26 U.S.C. § 6050I — Returns relating to cash received in trade or business, etc.
submitted 42 years ago by Pub. L. 98-369 to r/title-26-INTERNAL-REVENUE-CODE · 960 words · no verdicts yet
This section requires businesses receiving more than $10,000 in cash in one transaction or related transactions to report it. It also prohibits structuring transactions to avoid reporting and covers certain bail receipts.
(a) Cash receipts of more than $10,000 Any person— (1) who is engaged in a trade or business*, and (2) who, in the course of such trade or business, receives more than $10,000 in cash in 1 transaction (or 2 or more related transactions), must make the return described in subsection
(b) about such transaction (or related transactions) at such time as the Secretary* may by regulations prescribe.
(b) Form and manner of returns A return is described in this subsection if such return— (1) is in such form as the Secretary may prescribe, (2) contains— (A) the name, address, and TIN* of the person from whom the cash was received, (B) the amount of cash received, (C) the date and nature of the transaction, and (D) such other information as the Secretary may prescribe.
(c) Exceptions (1) Cash received by financial institutions Subsection
(a) must not apply to— (A) cash received in a transaction reported under title 31, United States Code, if the Secretary determines that reporting under this section would duplicate the reporting to the Treasury under title 31, United States Code, or (B) cash received by any financial institution (as defined in subparagraphs (A), (B), (C), (D), (E), (F), (G), (J), (K), (R), and (S) of section 5312(a)(2) of title 31 , United States Code). (2) Transactions occurring outside the United States Except to the extent provided in regulations prescribed by the Secretary, subsection
(a) must not apply to any transaction if the entire transaction occurs outside the United States.
(d) Cash includes foreign currency and certain monetary instruments For purposes of this section, the term “cash” includes— (1) foreign currency, (2) to the extent provided in regulations prescribed by the Secretary, any monetary instrument (whether or not in bearer form) with a face amount of not more than $10,000, and (3) any digital asset (as defined in section 6045(g)(3)(D)). Paragraph (2) must not apply to any check drawn on the account of the writer in a financial institution referred to in subsection (c)(1)(B).
(e) Statements to be furnished to persons about whom information is required Every person required to make a return under subsection
(a) must give to each person whose name is required to be show in such return a written statement showing— (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the aggregate amount of cash described in subsection
(a) received by the person required to make such return. The written statement required under the preceding sentence must be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection
(a) was required to be made.
(f) Structuring transactions to evade reporting requirements prohibited (1) In general No person must for the purpose of evading the return requirements of this section— (A) cause or attempt to cause a trade or business to fail to file a return required under this section, (B) cause or attempt to cause a trade or business to file a return required under this section that contains a material omission or misstatement of fact, or (C) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more trades or businesses. (2) Penalties A person violating paragraph (1) of this subsection must be subject to the same civil and criminal sanctions applicable to a person which fails to file or completes a false or incorrect return under this section.
(g) Cash received by criminal court clerks (1) In general Every clerk of a Federal or State criminal court who receives more than $10,000 in cash as bail for any individual charged with a specified criminal offense must make a return described in paragraph (2) (at such time as the Secretary may by regulations prescribe) about the receipt of such bail. (2) Return A return is described in this paragraph if such return— (A) is in such form as the Secretary may prescribe, and (B) contains— (i) the name, address, and TIN of— (I) the individual charged with the specified criminal offense, and (II) each person posting the bail (other than a person licensed as a bail bondsman), (ii) the amount of cash received, (iii) the date the cash was received, and (iv) such other information as the Secretary may prescribe. (3) Specified criminal offense For purposes of this subsection, the term “specified criminal offense” means— (A) any Federal criminal offense involving a controlled substance, (B) racketeering (as defined in section 1951, 1952, or 1955 of title 18, United States Code), (C) money laundering (as defined in section 1956 or 1957 of such title), and (D) any State criminal offense substantially similar to an offense described in subparagraph (A), (B), or (C). (4) Information to Federal prosecutors Each clerk required to include on a return under paragraph (1) the information described in paragraph (2)(B) about an individual described in paragraph (2)(B)(i)(I) must give (at such time as the Secretary may by regulations prescribe) a written statement showing such information to the United States Attorney for the jurisdiction in which such individual resides and the jurisdiction in which the specified criminal offense occurred. (5) Information to payors of bail Each clerk required to make a return under paragraph (1) must give (at such time as the Secretary may by regulations prescribe) to each person whose name is required to be show in such return by reason of paragraph (2)(B)(i)(II) a written statement showing— (A) the name and address of the clerk’s office required to make the return, and (B) the aggregate amount of cash described in paragraph (1) received by such clerk.
