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6/18/18

Bank Secrecy Act and Tax Implications in the U.S.

In the United States, any transaction that is more than $10,000 in any single cash transaction or within a series of these same transactions must then report this exchange to the Internal Revenue Service for tracking and data. This affects businesses, individuals, entities and nonprofit organizations. This is for any cash transfer that is over $10,000, is a lump sum, is two ore more related payments from a source that combined is over $10,000, are a single payment transaction that may occur within a twelve-month period, are received for trade or business, are from the same person or source or received in either a single transaction or multiple similar transactions. This $10,000 rule affects deposits, withdrawals and transactions with others such as a company. If someone were to purchase a vehicle for $15,000 in a single cash payment, this would need to be reported. The same is needed for payments on the vehicle for less than a year in cash when the amount exceeds $10,000. However, it is possible for the payments to stretch to over a year’s time, and this then is outside of this rule regarding cash payments. It is important to understand these rules fully so that the individual is prepared for his or her transactions being reported to the IRS. What is a Re portable Transaction? The transaction of a $10,000 cash interaction is the true test of what is reportable, but there are other instances that may lead to these same situations. This may involve the sale of products, services, real estate property and other intangible property such as stocks and bonds. Rental of these same items may also incur a reportable transaction as well as cash that is exchanged for other cash such as foreign exchange. Trust escrow accounts secured for living trusts and other estate transactions are included. Loan repayments, conversion of cash into checks or bonds and similar exchanges are reportable. These are all considered related transactions. And they may occur between the same person that is buying or selling or even agents involved in these interactions when within a 24-hour period. Usually, these parties are aware that the transactions are related in some manner. Similar situations include vehicle purchase with added plans such as insurance programs or warranties that exceed the $10,000 limit are reportable. The same is possible when the buyer or seller are interacting within 48 hours of the original purchase or transaction and increase the initial amount to over the limit. These are considered related to the IRS. Cash Explained with the $10,000 Rule Cash is considered any United States coins or currency used in the country as well as any currency from another nation. This may include cashier’s checks, money orders purchased or used, certified checks, traveler’s checks obtained by the individual and certain bank drafts. The bank draft must be for $10,000 or a lesser amount and has been received by the company such as for sales of consumer durable goods which may include cars, other vehicles, traveling and even entertainment. The actions of the buyer could lead to reportable transactions such as when he or she is actively attempting to avoid the transaction being reported. Personal checks are not usually considered cash when applied to the Bank Secrecy Act Compliance. This is also true of wire transfers. This could lead to a person buying a vehicle through both cash and a wire transfer that is less than the $10,000 in total for what is considered cash under these rules. However, converting American cash into another country’s currency is reportable when it exceeds the maximum amount. Additionally, the tax forms affected by these transactions could require additional sections filled out based on what the person has completed and accomplished during the year. The IRS has a record of these cash interactions and an audit or other action may occur when the person attempts to hide these situations. Tax Lawyer for Bank Secrecy Act Not all reportable transactions are illegal or improper even when they have been reported to the IRS. However, it is imperative for taxes and other situations to hire a tax lawyer to ensure all documentation is filled out correctly and with valid information. Copyright HG.org

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