Keane's Unclaimed Property Blog

Eton Corporation and Fruit of the Loom Follow Suit, Filing Back-to-Back Lawsuits Against Delaware

Eton Corporation and Fruit of the Loom Follow Suit, Filing Back-to-Back Lawsuits Against Delaware

Compliance, Litigation

Eton Corporation and Fruit of the Loom (along with related entities) are the latest companies to have filed suit against Delaware in federal court[1], alleging that the state violated their constitution rights in connection with the state’s estimation methodology used in unclaimed property audits by its contingency fee auditors.  These back-to-back lawsuits filed on December […]

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SECURE Act Impact on Unclaimed Property

SECURE Act Impact on Unclaimed Property

Compliance

On December 20, 2019, President Trump signed into law the SECURE Act (“Setting Every Community Up for Retirement Enhancement Act”) as part of the government’s spending bill. Two important provisions in the SECURE Act will affect the unclaimed property reporting of retirement accounts, and will be effective on January 1, 2020: The age for required […]

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Delaware Faces New Lawsuit Related to Unclaimed Property Audits

Delaware Faces New Lawsuit Related to Unclaimed Property Audits

Escheat Audits, Litigation, Unclaimed Property Audit

On December 9, 2019, AT&T filed a lawsuit against the state in Delaware federal court, AT&T v. Geisenberger[1], alleging that certain document requests issued by Kelmar, acting as the state’s third party contingent fee auditor, made in connection with an unclaimed property audit that began in 2012, violate the company’s Fourth, Fifth and Fourteenth Amendment […]

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NAUPA Provides Guidance on IRS Revenue Ruling 2018-17

NAUPA Provides Guidance on IRS Revenue Ruling 2018-17

Compliance, Escheat Law, Unclaimed Property Law

Since its release in May 2018, IRS Revenue Ruling 2018-17[1] has raised significant legal and operational concerns for holders. Under the Ruling, the escheatment of an IRA to the state constitutes a designated distribution, subject to a 10% federal tax withholding. The trustee or custodian of the IRA must also report the designated distribution on a […]

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An International Perspective on Using Dormant Assets to Fund Social Programs

An International Perspective on Using Dormant Assets to Fund Social Programs

Abandoned Property, Dormancy Periods, Unclaimed Property

Authored by: Alena Levitz, B.A., LL.B, LL.M, Executive Director British Columbia Unclaimed Property Society Japan launched its first unclaimed property program this year following the passage of the Dormant Deposit Utilization Act in December 2016. The program utilizes funds from dormant bank accounts that have been inactive for ten years or more to finance social […]

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