There is a popular sci-fi
show on TV called The 4400. It features some 4,400 people who were abducted by
aliens and returned to earth en masse. Not surprisingly, the arrival of these
folks causes some fear and confusion among the locals, as well as the
abductees. It seems to be human nature to be fearful of the unknown. Eek! Be
afraid — be very, very afraid!
I’ve been working with some
folks lately on a variety of dealer F&I issues, and was surprised to see
some fear and confusion around “The 8300.”No, 8,300 alien abductees did not
show up at the Hummer dealership down the street. I’m talking about the
IRS/FinCEN Form 8300 that dealers need to complete and submit when they are a
party in a transaction where $10,000 or more in cash changes hands. It seems
like such a simple thing. You fill
out a little form and drop it in the mail. Apparently not, as it has caused
even sane people to go around the bend. So I thought I’d use this month’s
column to ease some fears.
First, as much as I’d like to
lay it all out for you right here, my good editors don’t let me have enough
room to write the treatise I could on this topic. So, if you have specific
questions, reach out to your legal professional to get the right answer. All
you’re going to get here are the highlights. Here we go.
What triggers your obligation
to complete and submit the Form 8300 to the IRS is your receipt (or payment) of
$10,000 or more in cash in a single transaction or related transactions. There
are instructions on the form itself about where to mail it. The reporting
requirement is triggered within 15 days after receipt of the cash, requiring
dealers to submit the form to the IRS.
Cash is exactly what you
think it is — cold hard currency and coins. Doesn’t matter if it’s U.S.
dollars, bagfuls of shiny new pennies, Iraqi dinar or Icelandic krona. It’s all
cash, and if it adds up to $10,000 U.S. dollars or its equivalent, you fill out
the form.
Being that this is a
government requirement, cash is also not what you think it is. For example, if
someone buys a car from you and pays for it (in whole or in part) with a
cashier’s check, bank draft, money order or traveler’s check of $10,000 or
less, you do the form. What’s that — you think the “or less” is a misprint? No,
you read it right. The folks who issue these instruments have their own
reporting requirements for purchases of $10,000 or more in cash.
Think you know what a single
transaction is? Not so fast. What about a couple that comes in and buys two
cars (one for each) and puts down $15,000 in Ben Franklins? I think the IRS would
look at that as a single transaction … I think they’d look at it as related
transactions as well. What are related transactions, you ask? Two or more
transfers of $10,000 or more in the aggregate in a 24-hour period. Related
transactions also include those that occur more than 24 hours apart if you
know, or have reason to know, that each of the transactions is one of a series
of connected transactions.
These related transactions
come around when you least expect it. Let’s say you’ve got a customer who
bought a car from you and put down $3,000 in cash. You hold the paper, and they
pay you another $7,000 in cash over the next 11 months. You fill out the form
within 15 days after the payment that hit the $10,000 mark in the aggregate in
a 12-month period.
If you report a cash
transaction of $10,000 or more on the Form 8300, you also have to tell the
individual in writing that you made the report. It doesn’t need to be handed to
the customer at the dealership (although you could).A notice does, however,
need to be provided to the customer by Jan. 31 of the following year. The
notice has to include the name and address of the person completing the Form
8300, the total amount of cash involved in the report and a notice that this
information has been provided to the IRS.
This last bit is important,
because I don’t know one dealer who wants to say anything to a customer that
will do anything to impede the sale. And there are some customers who would balk
if they knew that the $15,000 in dimes they were about to drop on you was going
to be reported to Uncle Sam.
While you don’t have to say
anything to the customer about the reporting requirement (other than the
written notice that goes to them by Jan. 31), you want to be very careful if
you do. Why, you ask? Because you are prohibited from doing, or attempting to
do, anything to help the customer structure a transaction in order to avoid the
reporting requirement. If you do, both you and the dealership (i.e., the
principal and/or general manager) may find yourselves in orange jumpsuits. You
may also find your wallet quite a bit lighter. What you think is just good
customer service will not be looked kindly upon by our good friends in the
government. I don’t know about you, but orange isn’t my first sartorial choice,
and I like a heavy wallet.
There are as many Form 8300
scenarios as there are franchise rooftops across the country. So if you have a
question, reach out for your friendly legal professional. Like I said before, these
are just the highlights. Should you be confused about your Form 8300 reporting
requirement? Absolutely not. While some situations are tricky, it’s not too
hard to figure out when $10k walks through the door. Should you be fearful of
the Form 8300? Only if you don’t file it when you’re supposed to, or you try to
help folks avoid the reporting requirement. In these cases, be very afraid.
Michael Benoit is a
partner in the Washington, D.C., office of Hudson Cook LLP. He is a frequent speaker and
writer on a variety of consumer credit topics. He can be reached at michael.benoit@bobit.com. Nothing
in this article is intended to be legal advice and should not be taken as such.
All legal questions should be addressed to competent counsel.