Avoiding Unintentional Structuring of Cash Transactions | Silver Law PLC (2024)

FAQs

How to avoid unintentional structuring? ›

For example, you might run a small retail shop that has daily cash deposits. The best thing you can do to avoid the suspicion of illegal activity is to just deposit the money all at once, whether it is a small amount from your daily sales or it is a large amount from a huge sale. Always file the appropriate forms.

It is a federal felony crime. A person convicted of cash structuring would face substantial fines and up to five years in prison. Cash structuring can lead to additional felony charges. The government may also tack on tax evasion charges in addition to cash structuring.

Money Laundering - Illegal Structuring. [Defendant] is charged with violating that portion of the federal money laundering statute that prohibits structuring transactions to avoid reporting requirements. It is against federal law to engage in such conduct.

The IRS requires Form 8300 to be filed if more than $10,000 in cash is received from the same payer or agent in any of the following ways: In one lump sum. In two or more related payments within 24 hours. As part of a single transaction or two or more related transactions within 12 months.

Depending on the situation, deposits smaller than $10,000 can also get the attention of the IRS. For example, if you usually have less than $1,000 in a checking account or savings account, and all of a sudden, you make bank deposits worth $5,000, the bank will likely file a suspicious activity report on your deposit.

Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

For example, a customer may structure currency deposit or withdrawal transactions, so that each is less than the $10,000 CTR filing threshold; use currency to purchase official bank checks, money orders, or traveler's checks with currency in amounts less than $10,000 (and possibly in amounts less than the $3,000 ...

In order to show that a person is guilty of structuring to avoid having a bank file a Currency Transaction Report (CTR) with the IRS, the government must prove three elements: (1) the defendant (or a claimant in a civil forfeiture case) must have engaged in acts of structuring cash desposits or withdrawals at a ...

For example, if someone has $50,000 in cash to deposit in their bank, should they choose to deposit it through five deposits of $9,999 and one deposit of $5, with the intent to avoid the reporting requirement, they have committed the crime of structuring.

There is nothing illegal about depositing less than $10,000cash unless it is done specifically to evade the reporting requirement.

How much money can you withdraw without suspicion? ›

That said, cash withdrawals are subject to the same reporting limits as all transactions. If you withdraw $10,000 or more, federal law requires the bank to report it to the IRS in an effort to prevent money laundering and tax evasion.

Thanks to the Bank Secrecy Act, financial institutions are required to report withdrawals of $10,000 or more to the federal government. Banks are also trained to look for customers who may be trying to skirt the $10,000 threshold. For example, a withdrawal of $9,999 is also suspicious.

Rule. The requirement that financial institutions verify and record the identity of each cash purchaser of money orders and bank, cashier's, and traveler's checks in excess of $3,000.

You can deposit as much as you need to, but your financial institution may be required to report your deposit to the federal government. That doesn't mean you're doing anything wrong—it just creates a paper trail that investigators can use if they suspect you're involved in any criminal activity.

Depositing $3,000 in cash into your bank account every month will not necessarily trigger an audit by the Internal Revenue Service (IRS). However, the IRS may be required to report large cash transactions to the Financial Crimes Enforcement Network (FinCEN) under the Bank Secrecy Act (BSA).

To safely deposit a large amount of cash, visit a brick-and-mortar branch operated by your financial institution. Contact your financial institution if you plan to make a sizable deposit, said Christopher Naghibi, executive vice president and chief operating officer at First Foundation Bank.

Definition. Structuring is the act of parceling what would otherwise be a large financial transaction into a series of smaller transactions to avoid scrutiny by regulators and law enforcement.