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CFR-2025-title31-vol2-part203

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11 
Fiscal Service, Treasury Pt. 203 
(d) Assignment. A depository that  
pledges securities which are not nego -
tiable without its endorsement or as -
signment may, in lieu of placing its un-
qualified endorsement on each secu -
rity, furnish an appropriate resolution  
and irrevocable power of attorney au -
thorizing the Federal Reserve Bank to  
assign the securities. The resolution  
and power of attorney shall conform to  
such terms and conditions as the Fed -
eral Reserve Banks shall prescribe. 
(e) Disposition of principal and interest  
payments of the pledged securities after a  
depositary is declared insolvent —(1) Gen-
eral. In the event of the depositary’s in -
solvency or closure, or in the event of  
the appointment of a receiver, conser -
vator, liquidator, or other similar offi -
cer to terminate its business, the de -
positary agrees that all principal and  
interest payments on any security  
pledged to protect public money due as  
of the date of the insolvency or closure, 
or thereafter becoming due, shall be  
held separate and apart from any other  
assets and shall constitute a part of  
the pledged security available to sat -
isfy any claim of the United States, in -
cluding those not arising out of the de -
positary relationship. 
(2) Payment procedures. (i) Subject to  
the waiver in paragraph (e)(2)(iii) of  
this section, each depositary (includ -
ing, with respect to such depositary, an 
assignee for the benefit of creditors, a  
trustee in bankruptcy, or a receiver in  
equity) shall immediately remit each  
payment of principal and/or interest re-
ceived by it with respect to collateral  
pledged pursuant to this section to the  
Federal Reserve Bank of the district,  
as fiscal agent of the United States,  
and in any event shall so remit no later 
than ten days after receipt of such a  
payment. 
(ii) Subject to the waiver in para -
graph (e)(2)(iii) of this section, each ob-
ligor on a security pledged by a deposi -
tary pursuant to this section shall  
make each payment of principal and/or  
interest with respect to such security  
directly to the Federal Reserve Bank of 
the district, as fiscal agent of the  
United States. 
(iii) The requirements of paragraphs  
(e)(2) (i) and (ii) of this section are  
hereby waived for only so long as a  
pledging depositary remains solvent.  
The foregoing waiver is terminated  
without further action immediately  
upon the insolvency of a pledging de -
positary or, if earlier, upon notice by  
the Treasury of such termination. For  
purposes of this paragraph, a deposi -
tary is insolvent when, voluntarily or  
by action of competent authority, it is  
closed because of present or prospec -
tive inability to meet the demands of  
its depositors or shareholders. 
[32 FR 14216, Oct. 13, 1967, as amended at 36  
FR 6748, Apr. 8, 1971; 36 FR 17995, Sept. 8,  
1971; 39 FR 30832, Aug. 26, 1974; 44 FR 53067,  
Sept. 11, 1979; 46 FR 28152, May 26, 1981; 62 FR  
45521, Aug. 27, 1997; 65 FR 55428, Sept. 13, 2000] 
§ 202.7 Maintenance of balances within  
authorizations. 
(a) Federal Government agencies  
shall contact the Department of the  
Treasury, Bureau of the Fiscal Service, 
before making deposits with a financial 
institution insured by a State or agen -
cy thereof or by a corporation char -
tered by a State for the sole purpose of  
insuring deposits or accounts. The con -
tact should be directed to the Cash  
Management Policy and Planning Divi-
sion, Federal Finance, Bureau of the  
Fiscal Service, Department of the  
Treasury, Washington, DC 20227. 
(b) Government agencies having con -
trol or jurisdiction over public money  
on deposit in accounts with deposi -
taries are responsible for the mainte -
nance of balances in such accounts  
within the limits of the authorizations  
specified by the Secretary of the Treas-
ury. 
[44 FR 53067, Sept. 11, 1979, as amended at 49  
FR 47001, Nov. 30, 1984; 62 FR 45521, Aug. 27,  
1997] 
PART 203—PAYMENT OF FEDERAL  
TAXES AND THE TREASURY TAX  
AND LOAN PROGRAM 
Subpart A—General Information 
Sec. 
203.1 Scope.  
203.2 Definitions.  
203.3 TT&L depositaries.  
203.4 Financial institution eligibility for  
designation as a TT&L depositary. 
203.5 Designation of financial institutions  
as TT&L depositaries. 
203.6 Obligations of TT&L depositaries.  

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12 
31 CFR Ch. II (7–1–25 Edition)  § 203.1 
203.7 Termination of agreement or change  
of election or option. 
203.8 Application of part and procedural in -
structions. 
Subpart B—Electronic Federal Tax  
Payments 
203.9 Scope of the subpart.  
203.10 Electronic payment methods.  
203.11 Same-day reporting and payment  
mechanisms. 
203.12 EFTPS interest assessments.  
203.13 Appeal and dispute resolution.  
Subpart C—PATAX 
203.14 Scope of the subpart.  
203.15 Tax deposits using FTD coupons.  
203.16 Retainer and investor depositaries.  
203.17 Collector depositaries.  
Subpart D—Investment Program and Col -
lateral Security Requirements for TT&L  
Depositaries 
203.18 Scope of the subpart.  
203.19 Sources of balances.  
203.20 Investment account requirements.  
203.21 Collateral security requirements.  
AUTHORITY: 12 U.S.C. 90,265–266, 332, 391,  
1452(d), 1464(k), 1767, 1789a, 2013, 2122, and  
3102; 26 U.S.C. 6302; 31 U.S.C. 321, 323, and  
3301–3304. 
SOURCE: 72 FR 59181, Oct. 19, 2007, unless  
otherwise noted. 
Subpart A—General Information 
§ 203.1 Scope.  
