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Unclaimed Property Reporting 2019 County and District Clerks Tuesday, January 29, 2019 Association of Texas 45 p.m. Winter Education Conference January 28-31, 2019 Embassy Suites by Ms. Ashley Bullock Holder Reporting and Education,


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2019 County and District Clerks’ Association of Texas Winter Education Conference

January 28-31, 2019 Embassy Suites by Hilton Hotel Conference Center & Spa, San Marcos

Piece of the Puzzle, Part of the Whole

Unclaimed Property Reporting

Tuesday, January 29, 2019 4–5 p.m.

  • Ms. Ashley Bullock

Holder Reporting and Education, Unclaimed Property Texas Comptroller of Public Accounts

The presentation will include information about reporting unclaimed property to the Texas Comptroller of Public Accounts as it relates to county and district clerks.

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SLIDE 2

Ashley Bullock is a program specialist in the Holder Reporting and Education section of the Unclaimed Property Division with the Texas Comptroller of Public Accounts. She works closely with businesses to educate and train them on the reporting process. Bullock applies this expertise, along with her background in claims research, marketing and customer relations, to help Texas businesses comply with the unclaimed property requirements.

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Reporting Instructions Unclaimed Property

2019

GLENN HEGAR Texas Comptroller of Public Accounts

  • Abandonment is determined by:
  • property type
  • date of last contact with business (holder)
  • State law requires holders to report unclaimed property to the Texas

Comptroller of Public Accounts

What is Unclaimed Property?

2

Unclaimed property is any financial asset or tangible property* that has been abandoned by the owner

*tangible property as held in a safe deposit box

Unclaimed Property in Texas

Fiscal 2019 Goals

  • Increase number of Holders reporting
  • Continue to increase the amount of property returned to owners

3

rece receiv ived fr from

  • m hold

holders fo for repo report rt ye year 2018 2018 ret return rned to to owne

  • wners

in in fis fiscal ye year 2018 2018

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SLIDE 4

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  • Suspense Accounts
  • Liability Accounts payable

Where to find Unclaimed Property

4

Property Types

5

Courts/Legal Property Type: CT Code Property Year CT01 Escrow funds 3 CT02 Condemnation awards 3 CT03 Missing heirs’ funds 3 CT04 Suspense accounts 3 CT05 Any other types of deposits made with a court or public authority 3 CT99 Aggregate court deposits less than $25 General Business, Miscellaneous Checks and Intangible Personal Property Property Type: MS Code Property Year MS01 Wages, payroll or salary 1 MS04 Payment for goods and services 3 MS08 Accounts payable 3 MS09 Accounts receivable credit balances 3 Trust, Investments and Escrow Accounts Property Type: TR Code Property Year TR03 Funds held in a fiduciary capacity 3

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ABANDONED OR UNCLAIMED PROPERTY HELD BY LOCAL GOVERNMENTS

Property Code Type of Fund Description Holder Disposition of Unclaimed Funds CT02 Funds in an Eminent Domain proceeding Proceeds from condemnation proceedings County or District Clerk Sent to local treasurer /or Comptroller after 3 year dormancy. CT03 Escheat Funds Property due to unidentified heirs when a person dies without a will. County Clerk No waiting period. As soon as the court renders its judgment the state may begin proceedings to acquire the property CT04 Interpleaded (civil) cases Until a case is resolved., the court may require rent or other payments to be made to the registry. County or District Clerk. County courts at law have civil jurisdiction up to $100,000 Sent to local treasurer /or Comptroller after 3 year dormancy. CT05 Stale checks Uncashed checks written by any local

  • fficial except the county treasurer

Any official with a checking account Sent to local treasurer /or Comptroller after 3 year dormancy. CT05 Cash bail bonds Unclaimed cash bail bonds are registry funds but CCP Art. 17.02 requires court

  • rder to release.

County or District Clerk Requires reporting but not release to state or local treasurer, without court

  • rder.

CT05 Crime Victims Restitution Payment by an offender to the victim for the harm caused by the offender's wrongful acts County or Probation departments Sent to Comptroller after 5 year dormancy. TR03 Trust funds Funds of minors, or persons determined to be incompetent. County or District Clerk Sent to local treasurer /or Comptroller after 3 year dormancy.

