Form 8300 - General Instructions Pages 3-4 - 1997
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Form 8300 (Rev. 8-97)
Page
regarding transactions occurring in Puerto
Penalties.—You may be subject to
Item You Should Note
Rico, the Virgin Islands, and territories and
penalties if you fail to file a correct and
Clerks of Federal or State courts must now
possessions of the United States.
complete Form 8300 on time and you
file Form 8300 if more than $10,000 in
cannot show that the failure was due to
In a transaction that is not in the course
cash is received as bail for an individual(s)
reasonable cause. You may also be
of a person’s trade or business.
charged with certain criminal offenses. For
subject to penalties if you fail to furnish
When to file.—File Form 8300 by the 15th
these purposes, a clerk includes the clerk’s
timely a correct and complete statement to
day after the date the cash was received.
office or any other office, department,
each person named in a required report. A
If that date falls on a Saturday, Sunday, or
division, branch, or unit of the court that is
minimum penalty of $25,000 may be
legal holiday, file the form on the next
authorized to receive bail. If a person
imposed if the failure is due to an
business day.
receives bail on behalf of a clerk, the clerk
intentional disregard of the cash reporting
is treated as receiving the bail.
Where to file.—File the form with the
requirements.
Internal Revenue Service, Detroit
If multiple payments are made in cash to
Penalties may also be imposed for
Computing Center, P.O. Box 32621,
satisfy bail and the initial payment does
causing, or attempting to cause, a trade or
Detroit, Ml 48232, or hand carry it to your
not exceed $10,000, the initial payment
business to fail to file a required report; for
local IRS office.
and subsequent payments must be
causing, or attempting to cause, a trade or
aggregated and the information return
Statement to be provided.—You must
business to file a required report containing
must be filed by the 15th day after receipt
give a written statement to each person
a material omission or misstatement of
of the payment that causes the aggregate
named on a required Form 8300 on or
fact; or for structuring, or attempting to
amount to exceed $10,000 in cash. In such
before January 31 of the year following the
structure, transactions to avoid the
cases, the reporting requirement can be
calendar year in which the cash is
reporting requirements. These violations
satisfied either by sending a single written
received. The statement must show the
may also be subject to criminal
statement with an aggregate amount listed
name, telephone number, and address of
prosecution which, upon conviction, may
or by furnishing a copy of each Form 8300
the information contact for the business,
result in imprisonment of up to 5 years or
relating to that payer. Payments made to
the aggregate amount of reportable cash
fines of up to $250,000 for individuals and
satisfy separate bail requirements are not
received, and that the information was
$500,000 for corporations or both.
required to be aggregated. See Treasury
furnished to the IRS. Keep a copy of the
Definitions
Regulations section 1.6050I-2.
statement for your records.
Cash.—The term “cash” means the
Casinos must file Form 8300 for
Multiple payments.—If you receive more
following:
nongaming activities (restaurants, shops,
than one cash payment for a single
etc.).
U.S. and foreign coin and currency
transaction or for related transactions, you
must report the multiple payments any
received in any transaction.
General Instructions
time you receive a total amount that
A cashier’s check, money order, bank
exceeds $10,000 within any 12-month
draft, or traveler’s check having a face
Who must file.—Each person engaged in
period. Submit the report within 15 days of
amount of $10,000 or less that is received
a trade or business who, in the course of
the date you receive the payment that
in a designated reporting transaction
that trade or business, receives more than
causes the total amount to exceed
(defined below), or that is received in any
$10,000 in cash in one transaction or in
$10,000. If more than one report is
transaction in which the recipient knows
two or more related transactions, must file
required within 15 days, you may file a
that the instrument is being used in an
Form 8300. Any transactions conducted
combined report. File the combined report
attempt to avoid the reporting of the
between a payer (or its agent) and the
no later than the date the earliest report, if
transaction under section 6050I.
recipient in a 24-hour period are related
filed separately, would have to be filed.
Note: Cash does not include a check
transactions. Transactions are considered
Taxpayer identification number (TIN).—
drawn on the payer’s own account, such as
related even if they occur over a period of
You must furnish the correct TIN of the
a personal check, regardless of the amount.
more than 24 hours if the recipient knows,
person or persons from whom you receive
Designated reporting transaction.—A
or has reason to know, that each
the cash and, if applicable, the person or
retail sale (or the receipt of funds by a
transaction is one of a series of connected
persons on whose behalf the transaction is
broker or other intermediary in connection
transactions.
being conducted. You may be subject to
with a retail sale) of a consumer durable, a
Keep a copy of each Form 8300 for 5
penalties for an incorrect or missing TIN.
collectible, or a travel or entertainment
years from the date you file it.
The TIN for an individual (including a
activity.
Voluntary use of Form 8300.—Form 8300
sole proprietorship) is the individual’s
Retail sale.—Any sale (whether or not the
may be filed voluntarily for any suspicious
social security number (SSN). For certain
sale is for resale or for any other purpose)
transaction (see Definitions), even if the
resident aliens who are not eligible to get
made in the course of a trade or business
total amount does not exceed $10,000.
an SSN and nonresident aliens who are
if that trade or business principally consists
required to file tax returns, it is an IRS
Exceptions.—Cash is not required to be
of making sales to ultimate consumers.
Individual Taxpayer Identification Number
reported if it is received:
Consumer durable.—An item of tangible
(ITIN). For other persons, including
By a financial institution required to file
personal property of a type that, under
corporations, partnerships, and estates, it
Form 4789, Currency Transaction Report.
ordinary usage, can reasonably be
is the employer identification number.
By a casino required to file (or exempt
expected to remain useful for at least 1
If you have requested but are not able to
from filing) Form 8362, Currency
year, and that has a sales price of more
get a TIN for one or more of the parties to
Transaction Report by Casinos, if the cash
than $10,000.
a transaction within 15 days following the
is received as part of its gaming business.
Collectible.—Any work of art, rug,
transaction, file the report and attach a
By an agent who receives the cash from
antique, metal, gem, stamp, coin, etc.
statement explaining why the TIN is not
a principal, if the agent uses all of the cash
Travel or entertainment activity.—An item
included.
within 15 days in a second transaction that
of travel or entertainment that pertains to a
Exception: You are not required to provide
is reportable on Form 8300 or on Form
single trip or event if the combined sales
the TIN of a person who is a nonresident
4789, and discloses all the information
price of the item and all other items
alien individual or a foreign organization if
necessary to complete Part II of Form
relating to the same trip or event that are
that person does not have income
8300 or Form 4789 to the recipient of the
sold in the same transaction (or related
effectively connected with the conduct of a
cash in the second transaction.
transactions) exceeds $10,000.
U.S. trade or business and does not have
In a transaction occurring entirely
Exceptions.—A cashier’s check, money
an office or place of business, or fiscal or
outside the United States. See Pub. 1544,
order, bank draft, or traveler’s check is not
paying agent, in the United States. See
Reporting Cash Payments Over $10,000
considered received in a designated
Pub. 1544 for more information.
(Received in a Trade or Business),
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