The regulations in this part govern  
the processing by financial institutions 
of electronic and paper-based deposits  
and payments of Federal taxes; the op -
eration of the Treasury Tax and Loan  
(TT&L) program; the designation of  
TT&L depositaries; and the operation  
of the investment program. A financial  
institution may participate in the  
TT&L program by participating in the  
investment program or by accepting  
Federal tax payments, or both. A fi -
nancial institution that accepts Fed -
eral tax payments may do so through  
the paper tax system (PATAX), or  
Electronic Federal Tax Payment Sys -
tem (EFTPS), or both. However, a fi -
nancial institution is not designated as  
a TT&L depositary if it only processes  
EFTPS payments. 
§ 203.2 Definitions.  
Advice of credit (AOC) means the  
paper or electronic form depositaries  
use to summarize and report Federal  
Tax Deposit (FTD) coupon deposits to  
the Internal Revenue Service (IRS) and 
the Federal Reserve Bank (FRB). 
Automated Clearing House (ACH) credit  
entry means a credit transaction origi -
nated by a financial institution, at the  
direction of the taxpayer, in accord -
ance with applicable ACH formats and  
applicable laws, regulations, and proce-
dural instructions. 
ACH debit entry means a debit trans -
action originated by the Treasury Fi -
nancial Agent (TFA), at the direction  
of the taxpayer, in accordance with ap -
plicable ACH formats and applicable  
laws, regulations, and instructions. 
Balance limit means the highest  
amount a depositary has stated it will  
accept in its Treasury Investment Pro -
gram (TIP) main account. 
Borrower-In-Custody (BIC) collateral  
means an arrangement by which a fi -
nancial institution pledging collateral  
to secure special direct investments  
and certain term investments is per -
mitted to retain possession of that col -
lateral, subject to terms and conditions 
agreed upon between the FRB and the  
financial institution. 
Business day means any day on which  
a financial institution’s FRB is open.  
Capacity means a TT&L depositary’s  
ability to accept additional invest -
ments in its TIP main account balance  
and/or its Special Direct Investment  
(SDI) account balance. With respect to  
a TT&L depositary’s TIP main account  
balance, capacity means the balance  
limit or current collateral value,  
whichever is lower, minus the total of:  
the depositary’s current TIP main ac -
count balance and any pending invest -
ments, plus any pending withdrawals.  
With respect to an SDI account bal -
ance, capacity means the dollar  
amount of collateral that the deposi -
tary has pledged for SDIs under a BIC  
arrangement minus the total of: the  
depositary’s current SDI account bal -
ance and any pending investments,  
plus any pending withdrawals. 
Collector depositary means a TT&L de-
positary that accepts paper tax pay -
ments from business customers and  
that may also process electronic tax  

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13 
Fiscal Service, Treasury § 203.2 
payments from customers, but that  
does not retain any such deposits as in-
vestments or accept dynamic, direct,  
or special direct investments. A col -
lector depositary may accept term in -
vestments. 
Direct investment means the Depart -
ment of the Treasury’s (Treasury’s)  
placement of funds with a TT&L depos-
itary, which results in an increase to  
the depositary’s TIP main account bal -
ance and a credit to its reserve ac -
count. 
Dynamic investment means Treasury’s  
placement of funds with a TT&L depos-
itary throughout the day, which re -
sults in an increase to the depositary’s  
TIP main account balance and a credit  
to its reserve account. 
Electronic Federal Tax Payment System  
(EFTPS) means the system through  
which taxpayers remit Federal tax pay-
ments electronically. 
Federal Reserve Bank (FRB) means the 
FRB of the district where the financial  
institution is located, or such other  
FRB that may be designated in an FRB 
operating circular, or such other FRB  
that may be designated by the Treas -
ury. A financial institution is deemed  
located in the same district it would be 
deemed located for purposes of Regula -
tion D (12 CFR 204.3(b)(2)), even if the  
financial institution is not otherwise  
subject to Regulation D. 
Federal Tax Deposit (FTD) means a  
Federal tax deposit made using an FTD 
coupon. 
FTD coupon means a paper form sup -
plied to a taxpayer by Treasury to ac -
company deposits of Federal taxes  
made through PATAX. 
Federal taxes means those Federal  
taxes or other payments specified by  
the Secretary of the Treasury as eligi -
ble for payment through the proce -
dures described in this part. 
Fedwire 1 means the funds transfer  
system owned and operated by the  
FRBs. 
Fedwire  non-value transaction means 
the same-day Federal tax payment in -
formation transmitted by a financial  
institution to an FRB using a  
Fedwire@ type 1090 message to author -
ize a payment. 
Fedwire  value transfer means a Fed -
eral tax payment made by a financial  
institution using a Fedwire  type 1000 
message. 
Financial institution means any bank,  
savings bank, savings association,  
credit union, or similar institution. 
Fiscal agent means the FRB acting as  
agent for Treasury. 
Investment program is the all-inclu -
sive name given to the programs by  
which Treasury invests excess oper -
ating cash. 
Investor depositary means a TT&L de -
positary that is authorized to partici -
pate in the investment program by ac -
cepting funds from Treasury via direct  
investments, special direct invest -
ments, dynamic investments, or term  
investments. In addition, an investor  
depositary may accept electronic or  
paper Federal tax payments from its  
business customers and retain a por -
tion of those tax deposits, depending on 
the capacity of its TIP main account  
balance. 
Paper Tax System (PATAX) means the 
paper-based system through which tax -
payers remit Federal tax payments by  
presenting an FTD coupon and pay -
ment to a TT&L depositary. 
Procedural instructions means the pro-
cedures contained in the Treasury Fi -
nancial Manual, Volume IV (IV TFM),  
other Treasury instructions issued by  
Treasury or through Treasury’s Finan -
cial Agents and FRB operating circu -
lars, and agreements issued consistent  
with this part. 
Recognized insurance coverage means 
the insurance provided by the Federal  
Deposit Insurance Corporation, the Na -
tional Credit Union Administration,  
and insurance organizations specifi -
cally qualified by the Secretary. 
Reserve account means an account at  
an FRB with reserve or clearing bal -
ances held by a financial institution or  
its designated correspondent financial  
institution, if applicable. 
