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    Escheat Laws

    What is your experience with uncashed checks?

    I don't know whether the law is the same in every state, but in Tennessee there are escheat laws that force the maker to turn a record of uncashed checks over to the state. I believe the state then posts the information on their "Unclaimed Property" websites.

    There are two tax implications with this:
    1. What happens if the maker is our client and he (she) is not willing to do this? If the bank balance increases as a result, is this reportable and taxable as "other income?"
    2. if the maker complies with the law, the bank balance on the balance sheet does increase, but is there an offsetting expense, and is the expense deductible?
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