Is there still a $10 limit on premiums offered when someone opens a deposit account? When do I need to issue a Form 1099?

We are not aware of any limits on the premiums paid to customers on account opening. There are references to bonuses of $10 or more in the Truth in Savings Act advertising requirements, the FDIC’s deposit insurance regulations, and the IRS Form 1099 requirements, but those provisions do not place any limitations on account opening bonuses.

  • Under the Truth in Savings Act regulations, advertising a bonus worth more than $10 will trigger additional disclosure requirements for the advertisement. 12 CFR 1030.2(f) (the definition of “bonus”); 12 CFR 1030.8(d) (the advertising disclosure requirements for account bonuses). 
  • Under the FDIC’s deposit insurance regulations, a premium worth more than $10 is considered “interest.” 12 CFR 330.101(a)(3). However, note that the distinction between interest-bearing and non-interest-bearing accounts is now largely irrelevant. In the past, Regulation Q prohibited interest-bearing demand deposit accounts, but the Dodd-Frank Act eliminated that prohibition, and Regulation Q was repealed in 2011 (see 76 Fed. Reg. 41392 (July 14, 2011)). The FDIC’s definition of “interest” remained relevant because Dodd-Frank Act also mandated temporary unlimited deposit insurance coverage for non-interest-bearing accounts, but that coverage expired on December 31, 2012. Dodd-Frank Act, § 343.
  • Each financial institution that pays at least $10 of interest during the year must file a 1099-INT with the IRS and send the customer a copy by February 2 for 2018. See IRS 2017 Instructions for Forms 1099-INT.