Retainer depositary means a TT&L de-
positary that accepts electronic and/or  
paper Federal tax payments from its  
business customers and retains a por -
tion of the Federal tax deposits in its  
TIP main account balance, depending  
on its balance limit, account balance,  
and collateral value. A retainer deposi -
tary may also accept term invest -
ments. 

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14 
31 CFR Ch. II (7–1–25 Edition)  § 203.3 
Same-day payment means a payment  
made by a Fedwire  non-value trans -
action or a Fedwire  value trans -
action. 
Secretary means the Secretary of the  
Treasury, or the Secretary’s delegate.  
Special Direct Investment (SDI) means 
the placement by Treasury of funds  
with an investor depositary secured by  
collateral pledged under a BIC arrange-
ment. 
SDI account balance means an open-  
ended, interest-bearing note main -
tained on the books of the Treasury  
Support Center representing the  
amount of SDIs held by an investor de -
positary and secured by collateral  
pledged under a BIC arrangement. 
Tax due date means the day on which  
a Federal tax payment is due to Treas -
ury, as determined by statute and IRS  
regulations. 
Term Investments means Treasury’s  
excess operating funds that have been  
offered for a predetermined period of  
time and accepted by depositaries par -
ticipating in the Term Investment Op -
tion. 
Term Investment Option (TIO) means 
the program available to depositaries  
that offers the ability to borrow excess  
Treasury operating funds for a pre -
determined period of time. 
TIO account balance means an inter -
est-bearing note maintained on the  
books of the Treasury Support Center  
for a predetermined period of time. 
Treasury Financial Agent (TFA) means 
a financial institution designated as an 
agent of Treasury for processing  
EFTPS enrollments, consolidating  
EFTPS tax payment information, and  
originating ACH debit entries on behalf 
of Treasury as authorized by the tax -
payer. 
Treasury General Account (TGA)  
means an account maintained in the  
name of the United States Treasury at  
an FRB. 
Treasury Investment Program (TIP)  
means the automated system under the 
TT&L program that receives tax col -
lections, invests funds, and monitors  
collateral pledged to secure public  
money. 
TIP main account balance means an  
open-ended interest-bearing note main-
tained on the books of the Treasury  
Support Center (TSC) representing a  
retainer or investor depositary’s cur -
rent net amount of (i) Federal tax de -
posits retained by the depositary and/  
or (ii) Treasury investments made  
under the Direct investment program. 
Treasury Support Center (TSC) means 
the office at the FRB that, as Treas -
ury’s Fiscal agent, monitors collateral  
pledged to secure Treasury funds, man -
ages TT&L program participation for  
depositaries, and/or carries on its  
books depositaries’ TIP main account  
balances, SDI account balances, and/or  
Term Investment Option (TIO) account  
balances. 
Treasury Tax and Loan (TT&L) ac -
count means a record of transactions  
on the books of a TT&L depositary re -
flecting paper tax deposits received by  
the depositary. 
TT&L depositary or depositary means a 
financial institution designated as a  
depositary by Treasury or the FRB of  
St. Louis acting as Treasury’s Fiscal  
agent, for the purpose of participating  
in the investment program and/or  
PATAX. There are three kinds of  
TT&L depositaries: investor deposi -
taries, retainer depositaries, and col -
lector depositaries. 
TT&L program means the program for 
collecting Federal taxes and investing  
the Government’s excess operating  
funds. 
TT&L rate of interest means the inter-
est charged on the TIP main account  
balance and the SDI account balance.  
The TT&L rate of interest is the rate  
prescribed by the Secretary taking into 
consideration prevailing market inter -
est rates. The rate and any rate  
changes will be announced through a  
TT&L Special Notice to Depositaries  
and will be published in the F EDERAL 
REGISTER and on a Web site maintained 
by Treasury’s Bureau of the Fiscal  
Service at http://www.fiscal.treasury.gov. 
§ 203.3 TT&L depositaries.  
A financial institution that partici -
pates in PATAX and/or the investment  
program must be a TT&L depositary.  
There are three kinds of TT&L deposi -
taries. A collector depositary is a  
TT&L depositary that accepts paper  
Federal tax payments and also may ac -
cept electronic Federal tax payments,  
but does not accept direct investments  
or SDIs. A retainer depositary is a  

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15 
Fiscal Service, Treasury § 203.6 
TT&L depositary that accepts elec -
tronic and/or paper Federal tax pay -
ments and retains a portion ofthe tax  
deposits in its TIP main account bal -
ance. An investor depositary is a TT&L 
depositary that accepts direct invest -
ments, SDIs, or dynamic investments  
and may accept electronic and/or paper  
Federal tax payments and retain a por -
tion of those tax deposits. Collector,  
retainer, and investor depositaries may 
accept term investments. Retainer and  
investor depositaries do not have to  
participate in PATAX. 
§ 203.4 Financial institution eligibility  
for designation as a TT&L deposi -
tary. 
(a) To be designated as a TT&L de -
positary, a financial institution must  
be insured as a national banking asso -
ciation, state bank, savings bank, sav -
ings association, building and loan,  
homestead association, Federal home  
loan bank, credit union, trust com -
pany, or a U.S. branch of a foreign  
banking corporation, the establish -
ment of which has been approved by  
the Comptroller of the Currency. 
(b) A financial institution must pos -
sess the authority to pledge collateral  
to secure TT&L account balances, a  
TIP main account balance, an SDI ac -
count balance, or a no account balance  
as applicable. 
(c) In order to be designated as a  
TT&L depositary for the purposes of  
processing Federal tax deposits  
through PATAX, a financial institu -
tion must possess under its charter ei -
ther general or specific authority per -
mitting the maintenance of the TT&L  
account, the balance of which is pay -
able on demand without previous no -
tice of intended withdrawal. In addi -
tion, investor depositaries and retainer  
depositaries must possess either gen -
eral or specific authority permitting  
the maintenance of a TIP main ac -
count 27 balance or an SDI account bal-
ance. Investor, retainer, and collector  
depositaries that accept term invest -
ments must possess either general or  
specific authority permitting the  
maintenance of a TIO account balance.  
