A New Form 8300 Filing Requirement for Certain Businesses 2023

A New Form 8300 Filing Requirement for Certain Businesses 2023

New Form 8300 Filing Requirements for Cash Transactions 

Certain businesses that conduct cash transactions over $10,000 are required to report the transactions on Form 8300. In addition, effective January 1st, 2024, the Internal Revenue Service will now require businesses to file this form electronically by e-filing it in situations in which they are also required to e-file other tax forms such as 1099 and W-2. In general, the Internal Revenue Service has been trying to move towards requiring the electronic filing of forms as opposed to paper filing in order to increase efficiency.

As provided in FS-2023-19:

Who must file

      • Federal law requires a person to report cash transactions of more than $10,000 by filing Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business.

      • Although many cash transactions are legitimate, the information on the form can help law enforcement combat money laundering, tax evasion, drug dealing, terrorist financing and other criminal activities.

      • By law, a “person” is an individual, company, corporation, partnership, association, trust or estate. For example, dealers in jewelry, furniture, boats, aircraft or automobiles; pawnbrokers; attorneys; real estate brokers; insurance companies and travel agencies are among those who typically need to file Form 8300.

      • Tax-exempt organizations are also “persons” and may need to report certain transactions. A tax-exempt organization doesn’t have to file Form 8300 for a charitable cash contribution.

      • However, under a separate requirement, a donor often must obtain a written acknowledgement of the contribution from the organization. The organization must report noncharitable cash payments on Form 8300. For example, an exempt organization that receives more than $10,000 in cash for renting part of its building must report the transaction. See Publication 526, Charitable Contributions for details.

What’s new

      • Effective Jan. 1, 2024, businesses must electronically file (e-file) Forms 8300 if they are required to e-file certain other information returns electronically, such as Forms 1099 series and Forms W-2.

      • They must e-file Forms 8300 in a given calendar year if they are required to file at least 10 information returns of one or more types, other than Form 8300, beginning with the calendar year 2024. The number of Forms 8300 filed does not affect the information return threshold requirement.

      • For example, if a business files five Forms W-2 and five Forms 1099-INT in 2024, then they must e-file all information returns during the year, including any Forms 8300.

      • But, if they file a total of less than 10 of one or more types of information returns other than Forms 8300, they do not have to e-file the information returns and are not required to e-file any Forms 8300. Although not required to e-file, a business may still choose to do so.

When to file

      • A person must file Form 8300 within 15 days after the date the person received the cash.

      • If the person receives multiple payments toward a single transaction or two or more related transactions, and the total amount paid exceeds $10,000, the person should file Form 8300. Each time payments add up to more than $10,000, the person must file another Form 8300.

Examples of reporting situations

The following are examples of situations that demonstrate how certain large cash transactions require the filing of Form 8300.

Recordkeeping

      • A business must keep a copy of every Form 8300 it files, along with any supporting documentation and the required statement it sends to customers, for five years from the date filed.

      • Business should keep in mind that filing electronically will provide a confirmation email that the form was filed, but e-file confirmation emails do not meet the record keeping requirement. When e-filing, filers must save or print a copy or the form prior to finalizing the form submission. Businesses should associate the confirmation number with the saved copy.

More information:

Golding & Golding: About Our International Tax Law Firm

Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure.

Contact our firm for assistance with getting compliant.

Schedule a Confidential Reduced-Fee Initial Consultation with a Board-Certified Tax Attorney Specialist

Address

930 Roosevelt Avenue, Suite 321, Irvine, CA 92620