Property Held by Local Governments

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7

Non‐Reportable

Type of Fund Description Holder Disposition of Unclaimed Funds County Treasurer's Checks Uncashed checks issued by County Treasurer become non‐negotiable after 1 year. County Treasurer These funds are never reported to the Comptroller. Juror Checks Uncashed juror checks become non‐ negotiable after 90 days . Clerk of the Court Checks expire after 90 days and becomes county revenue. Never becomes unclaimed property. Property Tax Refunds Erroneous and overpayments Tax Assessor‐Collector Checks expire after 90 days and becomes county revenue. Excess of tax liability from forced sales Unclaimed excess of tax liability due to original property owner County or District Clerk After 2 years; distributed to each taxing unit in proportion to

  • riginal claim

Property Held by Local Governments Crime Victims Restitution

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Re Report annually annually

  • A negative report is required
  • Only crime victims restitution properties should be included in the report

Re Reports sho should ld includ include:

  • The cause number of the case in which the judge ordered the restitution payment
  • The amount of restitution ordered and the balance owed to the owner

Fiv Five ye year dorm dorman ancy cy period period

  • Fifth anniversary of the date the department received the initial restitution payment
  • Five years after the date the department last made a payment to the owner

Crime Victims Restitution

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Holder name

  • County name should include CSCD (Travis County CSCD)
  • Holder ID will be provided

Submitting report:

  • Select Restitution‐CVC as property type

2019

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4

Five Basic Steps of Reporting

10 If owner is not found after due diligence, property must be included in the July 1 report to the state. File your electronic report through our secure website and submit payment by July 1. Unable to locate the

  • wner. You are

holding funds that are owed to an employee, client, vendor or customer. You are required to keep information relating to reported unclaimed property for 10 years. By May 1, due diligence notices are mailed, alerting

  • wner that their

unclaimed property will be reported.

Deadlines

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March 1 current year July 1 March 2 previous year May 1

March 1 Annual report cutoff date March 2 – March 1 May 1 Due diligence notice deadline July 1 Report due

2 1

Step 1: Determining Dormancy

  • No contact (via phone, email, face‐to‐face)
  • Property type
  • Crime Victims Restitution is 5 years

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Dormancy is determined by:

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SLIDE 7

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Step 2: Notifying Property Owners

Section 74.1011 of Texas Property Code requires holders to:

  • Mail a notice to owners for property valued at more than $250 by May 1*
  • Include the following language in the notice:
  • You (the holder) are holding the property
  • You (the holder) may be required to deliver the property to the Comptroller’s office
  • n or before July 1 if the property is not claimed

*A notice must be mailed to all owners for crime victim restitution properties, regardless of amount

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Step 3: Preparing Your Report

  • Must use reporting software that generates a file in the NAUPA2 format
  • Manual Online Reporting (MOR) is available on ClaimItTexas.org
  • National Association of Unclaimed Property Administrators

unclaimed.org/reporting

  • Information must comply with data entry standards
  • Property type codes:
  • Specific for each institution
  • Based on reason funds are issued

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Include all available information:

Step 3: Preparing Your Report

Crime Victims Restitution must also include:

  • Property type
  • Driver’s license number
  • Account number
  • Social security number
  • Last known address
  • Property description
  • Full name
  • Last contact dates
  • Relationship codes

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  • Cause number of the case
  • Amount of restitution ordered and balance owed
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Examples on how to report records for unclaimed property

4 BUSINESS OWNER: The name of the corporation, partnership, association or trade name should be listed exactly as it was on the account that is being

  • reported. The Relationship Code for a single owner account is “SO” ‐ Sole Owner.

5 PARTIAL ADDRESS: Stephen F Austin has a payroll check for $233.18 issued 3/2/2018. Partial address is known. The Relationship Code for a single owner account is “SO” ‐ Sole Owner 6 CRIME VICTIMS RESTITUTION: Stevie Ray Vaughan is owed $15,985.00. Last payment date was 12/1/2013. Cause number 02000034CFMA. $20,000.00

  • rdered. $15,985.00 balance. Crime victim reports are only for crime victim restitution properties; do not include other properties held by the county.