In the case of investor and retainer de -
positaries maintaining a TIP main ac -
count balance or an SDI account bal -
ance, the authority must perm it the  
maintenance of a TIP main account  
balance or an SDI account balance  
which is payable on demand without  
previous notice of intended withdrawal. 
§ 203.5 Designation of financial institu -
tions as TT&L depositaries. 
(a) Parties to the agreement. To be des-
ignated as a TT&L depositary, a finan -
cial institution must enter into a de -
positary agreement with Treasury or  
Treasury’s Fiscal agent. By entering  
into this agreement, the financial in -
stitution agrees to be bound by this  
part, and procedural instructions  
issued pursuant to this part. Treasury  
will not compensate depositaries for  
servicing and maintaining a TT&L ac -
count, or for processing tax payments  
through EFTPS or PATAX, unless oth -
erwise provided for in procedural in -
structions. 
(b) Application procedures. (1) An eligi-
ble financial institution seeking des -
ignation as a TT&L depositary must  
file the forms specified in the proce -
dural instructions with the TSC. A  
TT&L depositary must elect to be one  
or more of the following: 
(i) A collector depositary; 
(ii) A retainer depositary; 
(iii) An investor depositary. 
(2) A financial institution is not au -
thorized to maintain a TT&L account,  
TIP main account balance, SDI ac -
count balance, or TIO account balance  
until the TSC designates it as a TT&L  
depository. 
§ 203.6 Obligations of TT&L deposi -
taries. 
A TT&L depositary must: 
(a) Administer a TIP main account  
balance, SDI account balance, or TIO  
account balance, as applicable, if par -
ticipating in the investment program. 
(b) Administer a TT&L account, if  
participating in PATAX. 
(c) Comply with the requirements of  
Section 202 of Executive Order 11246,  
entitled ‘‘Equal Employment Oppor -
tunity’’ (3 CFR, 1964–1965 Comp., p. 339)  
as amended by Executive Orders 11375  
and 12086 (3 CFR, 1966–1970 Comp., p.  
684; 3 CFR, 1978 Comp., p. 230), and the  
regulations issued thereunder at 41  
CFR chapter 60. 
(d) Comply with the requirements of  
Section 503 of the Rehabilitation Act of 

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16 
31 CFR Ch. II (7–1–25 Edition)  § 203.7 
1973, as amended, and the regulations  
issued thereunder at 41 CFR part 60–  
741, requiring Federal contractors to  
take affirmative action to employ and  
advance in employment qualified indi -
viduals with disabilities. 
(e) Comply with the requirements of  
Section 503 of the Vietnam Era Vet -
erans’ Readjustment Assistance Act of  
1972, as amended, 38 U.S.C. 4212, Execu -
tive Order 11701 (3 CFR 1971–1975 Comp., 
p. 752), and the regulations issued  
thereunder at 41 CFR parts 60–250 and  
61–250, requiring Federal contractors to 
take affirmative action to employ and  
advance in employment qualified spe -
cial disabled veterans and Vietnam-era  
veterans. 
§ 203.7 Termination of agreement or  
change of election or option.  
(a) Termination by Treasury. The Sec-
retary may terminate the agreement of 
a TT&L depositary at any time upon  
notice to that effect to that depositary, 
effective on the date set forth in the  
notice. 
(b) Termination or change of election or  
option by the depositary. A TT&L depos-
itary may terminate its depositary  
agreement, or change its option or  
election, consistent with this part and  
the procedural instructions, by prior  
written notice to the TSC. 
§ 203.8 Application of part and proce -
dural instructions. 
The terms of this part and the proce -
dural instructions issued pursuant to  
this part will be binding on financial  
institutions that process Federal tax  
payments or maintain a TT&L ac -
count, TIP main account balance, SDI  
account balance, or a TIO account bal -
ance under this part. By accepting or  
originating Federal tax payments, the  
financial institution agrees to be bound 
by this part and by procedural instruc -
tions issued pursuant to this part. 
Subpart B—Electronic Federal Tax  
Payments 
§ 203.9 Scope of the subpart.  
This subpart prescribes the rules that 
financial institutions must follow when 
they process electronic Federal tax  
payment transactions. A financial in -
stitution is not required to be des -
ignated as a TT&L depositary in order  
to process electronic Federal tax pay -
ments. In addition, a financial institu -
tion does not become a TT&L deposi -
tary by processing electronic Federal  
tax payments under this subpart and  
may not represent itself as a TT&L de -
positary because it does so. 
§ 203.10 Electronic payment methods.  
(a) General. Electronic payment  
methods for Federal tax payments  
available under this subpart include  
ACH debit entries, ACH credit entries,  
and same-day payments. 
(b) Conditions to making an electronic  
payment. This part does not affect the  
authority of financial institutions to  
enter into contracts with their cus -
tomers regarding the terms and condi -
tions for processing payments, as long  
as the terms and conditions of those  
contracts are not inconsistent with  
this part and with any laws that apply  
to the particular transactions. 
(c) Payment of interest for time value of  
funds held. Treasury will not pay inter -
est on any payment that a financial in -
stitution erroneously originates and  
that subsequently is refunded. 
§ 203.11 Same-day reporting and pay -
ment mechanisms. 
(a) General. A financial institution or  
its authorized correspondent may ini -
tiate same-day reporting and payment  
transactions on behalf of taxpayers. A  
same-day payment must be received by  
the FRB by the deadline established by  
Treasury in the procedural instruc -
tions. 
(b) Fedwire  non-value transaction. By 
initiating a Fedwire  non-value trans-
action, a financial institution author -
izes the TSC to debit its reserve ac -
count for the amount of the Federal  
tax payment specified in the trans -
action. 
