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#754561 - 06/15/07 09:13 PM CTR?
Jeanie Offline
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Joined: Nov 2004
Posts: 12
Oklahoma
I am not sure if I need to file a CTR or not?

Wife comes in on Saturday and gets $10,000 cash from joint account. Monday morning husband comes in and gets $4,000 cash from same joint account. No other cash transactions were conducted on any of their other account (eith joint or individual).

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#754772 - 06/18/07 02:44 AM Re: CTR? Jeanie
David Dickinson Offline
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Central City, NE
Yep. The account had >$10,000 in cash withdrawn, so a CTR is required. List both in section A (use 2 A's).
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#754788 - 06/18/07 12:41 PM Re: CTR? David Dickinson
MagicCity Offline

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MagicCity
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And it was done on the same business day.

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#755101 - 06/18/07 05:43 PM Re: CTR? MagicCity
WonderWoman Offline
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gone fishin'
Don't the instructions say "by, or on behalf of the same individual"?

So unless you knew the transactions were on behalf of both individuals - would you have to combine them?
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#755723 - 06/19/07 02:11 PM Re: CTR? WonderWoman
David Dickinson Offline
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Central City, NE
Newsbsa brings up the controversial point. These are withdrawals, so you can argue that you don't have knowledge that both benefited from the withdrawals of the other. However, I'd error on the side of filing (if it's even an error).

I'd also wonder if this is structuring (to evade a CTR) and consider filing a SAR.
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#755890 - 06/19/07 04:37 PM Re: CTR? David Dickinson
John Burnett Offline
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Cape Cod
The controversy could stem from the way in which FinCEN has opined on this topic of withdrawals from joint accounts. They clearly say that cash deposits TO these accounts benefit all joint owners. Then they say unless you know differently, you should consider that cash withdrawals benefit all joint owners, too. File the CTR to be on the safe side.

As for the SAR suggestion, I'd look carefully at these withdrawals and any other similar patterns to see if there is apparent structuring. When you decide yes or no, either file the SAR and retain the documentation backing it up, or don't file a SAR and document your decision not to file.
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#756889 - 06/20/07 04:07 PM Re: CTR? John Burnett
WonderWoman Offline
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gone fishin'
Do you have a link so I can keep the FinCEN opinion for my files & training?

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#757114 - 06/20/07 06:42 PM Re: CTR? WonderWoman
John Burnett Offline
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Cape Cod
FinCEN doesn't still have this document on its site, but the FDIC has it connected to inactive FIL 70-95. Here's a link:
http://www.fdic.gov/news/news/inactivefinancial/1995/fil9570a.html

Look at question #14.
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