With all state jurisdictions having unclaimed property reporting laws & requirements and them being aggressively enforced through fines and interest penalties, you hear the question a lot, “What is unclaimed property?” Is it abandoned cars/vehicles? Abandoned land or livestock? What is it? Well, it can be, but in this case it is unclaimed intangible property (with the exception of Safe Deposit Box contents). Considering the unclaimed property world, most unclaimed property involves the following types of intangible properties (but these are just examples and not all inclusive):
– EXAMPLES of UNCLAIMED PROPERTY –
– Unclaimed Vendor/AP checks
– Unclaimed payroll checks or direct deposits gone wrong
– Customer overpayments
– Unapplied cash accounts
– Aged Accounts Receivable credit balances
– Most Refunds due
– Unredeemed gift card/certificate balances
– Unclaimed bank accounts (checking, savings, retirement, CD’s)
– Life insurance proceeds due
– Uncashed benefit checks
– Utility deposits
– Lost shareholders or uncashed dividend checks
– Safe deposit box contents
Again, the above list are just examples of unclaimed intangible property and not meant to be all inclusive. Most companies/Holders are going to want to a look at their Accounts Payable, Payroll and Accounts Receivable areas, depending on the type of holder they are (corporation, bank or financial institution, life or non-life insurance company, etc.)
To talk further about all the unclaimed property reporting requirements and what your obligations are, and how to navigate through them, please contact the professionals at PEACC for a no obligation consultation at 410.303.5510.
Unclaimed Property Compliance
Slash Your Unclaimed Property Compliance Costs!
Slash Your Unclaimed Property Compliance Costs! PEACC offers a cost-effective solution for your unclaimed property needs.
Unveiling the Benefits of a Voluntary Disclosure Agreement (VDA)
Main Benefits of a Self Unclaimed Property Audit or a Voluntary Disclosure Agreement (“VDA”)
What Constitutes Intangible Unclaimed Property Reportable Under the Law?
Have you ever forgotten about an old gift card or a check tucked away in a drawer? Businesses deal with similar situations all the time. Unclaimed property refers to intangible assets – things like checks, credits, or refunds – that haven’t seen activity from the rightful owner for a set period called the “dormancy period.” After this time, the property becomes dormant or unclaimed.
Examples of intangible unclaimed property include:
-Uncashed payroll or commission checks
-Uncashed accounts payable/vendor checks
-Accounts receivable credit balances
-Gift certificates/gift cards
-Customer merchandise credits, layaways, deposits, refunds or rebates
-Overpayments/unidentified remittances
-Suspense accounts -Unused/outstanding benefits (non-ERISA)
-Goods received but not invoiced
-Miscellaneous income/bad debt expense accounts
Dormancy periods typically range from 3 to 5 years, but this can vary depending on the type of property. For instance, some states might have shorter periods for perishable items like gift certificates.
There are some general ranges to keep in mind:
- Typical dormancy periods: Commonly range from 3 to 5 years for things like bank accounts, checks, and credit balances.
- Some exceptions: Certain property types might have longer or shorter dormancy periods.
Here are some resources that can help you find specific dormancy periods:
- National Association of Unclaimed Property Administrators (NAUPA): This site has links to each state’s unclaimed property website.
- Unclaimed.org: Unclaimed Property Law This website allows you to search for unclaimed property by state.
Also visit our About Us page for more information or call 410-303-5510.
By understanding and complying with unclaimed property laws, you can avoid potential headaches. Not only does it prevent legal issues, but it also helps reunite rightful owners with their forgotten assets.
Once you understand the property types, the dormancy periods, and the different laws of each state, leave the compliance and reporting work to us. You owe it to yourself and your company to contact PEACC to help alleviate all your unclaimed property compliance reporting headaches.
UNCLAIMED PROPERTY REPORTING OBLIGATIONS
Holders are also obligated to perform the required due diligence/search letter mailings as required in almost all states.
Unclaimed Property Compliance Training
Get comprehensive training, follow-up support, and a free consultation – all at one affordable price!
AN UNCLAIMED PROPERTY COMPLIANCE REVIEW : COMMON AREAS A STATE WILL INVESTIGATE WHEN PREFORMING
An unclaimed property compliance reviews will assist you when a state comes to audit your firm. Be prepared!
THE BENEFITS OF HAVING AN EFFECTIVE UNCLAIMED PROPERTY COMPLIANCE DEPARTMENT WITHIN YOUR FIRM
Establishing an effective unclaimed property compliance reporting division within your firm is really a no-brainer.
Where Do I Report My Unclaimed Property?
1) Unclaimed intangible property is required to be reported to the State of the property Owner’s last known address as reflected on the Holder’s books and records;
2) Unclaimed intangible property is required to be reported to the Holder’s State of Incorporation if the Owner’s address is unknown, in a foreign Country, or in a State that exempts the property type.
California Decides Against Amnesty
The California State Controller’s Office (“SCO”) has been researching options for increasing Holder compliance to their unclaimed property reporting requirements for about a year. One of the options was to offer Holders an Amnesty Period that would waive any interest or penalties on any property reported past due. Numerous years ago the State offered the same type of Amnesty Period and it produced a major windfall of property revenue for the State.