Example Property Code Amount Last Name/Business Name First Name Initial Street Address City State Zip Code TAX ID Last Contact date Account # Check # Description Relationship Code Owner Type Code 4 MS08 $759.38 Austin Awesome Affiliate 123 Awesome St Ste 100 Austin TX 78711 12‐3456789 6/27/2015 78999 SO OT 5 MS01 $233.18 Austin Stephen F 1945 Austin TX 78711 76‐5432198 3/2/2018 98765 SO OT 6 CT05 $15,985.00 Vaughan Stevie R 5678 Auditorium Shores Austin TX 78704 98‐7654321 12/1/2013 Cause number 02000034CFMA. $20,000.00 ordered $15,985.00 balance SO OT

Step 3: Preparing Your Report

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Examples on how to report records for unclaimed property

1 AGGREGATE RECORD: 23 checks less than $25.00 totaling $115.00, dates range from 4/17/2015 ‐ 8/27/2015 are reported in the aggregate in this example. Property Type will always end in “99” (e.g., AC99 or IN99). 2 UNKNOWN OWNER: Money order #34567 for $1,250.00 issued 9/25/2015, the owner’s name and address are unknown. List check #, amount and date of last transaction. 3 UNKNOWN ADDRESS: Stephen F Austin is the only known owner of a customer overpayment for $485.23 on Account #987‐00 . His address is unknown. Last contacted 10/12/15 The Relationship Code for a single owner account is “SO” ‐ Sole Owner

Example Property Code Amount Last Name/Business Name First Name Initial Street Address City State Zip Code TAX ID Last Contact date Account # Check # Description Relationship Code Owner Type Code 1 CK99 $ 115.00 Aggregate 4/17/2015 23 in CK99 UN

AG

2 CK07 $ 1,250.00 Unknown 9/25/2015 34567 UN

UN

3 MS05 $ 485.23 Austin Stephen F 10/12/2015 987‐00 Overpayment on store account SO

OT

Step 3: Preparing Your Report Step 4: Submitting Report and Payment

Report must be submitted electronically

  • ClaimItTexas.org > Reporting Property > Submit

Submit a Re Report

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  • Holder Contact information fields

are required

  • Negative Report – no properties to

report

  • Select the option appropriate for

your report type

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Step 4: Submitting Report and Payment

You will receive two notifications after submitting your report

  • Holder Summary – immediately after submission
  • Confirmation/report ID number email – approximately one hour after submission
  • Contains payment instructions

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Step 4: Submitting Report and Payment

Rejected reports must be resubmitted within 30 days Forms of payment accepted:

  • TEXNET (ACH debit or credit)
  • Paper check

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Payment requirements:

  • Payment should match the report totals
  • One payment per report
  • Do not send payments for individual properties

Step 4: Submitting Report and Payment

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Paying with TEXNET

  • If needed, create an unclaimed property account
  • When a due date falls on a weekend or holiday, it is important to originate the ACH

transaction no later than the business day before the weekend or holiday

  • TEXNET Hotline at 800‐531‐5441, ext. 3‐3010

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Step 4: Submitting Report and Payment

Paying with Check

  • Include payment form with your check

A Report Will Auto‐Fail If:

  • It is not in NAUPA2 format
  • The last contact date is not provided
  • The relationship code is not provided
  • The report or submission is incomplete

If you fail to submit a corrected report within 30 days, you may be subject to penalty and interest.

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Step 4: Submitting Report and Payment Step 5: Archiving Data

  • Section 74.013 of Texas Property Code requires holders to retain

records for 10 years after property is reported

  • You may be contacted by Comptroller staff for additional

information (Evidence Request)

  • You may be audited for compliance with this requirement

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Requirements for Archiving Information

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Compan Company A

Wages Payable $500.00 Last contact: 2/20/2018

Compan Company B

AP Check $200.00 Last contact: 1/10/2016

Compan Company C

Miscellaneous Check

$110.00 Last contact: 3/05/2017

Assume all owners have a last known address in Texas

Reporting Examples

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Company A

Co Company A Wages Payable MS01 $500.00 Last contact: 2/20/2018

Step 1: Determining Dormancy

  • Dormancy period of 1 yea

year, starting on 2/20/2018 and ending 2/20/2019

  • Dormancy end date is prior to the March 1, 2019

annual report cut‐off date

  • Check should be included in 2019 report

Mar 2, 2018 Mar 1, 2019 Feb 20, 2019

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Step 2: Notifying Property Owners

