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The Bank Secrecy Act creating filing obligations for (1) foreign bank accounts over $10,000 on an FBAR form or face absolutely insane penalties and perhaps criminal exposure (2) when you come into the US with $10,000 or more in cash you must declare it or face absolutely insane penalties or perhaps criminal exposure and lastly what we are discussing in this video (3) created the requirement that when you deposit $10,000 or more in cash, a bank has to file a Form 8300 with the IRS. Or, if someone suspects you are trying to get around Form 8300, they can file one on you any way.
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Do you see how this could be a little insane? Form 8300 is required to be filed any time there is a cash deposit over $10,000. But also could potentially be filed when the deposit is under $10,000 when someone’s feelings tell them to do so.
This means a Form 8300 could be imposed on ANY cash deposit depending on the subjective determination of a bank employee.
Do you see how these wildly expansive reporting requirements aside from being mind-blowingly unconstitutional completely undermine any claims that Form 8300 is a legitimate crime fighting tool? Oh yeah, and Form 8300 is required to be filed by many other business besides banks who deal in cash. That’s a lot of forms.
Let me explain the ridiculousness this way. When you dump useless data into useful data, you just made your useful data - that you worked so hard to get - useless. And it will stay useless until there is a way to segregate the useful from the useless.
Which brings us back for Form 8300. Form 8300 is required to be filed so often it doesn’t mean anything. Even the US treasury admits to such. The best they can claim is that Form 8300 is used to discover patterns. But this has always seemed to be more a theoretical justification rather than something that has actually been used to find actual criminal conduct.
And even think of this $10,000 threshold. It hasn’t change since 1970. Yet we know that $10,000 in 1970 is equivalent to around $65,000 today. But Treasury still refuses to admit that inflation exists - and are still fixated on that $10,000 number. So this about it this way. $10,000 today is would be about $1500 in 1970. Do you think congress intended the Bank Secrecy Act to apply to transactions of $1500 in 1970? Now I wasn’t alive yet - so I have to rely on the archived Congressional record. And you know — I don’t see it there.
So here’s the bottom line. You are much better off making one huge deposit where you know a Form 8300 will be filed - because Form 8300 will likely never see human eyes, as opposed to trying to avoid the Form 8300 filing requirement by structuring cash deposits in smaller increments, which could trigger a Form 8300 being filed anyway.