(1) For an investor or retainer deposi-
tary using a Fedwire  non-value trans-
action, the TSC will credit the Federal  
tax payment amount, up to the deposi -
tary’s available TIP main account bal -
ance capacity, to the depositary’s TIP  
main account balance on the day of the 
transaction. Throughout the course of  
the day, the TSC will debit from the  

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17 
Fiscal Service, Treasury § 203.12 
depositary’s reserve account, and cred -
it to the TGA, any portion of a tax pay-
ment amount that would exceed the in-
stitution’s available TIP main account  
balance capacity. 
(2) For a collector depositary or a  
non-TT&L depositary financial institu-
tion using a Fedwire  non-value trans-
action, the TSC will debit the financial  
institution’s reserve account for the  
Federal tax payment amount and cred -
it that amount to the TGA on the day  
of the transaction. 
(c) Cancellations and reversals. In addi-
tion to cancellations due to insuffi -
cient funds in the financial institu -
tion’s reserve account, the FRB may  
reverse a same-day transaction: 
(1) If the transaction: 
(i) Is originated by a financial insti -
tution after the deadline established by 
Treasury in the procedural instruc -
tions; 
(ii) Has an unenrolled taxpayer iden -
tification number; or 
(iii) Does not meet the edit and for -
mat requirements set forth in the pro -
cedural instructions; or 
(2) At the direction of the IRS, for  
the following reasons: 
(i) Incorrect taxpayer name; 
(ii) Overpayment; or 
(iii) Unidentified payment; or 
(3) At the request of the financial in -
stitution that sent the same-day trans -
action, if the request is made prior to  
the payment day deadline established  
by Treasury in the procedural instruc -
tions. 
(d) Other than as stated in paragraph  
(c) of this section, Treasury is not obli -
gated to reverse all or any part of a  
payment. 
§ 203.12 EFTPS interest assessments.  
(a) Circumstances subject to interest as -
sessments. Treasury may assess interest 
on a financial institution in instances  
where a taxpayer that failed to meet a  
tax due date proves to the IRS that the  
delivery of Federal tax payment in -
structions to the financial institution  
was timely and that the taxpayer satis-
fied the conditions imposed by the fi -
nancial institution pursuant to  
§ 203.10(b). Treasury also may assess in-
terest where a financial institution  
fails to respond to an ACH  
prenotification entry on an ACH debit  
as required under part 210 of this title,  
or fails to originate an ACH  
prenotification or zero dollar entry on  
an ACH credit at a taxpayer’s request,  
which then results in a late payment. 
(b) Calculation of interest assessment.  
Any interest assessed under this sec -
tion will be at the TT&L rate of inter -
est. Treasury will assess the interest  
from the day the taxpayer specified  
that its payment should settle to the  
Treasury until the day Treasury re -
ceives the payment, subject to the fol -
lowing limitations: for ACH debit  
transactions, interest will be limited to 
no more than seven calendar days; For  
ACH credit and same-day transactions,  
interest will be limited to no more  
than 45 calendar days. The limitation  
of liability in this paragraph does not  
apply to any interest assessment in  
which there is an indication of fraud,  
the presentation of a false claim, or  
misrepresentation or embezzlement on  
the part of the financial institution or  
any employee or agent of the financial  
institution. 
(c) Authorization to assess interest. A 
financial institution that processes  
Federal tax payments made electroni -
cally under this subpart is deemed to  
authorize the TSC to debit its reserve  
account for any interest assessed under 
this section. Upon the direction of  
Treasury, the TSC will debit the finan -
cial institution’s reserve account for  
the amount of the assessed interest. 
(d) Circumstances not resulting in the  
assessment of interest. (1) Treasury will  
not assess interest on a taxpayer’s fi -
nancial institution if a taxpayer fails  
to meet a tax due date because the tax-
payer has not satisfied conditions im -
posed by the financial institution pur -
suant to § 203.10(b) and the financial in-
stitution has not contributed to the  
delay. The burden is on the financial  
institution to establish, pursuant to  
the procedures in § 203.13, that the tax -
payer has not satisfied the conditions  
and that the financial institution has  
not caused or contributed to the delay.  
(2) Treasury will not assess interest  
on a financial institution if a taxpayer  
fails to meet a tax due date because the 
FRB or the TFA caused a delay and the 
financial institution did not contribute 

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18 
31 CFR Ch. II (7–1–25 Edition)  § 203.13 
to the delay. The burden is on the fi -
nancial institution to establish, pursu -
ant to the procedures in § 203.13, that it 
did not cause or contribute to the  
delay. 
§ 203.13 Appeal and dispute resolution.  
(a) Contest. A financial institution  
may contest any interest assessed  
under § 203.12 or any late fees assessed  
under § 203.17. To do so, the financial  
institution must submit information  
supporting its position and the relief  
sought. The information must be re -
ceived, in writing, by the Treasury offi-
cer or Fiscal agent identified in the  
procedural instructions, no later than  
90 calendar days after the date the TSC  
debits the Federal reserve account of  
the financial institution under § 203.12  
or § 203.17. The Treasury officer or Fis -
cal agent will make a decision to: Up -
hold, reverse, or modify the assess -
ment, or mandate other action. 
(b) Appeal. The financial institution  
may appeal the decision referenced in  
subsection (a) to Treasury as set forth  
in the procedural instructions. No fur -
ther administrative review of Treas -
ury’s decision is available under this  
part. 
(c) Recoveries. In the event of an over  
or under recovery of interest, principal, 
or late fees, Treasury will instruct the  
TSC to credit or debit the financial in -
stitution’s reserve account.  
Subpart C—PATAX 
§ 203.14 Scope of the subpart.  
This subpart applies to all TT&L de -
positaries that accept FTD coupons  
and governs the acceptance and proc -
essing of those coupons. 
§ 203.15 Tax deposits using FTD cou -
pons. 
