposes civil and criminal penalties for persons who cause or attempts to cause a financial institution to fail to file a CTR or to file a CTR "that contains a material omission or misstatement of fact."
12/23/2007 6:35:22 AM EDT
[#10]
Run some searches for similar topics in the past.  I hope all these folks giving advice work in the banking industry because it sure does differ from what I recall from past threads.

I don't work in the banking industry and I don't care if extra paperwork needs to be done or not, I feel the same about buying a couple firearms at the same time and that causing extra paperwork to need to be done.

Checks or electronic transfers are known money.  They know where it came from and it is not a big deal.

Cash is the biggy.

I would not worry one bit about depositing a check for 20k, I think that is the gift limit for a year, in my bank account.  It is money they know about already.

If they want to spend time doing some extra paperwork or ask me questions then let them have at it.

Now 20k from the mayonaise jar out in the garden, that might be a tad different.

12/23/2007 6:38:51 AM EDT
[#11]
and someone posted that SHTF is NOT going to happen.
It already has.....
When a .gov agency is monitoring your bank deposits, it has started.

"oh I am OK with the bank notiies the IRS of my money transactions"

WOW,just wow!
12/23/2007 6:42:21 AM EDT
[#12]
Smurfing
12/23/2007 6:44:48 AM EDT
[#13]
I was just gving my experience with the cash aspect. I know the ladys at my bank will give up to 10,000.00 to me in cash and will not hesitate.

Im not going to go into how many times a year I do this, just that I know first hand on what the limits are at the bank that I use.

12/23/2007 6:47:24 AM EDT
[#14]

Quoted:
and someone posted that SHTF is NOT going to happen.
It already has.....
When a .gov agency is monitoring your bank deposits, it has started.

"oh I am OK with the bank notiies the IRS of my money transactions"

WOW,just wow!



Old news and done in real time in some cases.....

The only reason this does not effect more people (law abiding) is the sheer volume of data, they have to only focus on the 'big fish' or people that are allready being looked at for various reasons
12/23/2007 6:50:08 AM EDT
[#15]

Quoted:

Quoted:
and someone posted that SHTF is NOT going to happen.
It already has.....
When a .gov agency is monitoring your bank deposits, it has started.

"oh I am OK with the bank notiies the IRS of my money transactions"

WOW,just wow!



Old news and done in real time in some cases.....

The only reason this does not effect more people (law abiding) is the sheer volume of data, they have to only focus on the 'big fish' or people that are allready being looked at for various reasons



I am well aware that is has been going on for years.
I still find it unreal that the good people of the US of A allow it to happen.

Everyday we lose more and more freedoms... we will either become a real Police state OR SHTF.

I hope I am long dead when either occur




Edited for spelling infractions
12/23/2007 7:03:54 AM EDT
[#16]
Thanks for the tips and suggestions. I will he will make two separate deposits over a day or two, just in case
12/23/2007 7:08:52 AM EDT
[#17]

Quoted:
10,000.01(in a single transaction) is the red flag and paper work to the IRS...anything less is just business as usual.

I have cashed a check for 10k and wasnt a big deal, 10,000.01 and its paper work time





Quoted:
Bank Secrecy Act regulations implemented in 1972 require a wide range of financial institutions to file a Currency Transaction Report, IRS Form 4789, to report "each deposit, withdrawal, exchange of currency or other payment or transfer, by, through, or to such financial institution which involves a transaction in currency of more than $10,000" (31 CFR 103.22(b)(1)). The CTR, as the form is known, provides FinCEN with information on the amount and type of the transaction, the person or persons who conducted the transaction, and the person or persons who benefited from the transaction. In 1999, banks, money services businesses, securities broker-dealers, and other financial institutions filed more than 12 million CTRs.




So, it is $10000.01 and you get ratted out.
12/23/2007 7:39:03 AM EDT
[#18]

Quoted:
Thanks for the tips and suggestions. I will he will make two separate deposits over a day or two, just in case


The paranoia runs deep in you.
12/23/2007 8:05:04 AM EDT
[#19]
Currency (cash money) is all that matters.

Checks are irrelevant because they have the source of the money on the face of the instrument. A large bank will see several checks for more than your house is worth every day.

