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Joint account withdrawals and CTR filing

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Question: 
I have a CTR question. Husband writes a check to Wife for $10,000.00 and she cashes it. Husband then uses the ATM to withdraw $600.00 from his debit card. There is no way to know if both of them are benefiting from each transaction. Would a CTR be filed?
Answer: 

Review question 24 in the FinCEN CTR FAQ. For cash-out transactions, unless the bank KNOWS the transaction(s) are completed on behalf of both co-owners of a joint account, the bank can assume they are not completed on the other co-owner's behalf. For the sake of making your scenario track with the FAQ, your Wife will be Jane Smith, and Husband will be John Smith.

In this case, Jane withdraws $10,000 on her own behalf and John withdraws $600 on his own behalf. Neither of them conducts transactions for more than $10,000 in cash, and neither of them has more then $10,000 in cash transactions conducted on his/her behalf. That means you aren't required to file a CTR at all.

Then FinCEN seems to hedge on its answer when it says, for reportable transactions involving a joint account, "If the financial institution does not have knowledge that the withdrawal was conducted on behalf of Jane Smith, then it would neither be required to nor prohibited from listing Jane Smith in a second Part I." If you want to follow that bit of hedging (which I do not recommend), you could say that the two withdrawals were on behalf of both spouses, and you would go from having no CTR at all to creating a CTR with two Part I sections (one as conductor and one as person on whose behalf ...) for both John and Jane.

First published on 07/07/2024

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