A TT&L depositary processing FTD  
coupons may choose to be designated  
as a retainer depositary, an investor  
depositary, or a collector depositary. A  
TT&L depositary that accepts FTD  
coupons through any of its offices that  
accept demand and/or savings deposits  
must: 
(a) Accept from a taxpayer that pre -
sents an FTD coupon: cash, a postal  
money order drawn to the order of the  
depositary, or a check or draft drawn  
on and to the order of the depositary,  
covering an amount to be deposited as  
Federal taxes. A TT&L depositary may  
accept, at its discretion, a check drawn 
on another financial institution, but it  
does so at its option and absorbs for its  
own account any float and other costs  
involved. 
(b) Place a stamp impression on the  
face of each FTD coupon in the space  
provided. The stamp must reflect the  
date on which the TT&L depositary re -
ceived the tax deposit and the name  
and location of the depositary. The IRS 
will determine whether the tax pay -
ment is on time by referring to the  
date stamped on the FTD coupon. 
(c) Forward, each day, to the IRS  
Service Center serving the geo -
graphical area in which the TT&L de -
positary is located, the FTD coupons  
for all FTD deposits received that day  
and a copy of the AOC reflecting the  
total amount of all FTD coupons. 
(d) Establish an adequate record of  
all FTD deposits prior to transmitting  
them to 36 the IRS Service Center so  
that the TT&L depositary will be able  
to identify deposits in the event the  
FTD coupons are lost in shipment. To  
be adequate, the record must show, at  
a minimum for each deposit, the date  
of the deposit, the taxpayer identifica -
tion number, the amount of the de -
posit, the tax period ending date, the  
type of tax deposited, and the employer 
name. Alternatively, the TT&L deposi -
tary may retain a copy of each FTD  
coupon forwarded to the IRS Service  
Center. 
(e) On the business day following re -
ceipt of an FTD coupon, submit the  
AOC information electronically to the  
TSC. 
(f) Not accept compensation from  
taxpayers for accepting FTDs and han -
dling them as required by this section.  
§ 203.16 Retainer and investor deposi -
taries. 
(a) Credit to TIP main account balance.  
On the business day that the TSC re -
ceives an AOC from a retainer or inves-
tor depositary, the TSC will credit the  
depositary’s TIP main account balance  
for the amount reported on the AOC  
unless there isn’t sufficient capacity.  
In that case, any amount in excess of  

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19 
Fiscal Service, Treasury § 203.20 
the capacity will be debited to the re -
serve account and credited to the TGA.  
(b) Late delivery of AOC. If an AOC  
does not arrive at the TSC before the  
designated cutoff time for receipt, the  
TSC will credit the amount of funds to  
the depositary’s TIP main account bal -
ance as of the date of receipt of the  
AOC. However, the date on which funds  
will begin to earn interest for Treasury  
is the next business day after the AOC  
date. 
§ 203.17 Collector depositaries.  
(a) Debit to reserve account. On the  
business day that the TSC receives an  
AOC from a collector depositary, the  
TSC will debit the depositary’s reserve  
account for the amount reported on the 
AOC and credit that amount to Treas -
ury’s account.  
(b) Late delivery of AOC. If an AOC  
does not arrive at the TSC before the  
designated cutoff time on the first  
business day after the AOC date, an  
FTD late fee in the form of interest at  
the TT&L rate of interest will.be as -
sessed for each day’s delay in receipt of  
the AOC. Upon the direction of Treas -
ury, the TSC will debit the depositary’s  
reserve account for the amount of the  
late fee. 
Subpart D—Investment Program  
and Collateral Security Re -
quirements for TT&L Deposi -
taries 
§ 203.18 Scope of the subpart.  
This subpart governs the operation of 
the investment program, including the  
rules that TT&L depositaries must fol -
low in crediting and debiting TIP main  
account balances, SDI account bal -
ances, and TIO account balances, and  
pledging collateral security. 
§ 203.19 Sources of balances.  
A financial institution must be a col -
lector depositary that accepts term in -
vestments, an investor depositary, or a  
retainer depositary to participate in  
the investment program. Depositaries  
electing to participate in the invest -
ment program can receive Treasury’s  
investments in obligations of the de -
positary from the following sources: 
(a) FTDs that have been credited to  
the depositary’s TIP main account bal -
ance pursuant to subpart C of this part; 
(b) EFTPS ACH credit and debit  
transactions, Fedwire  non-value 
transactions, and Fedwire  value 
transfers pursuant to subpart B of this  
part; 
(c) Direct investments, SDIs, dy -
namic investments, and term invest -
ments pursuant to subpart D of this  
part; and 
(d) Other excess Treasury operating  
funds. 
§ 203.20 Investment account require -
ments. 
(a) Additions. Treasury will invest  
funds in obligations of collector deposi-
taries that accept term investments,  
investor depositaries, or retainer de -
positaries. Such obligations will be in  
the form of open-ended interest-bear -
ing notes, or in the case of term invest-
ments, interest-bearing notes main -
tained for a predetermined period of  
time, and additions and reductions will  
be reflected on the books of the TSC. 
(1) PATAX. The TSC will credit the  
TIP main account balance as stated in  
§ 203.16(a) for an investor or retainer de-
positary processing tax deposits  
through PATAX. 
(2) EFTPS—(i) ACH debit and ACH  
credit. The TSC will credit a deposi -
tary’s TIP main account balance, and  
credit the depositary’s reserve account  
if capacity exists, for the amount of  
EFTPS ACH debit and credit entries on 
the day such entries settle. 
(ii) Fedwire  value and non-value  
transactions. The TSC will credit a de -
positary’s TIP main account balance if  
capacity exists, throughout the day on  
the day of settlement, for the amount  
of Fedwire  value and non-value trans-
actions. In the case of Fedwire  value 
transactions, the depositary’s reserve  
account will also be credited. 
(b) Additional offerings. Other funds  
from Treasury may be offered from  
time to time to depositaries partici -
pating in the investment program  
through direct investments, SDIs, term 
investments, or other investment pro -
grams. 
(c) Withdrawals. The amount of a TIP  
main account balance or SDI account  
balance is payable on demand without  

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20 
31 CFR Ch. II (7–1–25 Edition)  § 203.21 
prior notice. The TSC will make calls  
for payment at the direction of the  
Secretary. On behalf of Treasury, the  
TSC will debit the depositary’s reserve  
account on the day specified in the call  
for payment. 