A CTR is required to be filed with a currency transaction greater than $10k. The customer will be told about the CTR. If they reduce the amount to avoid the CTR, it will be filed anyway.

A SAR is required to be filed if the transaction is suspicious. The $10k threshold does not apply to the SAR. The customer will not be told about the SAR. Structuring your deposits/withdrawals to avoid a CTR is definitely suspicious.
12/23/2007 8:11:55 AM EDT
[#20]

Quoted:
Currency (cash money) is all that matters.

Checks are irrelevant because they have the source of the money on the face of the instrument. A large bank will see several checks for more than your house is worth every day.

A CTR is required to be filed with a currency transaction greater than $10k. The customer will be told about the CTR. If they reduce the amount to avoid the CTR, it will be filed anyway.

A SAR is required to be filed if the transaction is suspicious. The $10k threshold does not apply to the SAR. The customer will not be told about the SAR. Structuring your deposits/withdrawals to avoid a CTR is definitely suspicious.


I thought it just had to do with cash, but me not trying to be the typical internet misinformation jackass I didnt want to give out bad info.

So under 10,000.01 its a good day



12/24/2007 6:49:27 AM EDT
[#21]

Quoted:
Thanks for the tips and suggestions. I will he will make two separate deposits over a day or two, just in case



While I disagree with this law.. this is a crime

It is a crime to 'structure' transactions to evade SAR reporting doing so could very well bring you more attention than just walking up with 10000.01 cash...

It's one of those things that while I don't agree with it, you just have to live with it, and like I said they are to busy looking at people that have allready popped up on the radar for other flags, they really don't care about your legal 10k yet... If the reason for this is that they are too busy or the goodness of their heart I don't know...

12/24/2007 7:11:32 AM EDT
[#22]
height=8
Quoted:
Thanks for the tips and suggestions. I will he will make two separate deposits over a day or two, just in case hat
Nunya

ETA: guess I should have read the last post first!
12/24/2007 7:13:33 AM EDT
[#23]
I dropped a check into my account for 15k, then proceeded to ask the teller about the 10k IRS notification...she said no...only for cash deals
12/24/2007 7:14:52 AM EDT
[#24]

Quoted:
10,000.01(in a single transaction) is the red flag and paper work to the IRS...anything less is just business as usual.

I have cashed a check for 10k and wasnt a big deal, 10,000.01 and its paper work time


There ya go.
12/24/2007 7:16:56 AM EDT
[#25]

Quoted:
Only cash deposits or other "unusual" activity. If the money was a gift, there are no tax consequences to the recipient (it is not income for income tax purposes).

I'll send you a bill for your friend of the friend to pay.
Is that true, someone could give you a gift and it won't count towards your income taxes?

I ask because my parents each gave me a large amount of money this year to put towards my home, and I am worried about paying taxes on those two gifts.
12/24/2007 7:18:14 AM EDT
[#26]
There are so many different types of reports and what not..

best advice (yes it pains me to say it, and it sucks)If your income is derived legaly and you have a decent paper trail no sense worrying about it, if your income is illegal you allready know how to get arround it or you deserve to get caught...


Yes it sucks
yes it is not what this country was founded on but your dealings with the bank are not private and have not been for a very very long time
12/24/2007 10:50:51 AM EDT
[#27]

Quoted:

Quoted:
Only cash deposits or other "unusual" activity. If the money was a gift, there are no tax consequences to the recipient (it is not income for income tax purposes).

I'll send you a bill for your friend of the friend to pay.
Is that true, someone could give you a gift and it won't count towards your income taxes?

I ask because my parents each gave me a large amount of money this year to put towards my home, and I am worried about paying taxes on those two gifts.


Absolutely true, as long as it is a legitimate gift (and not a "gift" to compensate you for something like work), it is tax free for income tax purposes. There is a federal estate and gift tax, but it is not paid by the recipient of the gift. It is paid by the giver of the gift, but the threshold where it kicks in is so high that very few people have to worry about it.
12/24/2007 11:04:15 AM EDT
[#28]
Gift limit PER YEAR is 10K.

SAR rules are complex, and hard to understand.

Structuring a deposit is more likely to get a SAR filed than a one time large cash deposit.

