I have a commercial customer with 1 Corporate name, 2 DBA names for the coporation and both DBAs have different NAICS codes. Both businesses use the EIN of the Corp.

When completing a CTR, should I have 1 Part 1, 2 DBA names and choose 1 or neither of the NAICS codes

OR

2 Part 1s; listing each DBA name and it's NAICS code?

I know the NAICS code isn't required, but I've been making an effort to include all info I can.

Do not fill in separate entries for each DBA. You are only reporting on one "person," the corporation. If multiple NAICS codes apply, pick one.

The response is my own. The one you get from the Helpline may serve you better in a third party review.

We have a similar situation - one corp with two DBA's, each with a separate NAICS code and address. Because of the totally separate business types, FinCEN guidance received in April was to have two part 1's - one for each DBA.

That runs counter to some fundamental directions I've had from FinCEN. So, I called the Helpline this morning. They indicated that the corporation would only be listed once. Multiple DBA's could be listed with a semi-colon separating each of them. If the corporation had more than one line of business it would not be listed twice just to facilitate the second NAICS code.

Again, I suggest you pick one. Alternatively, skip the NAICS field and list both lines of business in the "occupation or type of business" box. You have 30 characters to devote to the purpose.

Thanks, Ken. It's really unsettling to get such conflicting guidance from the FinCEN helpdesk . . .

I'm going to muddy the waters some more.

I called the helpline. I was instructed to file one Part I for the corp, include the DBA name of the business that had the most cash in the transaction, and the NAICS code of that DBA.

I asked specifically if should list the multiple DBAs in the DBA field. I was told "no."

AGGGGGHHHHH!

I'm sorry, but you cannot possibly take responsibility for muddying the water. That clearly rests elsewhere.

Like 75% of the "issues" in CTR completion, none of this makes any real difference unless you have an examiner who is positive what the right answer is. If FinCEN gives an array of answers to the same question the bank is just left in the soup.

And that is why many banks find that they need to call FinCEN for an "answer," documenting the call, the date and the name of the FinCEN employee they spoke with. If I were in the bankers' shoes, I ask for an employee ID number just to ice the cake.

I did. She said she didn't have an employee number she could give me, but she was the only person there by that name. For the record, I didn't like the answer I got, so I'm filing with one Part 1, list both DBAs in the alternate name field, and no NAICS codes. I'll put a memo in the file regarding my call to FinCEN and my decision.

Based on some follow-up conversation, they confirmed that callers are supposed to be told:



It was added that if there is not enough space in the DBA field to list all of the DBA names, the bank should maintain documentation of their existence. It seems likely that any future revision of the CTR would allow for the listing of multiple DBA names just as the SAR currently does.

Sorry to bring this one up again.

Any further updates on this topic? I have a Gas Station that also has Slot Machines/Gaming on-site that they handle. For EDD / Risk Rating purposes we elect to use the NAICS code with the highest risk (Gaming), however for the CTR we use the NAICS for the business' primary business (Gas Station).

Audit is saying we should be consistent. Not sure what to do here.

Audit's position is unassailable; be consistent.

I agree we should be consistent. But I'm curious how others handle this. Do you NAICS based on Highest Risk, or by Main type of business?

For BSA reporting purposes, I'd go by main type of business for all CTR and/or SAR filings.

But, for my own internal monitoring purposes, in a perfect world, with the right database capabilities, I'd try to use any and all that applied, depending on what I'm trying to accomplish.

(i.e., am I trying to ascertain how many customers have slot machines on site (that I know about)? I'd need to be able to pull up customers with that NAICS code. If I just want to compare cash activity for my customers which are gas stations, I'd use the other.)