(d) Interest. The TIP main account  
balance and the SDI account balance  
bear interest at the TT&L rate of in -
terest. Such interest is payable by a  
charge to the depositary’s reserve ac -
count in the manner prescribed in the  
procedural instructions. 
(e) Balance limits—(1) Retainer and in -
vestor depositaries. A retainer or inves -
tor depositary must establish an initial 
balance limit for its TIP main account  
balance by providing notice to that ef -
fect in writing to the TSC. The balance  
limit is the amount of funds for which  
a retainer or investor depositary is  
willing to provide collateral in accord -
ance with § 203.21(c)(1). The depositary  
must follow the procedural instruc -
tions before reducing the established  
balance limit unless the reduction re -
sults from a collateral revaluation as  
determined by the FRB. That portion  
of any PATAX or EFTPS tax payment  
which, when posted at the FRB, would  
cause the TIP main account balance to  
exceed the balance limit specified by  
the depositary, will be withdrawn by  
the FRB that day. 
(2) Direct investments. An investor de -
positary that participates in direct in -
vestments must set a balance limit for  
direct investment purposes which is  
higher than the peak balance normally  
generated by the depositary’s PATAX  
and EFTPS tax payment inflow. The  
depositary must follow the procedural  
instructions before reducing the estab -
lished balance limit. 
(3) SDIs. SDIs are credited to the SDI  
account balance and are not considered 
in setting the amount of the TIP main  
account balance limit or in deter -
mining the amounts to be withdrawn  
where a depositary exceeds its TIP  
main account balance limit. 
(f) TIO. Treasury may, from time to  
time, invest excess operating funds in  
obligations of depositaries awarded  
funds under TIO. Such obligations will  
be in the form of interest-bearing notes 
payable upon a predetermined period of 
time not to exceed 90 days. Such notes  
will bear interest at a rate prescribed  
by the Secretary by auction or other -
wise taking into consideration pre -
vailing market interest rates. 
§ 203.21 Collateral security require -
ments. 
Financial institutions that process  
EFTPS tax payments, but that are not  
TT&L depositaries, have no collateral  
requirements under this part. Finan -
cial institutions that are TT&L deposi -
taries have collateral security require -
ments, as follows: 
(a) Investor and retainer depositaries — 
(1) PATAX and EFTPS tax payments. In-
vestor and retainer depositaries must  
pledge collateral security in accord -
ance with the requirements of para -
graphs (c)(l), (d), and (e) of this section  
in an amount that is sufficient to cover 
the TIP main account balance and the  
balance in the TT&L account that ex -
ceeds the recognized insurance cov -
erage. 
(2) Direct investments. An investor de -
positary is required to pledge collat -
eral in accordance with the require -
ments of paragraphs (c), (d), and (e) of  
this section no later than the day be -
fore a direct investment is placed.  
However, each investor depositary par -
ticipating in same-day direct invest -
ments must pledge, prior to the an -
nouncement, collateral up to its bal -
ance limit to obtain the depositary’s  
maximum portion of the same-day di -
rect investment. 
(3) SDIs. The day before SDIs are  
credited to an investor depositary’s  
SDI account balance, the depositary  
must pledge collateral security, in ac -
cordance with the requirements of  
paragraphs (c)(2), (d), and (e) of this  
section, to cover the total of the SDIs  
to be received. 
(4) TIO. Each depositary partici -
pating in the term investment program 
must pledge, prior to the time the term 
investment is placed, collateral in ac -
cordance with paragraphs (c)(1), (c)(2)  
for certain term investments as deter -
mined by Treasury, (d), and (e) of this  
section sufficient to cover the total  
TIO account balance. 
(b) Collector depositaries. Prior to  
crediting FTD deposits to the TT&L  
account, a collector depositary must  

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21 
Fiscal Service, Treasury § 203.21 
pledge collateral security, in accord -
ance with the requirements of para -
graphs (c)(1), (d), and (e) of this section, 
in an amount which is sufficient to  
cover the balance in the TT&L account  
that exceeds the recognized insurance  
coverage. 
(c) Deposits of securities. (1) Collateral 
security required under paragraphs  
(a)(1), (2), (4) (except as provided in sub-
paragraph (2) below), and (b) of this  
section must be deposited with the de -
positary’s FRB, or with a custodian or  
custodians within the United States  
designated by the TSC or FRB, under  
terms and conditions prescribed by the  
TSC or FRB. 
(2) A depositary pledging collateral  
security as required under paragraph  
(a)(3) or paragraph (a)(4) (when per -
mitted) of this section must pledge the  
collateral under a written security  
agreement on a form provided by the  
FRB. The collateral security pledged to 
satisfy the requirements of paragraphs  
(a)(3) and (a)(4) (when permitted) of  
this section may remain in the pledg -
ing depositary’s possession provided  
that the pledging is evidenced by ad -
vices of custody incorporated by ref -
erence in the written security agree -
ment. The depositary must provide the  
written security agreement and all ad -
vices of custody covering collateral se -
curity pledged under that agreement to 
the FRB. Collateral security pledged  
under the agreement may not be sub -
stituted for or released without the ad -
vance approval of the FRB, and any  
collateral security subject to the secu -
rity agreement will remain so subject  
until an approved substitution is made. 
No substitution or release will be ap -
proved until an advice of custody con -
taining the description required by the  
written security agreement is received  
by the FRB. 
(3) Treasury’s security interest in  
collateral security pledged by a deposi -
tary in accordance with paragraphs  
(c)(2) of this section to secure SDIs and  
certain term investments is perfected  
without Treasury taking possession of  
the collateral security by filing or, ab -
sent filing, for a period not to exceed 20 
calendar days from the day of the de -
positary’s receipt of the special direct  
or term investment. 
(d) Acceptable collateral. The types of  
securities that may be used as collat -
eral, and how those securities are val -
ued, are set forth in 31 CFR part 380. 