Any person—
who is engaged in a trade or business*, and
who, in the course of such trade or business, receives more than $10,000 in cash in 1 transaction (or 2 or more related transactions),
shall make the return described in subsection (b) with respect to such transaction (or related transactions) at such time as the Secretary* may by regulations prescribe.
A return is described in this subsection if such return—
is in such form as the Secretary may prescribe,
contains—
the name, address, and TIN* of the person from whom the cash was received,
the amount of cash received,
the date and nature of the transaction, and
such other information as the Secretary may prescribe.
Subsection (a) shall not apply to—
cash received in a transaction reported under title 31, United States Code, if the Secretary determines that reporting under this section would duplicate the reporting to the Treasury under title 31, United States Code, or
cash received by any financial institution (as defined in subparagraphs (A), (B), (C), (D), (E), (F), (G), (J), (K), (R), and (S) of section 5312(a)(2) of title 31, United States Code).
Except to the extent provided in regulations prescribed by the Secretary, subsection (a) shall not apply to any transaction if the entire transaction occurs outside the United States.
For purposes of this section, the term “cash” includes—
foreign currency,
to the extent provided in regulations prescribed by the Secretary, any monetary instrument (whether or not in bearer form) with a face amount of not more than $10,000, and
any digital asset (as defined in section 6045(g)(3)(D)).
Paragraph (2) shall not apply to any check drawn on the account of the writer in a financial institution referred to in subsection (c)(1)(B).
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
the name, address, and phone number of the information contact of the person required to make such return, and
the aggregate amount of cash described in subsection (a) received by the person required to make such return.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
No person shall for the purpose of evading the return requirements of this section—
cause or attempt to cause a trade or business to fail to file a return required under this section,
cause or attempt to cause a trade or business to file a return required under this section that contains a material omission or misstatement of fact, or
structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more trades or businesses.
A person violating paragraph (1) of this subsection shall be subject to the same civil and criminal sanctions applicable to a person which fails to file or completes a false or incorrect return under this section.
Every clerk of a Federal or State criminal court who receives more than $10,000 in cash as bail for any individual charged with a specified criminal offense shall make a return described in paragraph (2) (at such time as the Secretary may by regulations prescribe) with respect to the receipt of such bail.
A return is described in this paragraph if such return—
is in such form as the Secretary may prescribe, and
contains—
the name, address, and TIN of—
the individual charged with the specified criminal offense, and
each person posting the bail (other than a person licensed as a bail bondsman),
the amount of cash received,
the date the cash was received, and
such other information as the Secretary may prescribe.
For purposes of this subsection, the term “specified criminal offense” means—
any Federal criminal offense involving a controlled substance,
racketeering (as defined in section 1951, 1952, or 1955 of title 18, United States Code),
money laundering (as defined in section 1956 or 1957 of such title), and
any State criminal offense substantially similar to an offense described in subparagraph (A), (B), or (C).
Each clerk required to include on a return under paragraph (1) the information described in paragraph (2)(B) with respect to an individual described in paragraph (2)(B)(i)(I) shall furnish (at such time as the Secretary may by regulations prescribe) a written statement showing such information to the United States Attorney for the jurisdiction in which such individual resides and the jurisdiction in which the specified criminal offense occurred.
Each clerk required to make a return under paragraph (1) shall furnish (at such time as the Secretary may by regulations prescribe) to each person whose name is required to be set forth in such return by reason of paragraph (2)(B)(i)(II) a written statement showing—
the name and address of the clerk’s office required to make the return, and
the aggregate amount of cash described in paragraph (1) received by such clerk.
Source credit: (Added Pub. L. 98–369, div. A, title I, § 146(a), July 18, 1984, 98 Stat. 685; amended Pub. L. 99–514, title XV, § 1501(c)(12), Oct. 22, 1986, 100 Stat. 2739; Pub. L. 100–690, title VII, § 7601(a)(1), Nov. 18, 1988, 102 Stat. 4503; Pub. L. 101–508, title XI, § 11318(a), (c), Nov. 5, 1990, 104 Stat. 1388–458, 1388–459; Pub. L. 103–322, title II, § 20415(a), (b)(3), Sept. 13, 1994, 108 Stat. 1832, 1833; Pub. L. 104–168, title XII, § 1201(a)(9), July 30, 1996, 110 Stat. 1469; Pub. L. 117–58, div. H, title VI, § 80603(b)(3), Nov. 15, 2021, 135 Stat. 1341.)
- 1984Enacted · Pub. L. 98-369 · 98 Stat. 685
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2739
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4503
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1994Amended · Pub. L. 103-322 · 108 Stat. 1832, 1833
- 1996Amended · Pub. L. 104-168 · 110 Stat. 1469
- 2021Amended · Pub. L. 117-58 · 135 Stat. 1341
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-369 on 1984-07-18.
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