Does anyone have trouble with Convenience Stores providing financial statements to support the eligible activities calculation for CTR exemption?

Thank you.

I own a small business. There is no circumstance outside a lending relationship where I would give a bank a copy of my financial statements. As far as I'm concerned, the bank can file CTRs on me or not, I simply do not care.

Bankers tell me that many of their clients have a shared perspective. So, it's a given that you will encounter some pushback.

FIN 2009-G001 is one of the most poorly written of all FinCEN issuances, stopping short of any really helpful answer in virtually every place where one was needed. For example:

If available, a bank is encouraged to request and review a business customer’s audited financial statements; however, other information may be similarly relied upon providing that it allows the bank to make a reasonable determination regarding the portion of the customer’s annual gross revenues that is derived from ineligible business activities.

What small business has "audited" financial statements? What small business breaks out its sources of income on its financial statements; e.g. how much did the convenience store make from lottery ticket sales in any specific time frame corresponding to an exemption?

There's enough limiting language to indicate that requiring financials is not required, per se. This is an area where examiners, rightly and wrongly, exercise a lot of discretion. Talk to the EIC from your last exam about what's expected.

P.S. Some of my Miami clients would close my account for refusing to provide anything requested under the heading of BSA compliance...they're a tough bunch.

I have made the effort to ask for statements from the "large" convenience chain. I have a review form completed by the customer that has percentages broken down, but examiners states that we need the back up documentation. I'd file CTR's in a heartbeat, but then we get into the situation of asking for identification information on the personel making the deposit.

Thanks for the help.

Then yours is exercising the discretion I mentioned "wrongly," but I understand your position.

Try printing out the guidance linked above and sitting down for a discussion. Again, it absolutely does not require copies of the financial statements so you might (very gently) ask how they intend to write this up in the written report. It should be difficult for them to criticize you for not having something you are not required to have...

"Some of my Miami clients would close my account for refusing to provide anything requested under the heading of BSA compliance...they're a tough bunch."

Amen, brother!

I'd file CTR's in a heartbeat, but then we get into the situation of asking for identification information on the personel making the deposit.

Well they can either cooperate with that or cough up their financial statements or you can close their account.