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What Is Know Your Client (KYC) In a Nutshell?

June 20, 2023

Understanding the significance of KYC procedures in finance, including customer KYC verification, risk assessment, and compliance with AML laws to prevent money laundering, terrorism financing, and other financial crimes.

In 2021, reported fraud losses experienced a significant increase, reaching $5.8 billion, which represented a surge of over 70 percent within a single year [1]. To combat the rise in financial fraud and money laundering, one effective strategy is to reduce the prevalence of anonymous bank accounts and closely monitor suspicious activities. Financial organizations, including banks, credit unions, and Fortune 500 financial firms, need to adopt measures to know their customers and continuously monitor for risk factors. This process is known as KYC or "Know Your Customer" [1].
 
While the specific programs to meet KYC requirements are developed by individual organizations, financial institutions must comply with complex regulations to verify customer identity, known as KYC [1]. It is essential for businesses in various industries to prioritize KYC compliance; non-compliance can result in steep fines, increased fraud risk, and reduced consumer trust [1].
 
KYC, which stands for "Know Your Customer," is a due diligence process employed by financial companies to verify the identity of their customers and assess and monitor their risk [2]. The purpose of KYC is to ensure that customers are who they claim to be [2]. Complying with KYC regulations plays a crucial role in preventing money laundering, terrorism financing, and other types of fraud [2]. By verifying a customer's identity during the account opening process and continuously monitoring transaction patterns, financial institutions can more accurately identify suspicious activities [2]. To meet KYC requirements, clients are typically required to provide proof of their identity and address, such as ID card verification, face verification, biometric verification, and document verification [2]. Examples of KYC documents include a passport, driver's license, or utility bill [2]. KYC is not only essential for determining customer risk but also a legal requirement to comply with Anti-Money Laundering (AML) laws [2].
 
The importance of KYC in banking lies in its role as a legal requirement for financial institutions and financial services companies to establish the identity of their customers and identify risk factors [3]. KYC procedures help prevent various financial crimes, including identity theft, money laundering, financial fraud, terrorism financing, and other illegal activities [3]. Failing to meet KYC requirements can lead to severe consequences, including substantial fines and penalties [3]. The implementation of KYC regulations gained momentum after the 9/11 attacks, leading to stricter requirements under the Patriot Act [3].
 
Under the Patriot Act's Title III, financial institutions are required to fulfill two core components of KYC: the Customer Identification Program (CIP) and Customer Due Diligence (CDD) (CDD may also include Enhanced Due Diligence (EDD) for high risk or suspicious activity clients.)[3]. The current KYC procedures embrace a risk-based approach to counter identity theft, money laundering, and financial fraud [3]. KYC helps establish proof of a customer's legal identity, preventing the creation of fake accounts and identity theft through forged or stolen documents [3]. Additionally, it limits the ability of criminal sectors to use dummy accounts for illegal activities such as narcotics, human trafficking, smuggling, tax fraud and racketeering [3]. KYC also helps prevent fraudulent financial activities, such as sham loans or fraudulent loan applications using fake or stolen IDs to obtain funding through fraudulent accounts [3].
 
AML (Anti-Money Laundering) and KYC (Know Your Customer) are closely related but distinct concepts. AML refers to the framework of legislation and regulations to which financial institutions must adhere in order to prevent money laundering, while KYC is a key component of the overall AML framework, requiring organizations to know their customers and verify their identities [3]. Financial institutions are responsible for developing their own KYC processes and ensuring compliance with specific AML standards dictated by any applicable jurisdiction or country [3].
 
Financial institutions that deal with customers while opening and maintaining financial accounts are required to have KYC processes in place [3]. This includes banks, credit unions, wealth management firms, broker-dealers, finance tech applications (fintech apps) depending on their activities, private lenders, and lending platforms [3]. KYC regulations have become increasingly critical for almost any institution involved in financial transactions due to the need to limit fraud, as well as the requirements imposed by banks on organizations with whom they conduct business [3].


Frequently Asked Questions

Under IRC § 61, all income from whatever source derived is taxable unless a specific exclusion applies. Lawsuit settlements are included in gross income by default. The key exceptions are physical injury and physical sickness recoveries under IRC § 104(a)(2), which are excluded from gross income when received as compensation for a physical injury or physical sickness claim.

IRC § 104(a)(2) excludes from gross income damages received on account of personal physical injuries or physical sickness. The exclusion applies to compensatory damages only. The injury or sickness must be physical — emotional distress damages, employment discrimination recoveries, breach of contract proceeds, and punitive damages do not qualify for the exclusion and are taxable.

Yes. Punitive damages are taxable as ordinary income regardless of whether the underlying claim involves a physical injury. IRC § 104(a)(2) does not exclude punitive damages. Even in a physical injury case where compensatory damages are excluded, any punitive damages awarded are included in the plaintiff's gross income and subject to federal income tax.

For most plaintiffs, no. The Tax Cuts and Jobs Act of 2017 suspended miscellaneous itemized deductions under IRC § 67(g) for tax years 2018 through 2025, eliminating the attorney fee deduction for most civil litigation recoveries. IRC § 62(a)(20) provides an above-the-line deduction only for qualifying discrimination and whistleblower cases. Plaintiffs in personal injury, breach of contract, and most tort cases cannot deduct attorney fees under current law.

A Qualified Settlement Fund (QSF) under IRC § 468B separates the timing of the defendant's payment from the plaintiff's taxable receipt of funds. The defendant transfers proceeds to the QSF and takes an immediate tax deduction. The plaintiff does not recognize taxable income until distribution from the QSF, preserving a planning window to implement structured settlements, Plaintiff Recovery Trusts, Special Needs Trusts, or other tax-minimization strategies before receiving taxable income.

A Plaintiff Recovery Trust (PRT), administered by Eastern Point Trust Company, addresses the attorney fee double tax created by Commissioner v. Banks, 543 U.S. 426 (2005), and worsened by TCJA 2017. The PRT separates the attorney fee portion of the settlement from the plaintiff's taxable recovery, allowing each party to recognize income only on their respective portion. Eastern Point Trust Company has saved plaintiffs $30 million or more through PRT structures. The PRT is implemented during the QSF administration window before taxable distributions occur.

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