Bloomberg Bloomberg
Comprehensive Tax Research. Practitioner to Practitioner. ®

Internal Revenue Code, § 6050I. Returns Relating To Cash Received In Trade Or Business, Etc.

I.R.C. § 6050I(a) Cash Receipts Of More Than $10,000
Any person—
I.R.C. § 6050I(a)(1)
who is engaged in a trade or business, and
I.R.C. § 6050I(a)(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),
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.
I.R.C. § 6050I(b) Form And Manner Of Returns
A return is described in this subsection if such return—
I.R.C. § 6050I(b)(1)
is in such form as the Secretary may prescribe,
I.R.C. § 6050I(b)(2)
contains—
I.R.C. § 6050I(b)(2)(A)
the name, address, and TIN of the person from whom the cash was received,
I.R.C. § 6050I(b)(2)(B)
the amount of cash received,
I.R.C. § 6050I(b)(2)(C)
the date and nature of the transaction, and
I.R.C. § 6050I(b)(2)(D)
such other information as the Secretary may prescribe.
I.R.C. § 6050I(c) Exceptions
I.R.C. § 6050I(c)(1) Cash Received By Financial Institutions
Subsection (a) shall not apply to—
I.R.C. § 6050I(c)(1)(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
I.R.C. § 6050I(c)(1)(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).
I.R.C. § 6050I(c)(2) Transactions Occurring Outside The United States
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.
I.R.C. § 6050I(d) Cash Includes Foreign Currency And Certain Monetary Instruments
For purposes of this section, the term “cash” includes—
I.R.C. § 6050I(d)(1)
foreign currency, and
I.R.C. § 6050I(d)(2)
to the extent provided in regulations provided by the Secretary, any monetary instrument (whether or not in bearer form) with a face amount of not more than $10,000.
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).
I.R.C. § 6050I(e) Statements To Be Furnished To Persons With Respect To Whom Information Is Required
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—
I.R.C. § 6050I(e)(1)
the name, address, and phone number of the information contact of the person required to make such return, and
I.R.C. § 6050I(e)(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 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.
I.R.C. § 6050I(f) Structuring Transactions To Evade Reporting Requirements Prohibited
I.R.C. § 6050I(f)(1) In General
No person shall for the purpose of evading the return requirements of this section—
I.R.C. § 6050I(f)(1)(A)
cause or attempt to cause a trade or business to fail to file a return required under this section,
I.R.C. § 6050I(f)(1)(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
I.R.C. § 6050I(f)(1)(C)
structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more trades or businesses.
I.R.C. § 6050I(f)(2) Penalties
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.
I.R.C. § 6050I(g) Cash Received By Criminal Court Clerks
I.R.C. § 6050I(g)(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 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.
I.R.C. § 6050I(g)(2) Return
A return is described in this paragraph if such return—
I.R.C. § 6050I(g)(2)(A)
is in such form as the Secretary may prescribe, and
I.R.C. § 6050I(g)(2)(B)
contains—
I.R.C. § 6050I(g)(2)(B)(i)
the name, address, and TIN of—
I.R.C. § 6050I(g)(2)(B)(i)(I)
the individual charged with the specified criminal offense, and
I.R.C. § 6050I(g)(2)(B)(i)(II)
each person posting the bail (other than a person licensed as a bail bondsman),
I.R.C. § 6050I(g)(2)(B)(ii)
the amount of cash received,
I.R.C. § 6050I(g)(2)(B)(iii)
the date the cash was received, and
I.R.C. § 6050I(g)(2)(B)(iv)
such other information as the Secretary may prescribe.
I.R.C. § 6050I(g)(3) Specified Criminal Offense
For purposes of this subsection, the term “specified criminal offense” means—
I.R.C. § 6050I(g)(3)(A)
any Federal criminal offense involving a controlled substance,
I.R.C. § 6050I(g)(3)(B)
racketeering (as defined in section 1951, 1952, or 1955 of title 18, United States Code),
I.R.C. § 6050I(g)(3)(C)
money laundering (as defined in section 1956 or 1957 of such title), and
I.R.C. § 6050I(g)(3)(D)
any State criminal offense substantially similar to an offense described in subparagraph (A), (B), or (C).
I.R.C. § 6050I(g)(4) Information To Federal Prosecutors
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.
I.R.C. § 6050I(g)(5) Information To Payors Of Bail
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--
I.R.C. § 6050I(g)(5)(A)
the name and address of the clerk's office required to make the return, and
I.R.C. § 6050I(g)(5)(B)
the aggregate amount of cash described in paragraph (1) received by such clerk.