12/24/2007 11:20:07 AM EDT
[#29]

Quoted:
There are so many different types of reports and what not..

best advice (yes it pains me to say it, and it sucks)If your income is derived legaly and you have a decent paper trail no sense worrying about it, if your income is illegal you allready know how to get arround it or you deserve to get caught...


Yes it sucks
yes it is not what this country was founded on but your dealings with the bank are not private and have not been for a very very long time




Illegal income?  Huh?

All income in my 39 years has been EARNED and LEGALLY so.  I'm not a crook or a swindler. By me depositing the checks shows I'm not trying to hide anything, as I know my banking is NOT private.
Even when your law abiding, people still fear the IRS.  I've never been given a gift of this size before, so I was unaware that it was not taxable.

Your post was not advice, more of a statement, an insinuating one at that.


12/24/2007 11:26:45 AM EDT
[#30]

Quoted:

Quoted:
There are so many different types of reports and what not..

best advice (yes it pains me to say it, and it sucks)If your income is derived legaly and you have a decent paper trail no sense worrying about it, if your income is illegal you allready know how to get arround it or you deserve to get caught...


Yes it sucks
yes it is not what this country was founded on but your dealings with the bank are not private and have not been for a very very long time




Illegal income?  Huh?

All income in my 39 years has been EARNED and LEGALLY so.  I'm not a crook or a swindler. By me depositing the checks shows I'm not trying to hide anything, as I know my banking is NOT private.
Even when your law abiding, people still fear the IRS.  I've never been given a gift of this size before, so I was unaware that it was not taxable.

Your post was not advice, more of a statement, an insinuating one at that.





Get over yourself I dislike it just as much as you

I am not saying that the way things work are right but thats just the way it is

I was giving the best practical advice I could...
If the income is not from illegal sources then just deposit the whole thing. trying to break it up will attract more attention
12/24/2007 11:39:59 AM EDT
[#31]

Quoted:

Quoted:

Quoted:
There are so many different types of reports and what not..

best advice (yes it pains me to say it, and it sucks)If your income is derived legaly and you have a decent paper trail no sense worrying about it, if your income is illegal you allready know how to get arround it or you deserve to get caught...


Yes it sucks
yes it is not what this country was founded on but your dealings with the bank are not private and have not been for a very very long time




Illegal income?  Huh?

All income in my 39 years has been EARNED and LEGALLY so.  I'm not a crook or a swindler. By me depositing the checks shows I'm not trying to hide anything, as I know my banking is NOT private.
Even when your law abiding, people still fear the IRS.  I've never been given a gift of this size before, so I was unaware that it was not taxable.

Your post was not advice, more of a statement, an insinuating one at that.





Get over yourself I dislike it just as much as you

I am not saying that the way things work are right but thats just the way it is

I was giving the best practical advice I could...
If the income is not from illegal sources then just deposit the whole thing. trying to break it up will attract more attention



Nice asswipe, get over myself?  There is nothing to get over. What are you ten years old?  Where did I say you condone anything?  

I got the information I needed from others, without accusation.   Move on.

12/24/2007 11:42:46 AM EDT
[#32]
Palmer,
Merry Christmas,
No offense was intended obviousy some was taken.
I am sure all your income is legal never stated otherwise

I be done
12/25/2007 4:09:54 PM EDT
[#33]

Quoted:

Quoted:

Quoted:
Only cash deposits or other "unusual" activity. If the money was a gift, there are no tax consequences to the recipient (it is not income for income tax purposes).

I'll send you a bill for your friend of the friend to pay.
Is that true, someone could give you a gift and it won't count towards your income taxes?

I ask because my parents each gave me a large amount of money this year to put towards my home, and I am worried about paying taxes on those two gifts.


Absolutely true, as long as it is a legitimate gift (and not a "gift" to compensate you for something like work), it is tax free for income tax purposes. There is a federal estate and gift tax, but it is not paid by the recipient of the gift. It is paid by the giver of the gift, but the threshold where it kicks in is so high that very few people have to worry about it.
This is shocking news to me, I was told that you were only allowed a gift of $10K once per year.
12/25/2007 4:13:15 PM EDT
[#34]
I keep all transactions well under $10,000, just in case.