Compliance Update - July 8, 2022
Elder Financial Exploitation - FinCEN Advisory
Trade Groups: Don’t Raise Small Business Taxes
A coalition of trade groups sent a letter to Congressional leadership urging them not to raise taxes on small, individually- and family-owned businesses, including Subchapter S corporations. The letter comes in response to two tax increase proposals. The first would require individuals and families who are active participants in their business to pay the 3.8% net investment tax. The second would limit business economic downturn loss deductions by extending the “excess business loss limitation” for “noncorporate taxpayers.”
Read the Letter
CFPB Agrees to Data Collection Rule Deadline
On Monday, a federal judge signed a court order in which the Consumer Financial Protection Bureau (CFPB) agreed to issue its small-business data collection rule by March 31, 2023. The NBA previously provided comments on the Bureau’s proposal which would implement Dodd-Frank Act Section 1071. The section requires lenders to collect and report data on small business credit applications. The NBA encouraged the Bureau to only require collection and reporting of the 13-data points mandated by Congress and to refrain from imposing the proposed additional eight-data points.
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Survey: Community Bankers Expect Recession
According to a new survey from IntraFi Network, over 95% of community bankers anticipate a recession later this year or in early 2023. Over half indicated overcorrection by the Federal Reserve will be the driving force for the coming recession.
The survey also highlighted struggles with staffing; 60% of respondents indicated having difficulty finding qualified employees for open positions.
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Interagency Statement on Customer Due Diligence
The federal banking agencies and the Financial Crimes Enforcement Network (FinCEN) issued a statement reminding banks of the risk-based approach to assessing customer relationships and conducting customer due diligence.
Read the Statement
Treasury Seeks Feedback on Digital Asset Development
The Treasury Department is requesting comments on the opportunities and risks of digital assets. “For consumers, digital assets may present potential benefits, such as faster payments, as well as potential risks, including risks related to frauds and scams,” Undersecretary of the Treasury for Domestic Finance Nellie Liang said.
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