(Added Pub. L. 98-369, div. A, title I, Sec. 146(a), July 18, 1984, 98 Stat. 685, and amended Pub. L. 99-514, title XV, Sec. 1501(c)(12), Oct. 22, 1986, 100 Stat. 2739; Pub. L. 100-690, title VII, Sec. 7601(a)(1), Nov. 18, 1988, 102 Stat. 4503; Pub. L. 101-508, title XI, Sec. 11318(a), (c), Nov. 5, 1990, 104 Stat. 1388-458, 1388-459; Pub. L. 103-322, Sec. 20415(a), Sept. 13, 1994.)
BACKGROUND NOTES
AMENDMENTS
1996 - Subsec. (e)(1). Pub. L. 104-168, Sec. 1201(a), substituted “name, address, and phone number of the information contact” for “name and address”.
1994 - Sec. 6050I. Pub. L. 103-322, Sec. 20415(b)(3), substituted “business, etc.” for “business” in the heading.
Subsec. (g). Pub. L. 103-322, Sec. 20415(a) added subsec. (g).
1990 - Subsec. (d). Pub. L. 101-508, Sec. 11318(a), substituted heading for one which read: “Cash includes foreign currency” and amended text generally. Prior to amendment, text read as follows: “For purposes of this section, the term ‘cash’ includes foreign currency.”
Subsec. (f). Pub. L. 101-508, Sec. 11318(c), substituted heading for one which read: “Actions by payors”.
1988 - Subsec. (f). Pub. L. 100-690 added subsec. (f).
1986 - Subsec. (e). Pub. L. 99-514 substituted “information is required” for “information is furnished” in heading and, in text, substituted references to persons required to make a return for former references to persons making a return and references to persons whose name is required to be set forth for former references to persons whose name is set forth.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 1201(a) of Pub. L. 104-168 applicable to statements required to be furnished after Dec. 31, 1996 (determined without regard to any extension).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 20415(c)-(d) of Pub. L. 103-322 provided that:
“(c) Regulations--The Secretary of the Treasury or the Secretary's delegate shall prescribe temporary regulations under the amendments made by this section within 90 days after the date of enactment of this Act.
“(d) Effective Date--The amendments made by this section shall take effect on the 60th day after the date on which the temporary regulations are prescribed under subsection (c).”
EFFECTIVE DATE OF 1990 AMENDMENT
Section 11318(e) of Pub. L. 101-508 provided that:
“(1) The amendments made by subsections (a) and (b) (amending this section and section 6721 of this title) shall apply to amounts received after the date of the enactment of this Act (Nov. 5, 1990).
“(2) The amendment made by subsection (c) (amending this section) shall take effect on the date of the enactment of this Act.
“(3) Not later than June 1, 1991, the Secretary of the Treasury or his delegate shall prescribe regulations under section 6050I(d)(2) of the Internal Revenue Code of 1986 (as amended by this section).”
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7601(a)(3) of Pub. L. 100-690 provided that: “The amendments made by this subsection (amending this section and sections 6721 and 7203 of this title) shall apply to actions after the date of the enactment of this Act (Nov. 18, 1988).”
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L. 99-514, set out as an Effective Date note under section 6721 of this title.
EFFECTIVE DATE
Section 146(d) of Pub. L. 98-369 provided that: “The amendments made by this section (enacting this section and amending sections 6652 and 6678 of this title) shall apply to amounts received after December 31, 1984.”
REPORTS ON USES MADE OF CURRENCY TRANSACTION REPORTS
For requirement of Secretary of the Treasury to report to Congress on number of reports filed under this section yearly, the rate of compliance with reporting requirements, the manner in which Federal agencies collect, organize and analyze such data, and sanctions imposed and indictments filed for failure to comply, see section 101 of Pub. L. 101-647, set out as a note under section 5311 of Title 31, Money and Finance.
ALLOWANCE OF ELECTRONIC 1099S
Sec. 401 of Pub. L. 107-147 provided that:
“Any person required to furnish a statement under any section of subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 for any taxable year ending after the date of the enactment of this Act, may electronically furnish such statement (without regard to any first class mailing requirement) to any recipient who has consented to the electronic provision of the statement in a manner similar to the one permitted under regulations issued under section 6051 of such Code or in such other manner as provided by the Secretary.”
NO INFERENCE TO BE DRAWN FROM AMENDMENT
Section 7601(a)(4) of Pub. L. 100-690 provided that: “No inference shall be drawn from the amendment made by paragraph (1) (amending this section) on the application of the Internal Revenue Code of 1986 without regard to such amendment.”