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What Rules Apply If My Business Handles Money, Lending, or Insurance?

Normal sales paid by card, check, or bank transfer don’t bring special financial rules. Extra rules start when you take large amounts of cash, move or exchange money for other people, cash checks, lend money or offer credit, give investment advice, or sell insurance. For example, the IRS says any business that receives more than $10,000 in cash in one transaction or related transactions must file Form 8300 within 15 days.

Large cash payments. The IRS says any trade or business that receives more than $10,000 in cash, in one payment or several related payments, must file Form 8300 within 15 days. You also have to give each person named on the form a written statement by January 31 of the next year. Some businesses must file it electronically. Ask the IRS or your CPA what counts as cash for your situation.

Money services businesses (MSBs). FinCEN says businesses that transmit money for others, exchange currency, cash checks, or sell money orders or prepaid access may be MSBs and must register within 180 days of starting. Money transmitters are covered at any amount. For check cashing and currency exchange, FinCEN says activity counts only above $1,000 per person per day. Registration renews every two years. Many states also license money transmitters separately.

Lending and credit. Offering loans, financing, or credit to customers can bring federal disclosure rules and state lending licenses. Simple invoices with net terms are usually different from consumer financing, but the line depends on details like interest and fees. Many businesses avoid this by using a licensed third-party financing company.

Investments. Giving investment advice or selling investments usually needs registration with the Securities and Exchange Commission (SEC) or your state securities regulator.

Insurance. Selling insurance, including add-on protection plans in some states, usually needs a state insurance license.

Made-up example: Lakeshore Boat Repair sometimes gets paid in cash for big engine jobs. When a customer pays $12,000 in cash, the owner files Form 8300 within 15 days and sends the customer the required statement by the end of January. He doesn’t cash checks or offer financing, so no other financial rules apply.

  • Penalties. Missing Form 8300 or MSB registration can bring civil and criminal penalties.
  • Bank problems. Banks may close accounts for unregistered money activity.
  • Unenforceable loans. Unlicensed lending can make loans hard or impossible to collect in some states.
  • Fraud risk. Money activities attract scammers and money laundering (see 11.9.5 Payment Fraud).

Any business that:

  • Receives more than $10,000 in cash from a customer
  • Sends money for customers, sells money orders or prepaid cards, or cashes checks
  • Offers payment plans with interest or fees, or other credit
  • Gives investment advice or sells investments
  • Sells insurance or service contracts

Most local service businesses that take cards and checks will only need to watch for large cash payments.

  1. List how you take payments and every money service you offer (see 10.7.1 Payment Methods).
  2. Set a cash rule. Decide whether you’ll accept large cash payments. If you will, learn the Form 8300 steps.
  3. Check FinCEN’s MSB rules if you send money, cash checks, or sell money orders or prepaid cards.
  4. Talk to an attorney before offering financing. Or use a licensed financing partner.
  5. Check state licenses for lending, money transmission, insurance, and investments with your state’s financial regulator.
  6. Train staff on your cash and financing rules.
  7. Add any filings and renewals to your requirement matrix (see 9.3 Requirement Matrix).
  • Copies of any Form 8300 filings and customer statements
  • MSB registration and renewals, if they apply
  • State licenses for lending, insurance, or money transmission
  • Your financing partner agreement
  • Your written cash and financing policies
  • Not filing Form 8300 because the cash came in two or three related payments.
  • Offering “easy payment plans” with fees without checking lending rules.
  • Selling protection plans without asking whether an insurance license is needed.
  • Cashing checks for customers as a favor without checking MSB rules.
  • Helping a customer split cash to avoid reporting. That can be a crime.

A CPA can help with Form 8300 and cash handling. An attorney should review any plan to lend, finance, move money, sell insurance, or give investment advice. Questions to ask:

  • Does anything we do make us a money services business?
  • Can we offer payment plans, and what disclosures or licenses would we need?
  • Do we need a license to sell this protection plan?

[Bill: add a short opinion. For example, how you think about offering payment plans as a small business, or why you’d use a third-party financing company instead.]

  • [Date I did this:]
  • [What I actually did, step by step: how SiteSmarty takes payments and whether any financial rule applies]
  • [What it cost and how long it took:]
  • [What surprised me or what I’d do differently:]
  • [Screenshot or photo to add, with private info blurred: the requirement matrix row for financial activity rules]
  • [Result so far:]

Do I have to report cash payments over $10,000? Yes. The IRS says businesses must file Form 8300 within 15 days of receiving more than $10,000 in cash in one transaction or related transactions.

What is a money services business? A business that sends money for others, exchanges currency, cashes checks, or sells money orders or prepaid access, above certain limits. FinCEN requires most of them to register.

Can I offer my customers payment plans? Often, but interest, fees, and consumer credit can bring federal and state rules. Talk to an attorney or use a licensed financing partner.

Do I need a license to sell insurance with my product? Usually, selling insurance requires a state license. Ask your state insurance department about add-on plans.

Do I need to register with FinCEN? Only if your business is an MSB. FinCEN says registration is due within 180 days of starting and renews every two years.

  • Question: Has the business identified any regulated money activity it performs, and does it file, register, and hold licenses for each?
  • Pass looks like: Written cash and financing policy. Form 8300 filed on time when needed. MSB registration and state licenses current if they apply. Financing through a licensed partner or with legal review.
  • Fail looks like: Large cash taken with no filing. Informal lending with fees. Check cashing or money transfers without registration.
  • Evidence to collect: Policies, Form 8300 copies, registrations, licenses, and financing agreements.

Where this fits

Do this first: 9.3 Requirement Matrix, 9.5.1 Federal Permits

Do this next: 9.6.6 Children and Vulnerable Persons

Related pages: 9.5.2 State Licenses, 10.7.1 Payment Methods, 10.7.6 Payment Security, 11.1.6 Payment Terms, 11.9.5 Payment Fraud

Sources

This page explains general rules and Bill's own experience. It is not legal, tax, or insurance advice. Talk to a qualified professional about your situation.

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