  • Owners must be notified for any properties valued

at more than $250

  • Mail by May 1

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Company A

Co Company A Wages Payable MS01 $500.00 Last contact: 2/20/2018

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Step 3: Preparing Your Report

Gather the required data from files:

  • Complete owner name
  • Last known address
  • Date of last contact
  • SSN
  • Driver’s license number
  • Any additional information to help us identify the

property owner

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Co Company A Wages Payable MS01 $500.00 Last contact: 2/20/2018

Company A

Step 4: Submit Report and Payment

  • Reports must be submitted electronically through
  • ur secure file transfer portal at ClaimItTexas.org
  • Payments can be made by check or TEXNET
  • Due by July 1

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Company A

Co Company A Wages Payable MS01 $500.00 Last contact: 2/20/2018

Step 5: Archive Data

  • Unclaimed property records must be retained for

10 years

  • Keep the report and actual account data

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Company A

Co Company A Wages Payable MS01 $500.00 Last contact: 2/20/2018

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Step 1: Determining Dormancy

  • Dormancy period of 3 yea

years, starting on 1/10/2016 and ending 1/10/2019

  • Dormancy end date is prior to the March 1, 2019 annual

report cut‐off date

  • Check should be included in 2019 report

Company B

Co Company B AP Check MS08 $200.00 Last contact: 1/10/2016

Mar 2, 2018 Mar 1, 2019 Jan 10, 2019

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Step 2: Notifying Property Owners

  • Owner notification is NO

NOT required for $200 $200 accounts payable (A/P) check

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Co Company B AP Check MS08 $200.00 Last contact: 1/10/2016

Company B

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Step 3: Preparing Your Report

Gather the required data from files:

  • Complete owner name
  • Last known address
  • Date of last contact
  • SSN
  • Driver’s license number
  • Any additional information to help us identify the

property owner

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Co Company B AP Check MS08 $200.00 Last contact: 1/10/2016

Company B

Step 4: Submit Report and Payment

  • Reports mus

must be submitted electronically through our secure file transfer portal at ClaimItTexas.org

  • Payments can be made by check or TEXNET
  • Due by July 1

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Company B

Co Company B AP Check MS08 $200.00 Last contact: 1/10/2016

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Company B

Co Company B AP Check MS08 $200.00 Last contact: 1/10/2016

Step 5: Archive Data

  • Unclaimed property records must be retained for

10 years

  • Keep the report and actual account data

Company C

Co Company C Miscellaneous check MS16 $110.00 Last contact: 3/05/2018

Step 1: Determining Dormancy

  • Dormancy period of 3 yea

years, starting on 3/05/2018 and ending 3/05/2020

  • Dormancy end date is not prior to the March 1, 2019

annual report cutoff date

  • Check should not be included in 2019 report

Mar 5, 2021 Mar 2, 2018 Mar 1, 2019

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Miscellaneous

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Common Reporting Errors Evidence Requests Holder Refunds & Reimbursements ClaimItTexas.org

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Common Reporting Problems

Inco complete ete Da Data “Me “Messy” Da Data

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Evidence Requests

  • The Comptroller’s office is required to confirm beneficiaries,

additional owners and other information to verify ownership

  • We may send an Evidence Request asking for more information

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The more complete the data, the less likely an Evidence Request will be sent to you

Holder Refund & Reimbursements

Holder Reimbursement – (Form 53‐116)

  • Used for returning unclaimed property directly to the
  • wner
  • Request must include documentation proving property

was returned to customer

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Holder Refund – (Form 53‐116)

  • Used when a property was reported in error
  • Attach an explanation for the refund request
  • Contact has been established with property owner
  • Reported incorrectly, too early, or to incorrect state
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ClaimItTexas.org

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Questions

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Holder Education & Reporting Section 1-800-321-2274, option 2 512-936-6246, option 2 up.holder@cpa.texas.gov

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