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FinCEN makes CTR FAQ change (updated)
Thanks to a post in BankersOnline's BSA/AML/CIP/OFAC discussion forum by one of our newest users, we've learned that FinCEN has updated its FAQ document on CTR filing to change the answer to Question 16 concerning transactions in which the conductor has more than one role. The change was made without public announcement, although there may have been a notice behind FinCEN's e-filing login wall..
Current instructions for the CTR indicate that when a conductor completes a currency transaction on the conductor's own behalf and on behalf of another person (e.g.,a business owner depositing a reportable amount of cash to a personal account and to an entity business account), the reporter completes one Part I for the conductor and checks the first "role" in item 2 that applies, starting at the left. That would be check box 2a, indicating a transaction conducted on behalf of oneself. The total amount is reported in that Part I entry.
Apparently, FinCEN would like such a CTR completed differently. Question 16 in the FAQ now says that there should be two Part I entries for the conductor -- one with item 2a checked for the transaction "completed on own behalf" (the deposit to the personal account) and the other with item 2b checked to report the part of the transaction conducted on behalf of another (the business). And of course, there is still the Part I entry for the business with item 2c checked (person on which behalf transaction was conducted).
The discussion thread indicates FinCEN's Help Line says the change won't be enforced until the instructions are updated and more formal guidance provided. FinCEN should also review its response to FAQ question 22 before finalizing those instructions and guidance. But, of course, none of this comes straight from FinCEN.
UPDATE (9/18/2019): We've learned (and verified) that FinCEN has restored the answer to Question 16 in the FAQ to conform to the instructions on the current version of the CTR.