(e) Assignment of securities. By pledg -
ing acceptable securities which are not  
negotiable without the depositary’s en -
dorsement or assignment, a TT&L de -
positary, in lieu of placing its unquali -
fied endorsement on each security, ap -
points the FRB or its assigns as the de -
positary’s attorney-in-fact with full ir -
revocable power and authority to en -
dorse, assign or transfer the securities,  
and represents and warrants that an  
appropriate resolution authorizing the  
granting of such irrevocable power of  
attorney has been executed and adopt -
ed. The powers of attorney so granted  
are coupled with an interest and are ir -
revocable, and full power of substi -
tution is granted to the assignee or  
holder. 
(f) Effecting payments of principal and  
interest on securities or instruments  
pledged as collateral —(1) General. Treas-
ury, without notice or demand, may  
sell or otherwise collect the proceeds of 
all or part of the collateral, including  
additions, substitutions, interest, and  
distribution of principal, and apply the  
proceeds to satisfy any claims of the  
United States against the depositary, if 
any of the following events occur: 
(i) The depositary fails to pay, when  
due, the whole or any part of the funds  
received by it for credit to the TT&L  
account and, if applicable, its TIP  
main account balance, SDI account  
balance, or TIO account balance; 
(ii) The depositary fails to pay when  
due amounts owed to the United States 
or the United States Treasury; 
(iii) The depositary otherwise vio -
lates or fails to perform any of the  
terms of this part or any of the proce -
dural instructions entered into here -
under; or 
(iv) The depositary is closed for busi -
ness by regulatory action or by proper  
corporate action, or a receiver, conser -
vator, liquidator, or any other officer  
is appointed for the depositary. All  
principal and interest payments on any 
security pledged to protect the TIP  
main account balance, the SDI account 
balance, the TIO account balance or  
the TT&L account, as applicable, due  

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22 
31 CFR Ch. II (7–1–25 Edition)  Pt. 205 
as of the date of the insolvency or clo -
sure or thereafter becoming due, will  
be held separate and apart from any  
other assets and will constitute a part  
of the pledged security available to  
satisfy any claim of the United States.  
(2) Payment procedures. (i) Subject to  
the waiver in paragraph (f)(2)(iii) of  
this section, each depositary (includ -
ing, with respect to such depositary, an 
assignee for the benefit of creditors, a  
trustee in bankruptcy, or a receiver in  
equity) will, as soon as possible, remit  
to the FRB, as Fiscal agent, each pay -
ment of principal and/or interest re -
ceived by it with respect to collateral  
pledged pursuant to this section. The  
remittance will be made no later than  
10 days after receipt of such a payment. 
(ii) Subject to the waiver in para -
graph (f)(2)(iii) of this section, each ob -
ligor on a security pledged by a deposi -
tary pursuant to this section, upon no -
tification that Treasury is entitled to  
any payment associated with that  
pledged security, must make each pay -
ment of principal and/or interest due  
with respect to such security directly  
to the FRB, as Fiscal agent of the  
United States. 
(iii) The requirements of paragraphs  
(f)(2)(i) and (ii) of this section are here -
by waived for only so long as a pledg -
ing depositary avoids both termination  
from the program under § 203.7 and also 
those circumstances identified in para -
graph (f)(1) which may lead to the col -
lection of the proceeds of collateral or  
the waiver is otherwise terminated by  
Treasury. 
PART 204 [RESERVED] 
PART 205—RULES AND PROCE -
DURES FOR EFFICIENT FEDERAL-  
STATE FUNDS TRANSFERS 
Sec. 
205.1 What Federal assistance programs are  
covered by this part? 
205.2 What definitions apply to this part?  
Subpart A—Rules Applicable to Federal  
Assistance Programs Included in a  
Treasury-State Agreement 
205.3 What Federal assistance programs are  
subject to this subpart A? 
205.4 Are there any circumstances where a  
Federal assistance program that meets  
the criteria of § 205.3 would not be subject 
to this subpart A? 
205.5 What are the thresholds for major  
Federal assistance programs? 
205.6 What is a Treasury-State agreement?  
205.7 Can a Treasury-State agreement be  
amended? 
205.8 What if there is no Treasury-State  
agreement in effect? 
205.9 What is included in a Treasury-State  
agreement? 
205.10 How do you document funding tech -
niques? 
205.11 What requirements apply to funding  
techniques? 
205.12 What funding techniques may be  
used? 
205.13 How do you determine when State or  
Federal interest liability accrues? 
205.14 When does Federal interest liability  
accrue? 
205.15 When does State interest liability ac -
crue? 
205.16 What special rules apply to Federal  
assistance programs and projects funded  
by the Federal Highway Trust Fund? 
205.17 Are funds transfers delayed by auto -
mated payment systems restrictions  
based on the size and timing of the draw -
down request subject to this part? 
205.18 Are administrative costs subject to  
this part? 
205.19 How is interest calculated?  
205.20 What is a clearance pattern?  
205.21 When may clearance patterns be  
used? 
205.22 How are accurate clearance patterns  
maintained? 
205.23 What requirements apply to esti -
mates? 
205.24 How are accurate estimates main -
tained? 
205.25 How does this part apply to certain  
Federal assistance programs or funds? 
205.26 What are the requirements for pre -
paring Annual Reports? 
205.27 How are Interest Calculation Costs  
calculated? 
205.28 How are interest payments ex -
changed? 
205.29 What are the State oversight and  
compliance responsibilities? 
205.30 What are the Federal oversight and  
compliance responsibilities? 
205.31 How does a State or Federal Program  
Agency appeal a determination made by  
us and resolve disputes? 
Subpart B—Rules Applicable to Federal  
Assistance Programs Not Included in a  
Treasury-State Agreement 
205.32 What Federal assistance programs  
are subject to this subpart B? 
205.33 How are funds transfers processed?  
205.34 What are the Federal oversight and  
compliance responsibilities?