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Toasters, Teddy Bears and Other Freebies
by Mary Beth Guard, BOL Guru

Construction of a marketing plan to get deposits in the door may entail the use of enticements. If you are planning an advertising promotion that involves giving something to the customer, there are three issues you must address:
  1. Is it legal?
  2. Is it a bonus for purposes of Regulation DD?
  3. Is it going to be reportable to the IRS (and thus taxable to the customer)?
Regulation Q prohibits paying interest on demand deposits, so it is important to understand what constitutes interest for purposes of that prohibition. If the customer is a consumer and what you give them constitutes a bonus under Regulation DD, you must include the appropriate bonus disclosures in your account disclosures, plus, if you advertise the bonus, you will trigger the need to include certain other information in your advertisement. In addition, if the customer is given something that the IRS considers reportable interest, it will be taxable to the customer and you'll need to report it to IRS.

The matrix below helps keep it all straight.

Understanding Interest and Bonuses

  Interest for Reg Q purposes? Y or N Bonus under Reg DD?
Y or N
Reportable as Interest?
Y or N
Legal for DDAs?
Y or N
Waiver or reduction of fees
Examples:
  • Free or lower cost safe deposit boxes
  • Free online bill payments;
  • Lower or no fees for traveler's checks for accountholders;
N N N Y
Absorption of expenses
Example:
  • Interest rate discounts on loans for deposit accountholders;
N N N Y
Discount coupons for goods or services at restaurants/stores (with no cost to the bank) N N N Y
Payment to the depositor as compensation for use of funds constituting a deposit, if:
  1. Given at the time of the opening of a new account, or adding to an existing account;
  2. No more than two premiums per account are given within a 12-month period; and
  3. The value of the premium, (or in the case of articles of merchandise, the total costs, including taxes, shipping, warehousing, packaging and handling costs) does not exceed:
    • $10 for deposits of less than $5,000; or
    • $20 for deposits of $5,000 or more
N Y if more than $10 per account per calendar year is given for a specific promotion.(You aggregate per account only the market value of items that may be given for a specific promotion.) Y if $10 or more of reportable interest is paid to a customer during a year. Y if it meets all three criteria. If it is given at the time of opening the account or adding to an existing account but is over the amount limits in #2 & 3, it is not permissible under Reg Q.
Giving the customer a premium in any amount that is not, directly or indirectly:
  • Related to; or
  • Dependent upon
the balance in a demand deposit account and the duration of the account balance.
If you don't require a minimum balance or require the balance to remain on deposit for a particular period of time in order to earn the bonus, you can utilize this part of Regulation Q to allow you to provide something to your in connection with a demand deposit account without it being limited to the time of opening or adding to the account and without it being limited in amount.
N Y if more than $10 per account per calendar year is given for a specific promotion.
(You aggregate per account only the market value of items that may be given for a specific promotion.)
Y if $10 or more of reportable interest is paid to a customer during a year. Y if it conforms to the criteria.
The original version appeared in the June 2002 edition of the Oklahoma Bankers Association Compliance Informer.

First published on BankersOnline.com 11/11/02




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