Legal Question in International Law in Tennessee
US customs and Border Patrol
If a person sends a check from outside the US, but the check is written from a US bank to be deposited into another US bank does it have to be declared and can it be seized by the US BOrder Patrol?
2 Answers from Attorneys
Re: US customs and Border Patrol
A check doesn't have to be declared in a customs form and there is no reason that Homeland Security would be seizing it even if they were somehow to find it on your person. [Barring, of course, the obvious exceptions for proceeds of criminal enterprises, terrorist organizations, and the like -- but action would be more likely against the banks than attempting to interdict a check carried across the border.]
As to the secondary issue possibly raised by your query, if the payee of the check is a US Taxpayer, then he must report the payment as income unless it is a gift. Since the US taxes gifts to the donor rather than the donee, it is only taxable if the donor is a US taxpayer (irrespective of where the funds are held and paid).
Best wishes,
LDWG
Re: US customs and Border Patrol
If the check is written on a US bank then the money is already in the US.