Tag: unclaimed property

Unclaimed Property Filing Deadlines 2020: Weekend Edition

2020 sure has been something, and the fun isn’t over yet: the big fall deadline for unclaimed property reports is fast approaching, but this year October 31 and November 1 fall on a Saturday and a Sunday respectively. Will this cause any changes to your unclaimed property reporting process?

If all has gone according to plan, no. In general, as long as you have given sufficient time for owners to respond to your due diligence mailing, you can file your unclaimed property report any time between now and the end of October. For those that like to take it closer to the wire, most jurisdictions will allow reports to be submitted on November 2, without penalties or interest.

However, there are states that are not so lenient, and require the report to be in their office on October 30th, the Friday before the weekend: Arkansas, Idaho, and Washington.

Nevada, which is an online-only state, requires the report to be submitted no later than Saturday, October 31.

Iowa, Indiana and Wyoming require that the report be postmarked by Sunday, November 1, while North Carolina requires the report to be in their office by November 1.

Finally, here are the states that I have personally confirmed will accept reports on November 2: AK, AL, AZ, CA, DC, GA, IL, KS, KY, MA, MD, ME, MO, MS, MT, ND, NE, NH, NJ, OH, OK, OR, SD, TN, TX, UT, WI, WV.

IRS Revenue Ruling 2018-17

Starting this year, the IRS requires holders to deduct the 10% federal tax from traditional IRAs prior to unclaimed property reporting. NAUPA recommends using the TW “Income Tax Withheld” standard deduction code in this case. The value of the property before the deduction should be put in the PROP-AMOUNT-REPORTED field, and the amount after the 10% deduction goes in PROP-AMOUNT-REMITTED.

The majority of states I have contacted have confirmed that they are following the NAUPA guidance, but I have run into a few exceptions, notably Colorado, which currently does not support the use of TW. Colorado asks that holders report and remit the post-deduction amount, without mentioning the federal tax withholding at all. We also have discovered that Mississippi’s system does not recognize TW, and instead requests that the SW deduction code be used instead.

Our software will be updated to create the NAUPA file according to the individual state requirements as more information comes in.

See the entire NAUPA guidance

Dormancy Periods

Being familiar with the applicable dormancy periods is crucial for a successful unclaimed property program. A dormancy period is the length of time that you must hold a property before escheating it to the state, and it typically begins on the date that the funds were first payable. Of course every state has a different set of dormancy periods, and of course they are all subject to change.

The standard dormancy period is three years for most states, but over a third use a five-year standard. Certain property types often have longer or shorter dormancy periods. For example, government-related funds and utility deposits often have shorter periods, typically a year. The majority of states also use a one-year dormancy for payroll and commissions. Money orders and travelers checks almost always have longer dormancy periods.

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