JIFS,
Volume
16,
Number
2,
2016
ISSN:
1945-2950
Gift cards sales
in
1999 was
$19
billion,
in
2014 sales were $124 billion,
and
2016 sales are estimated to
be
$140 billion (Arnold, 2016). With significant sales of gift cards
and
the
inability to exchange unwanted
gift cards
with
merchants for cash, some gift cards, estimated at about 19%, go unredeemed (Kile, 2007).
This has created secondary markets for gift cards whereby unwanted cards could
be
sold
and
desired
cards purchased. With secondary market operators, the original terms of the cards must be followed
(FinCEN, 2013). Another important consideration of gift cards involves secondary markets
and
money
services business.
2.
MONEY SERVICES BUSINESS
Regulators determine whether a secondary marketer is a money transmitter or other form of money
services business (MSB)
is
to determine whether the Bank Secrecy Act
of
1970 (BSA) applies to
transactions that would require Suspicious Activity Reports (SARs) and Currency Transaction Reports
(CTRs)
to
be
generated. MSBs are required to register the financial instrument through The Financial
Crime Enforcement Network ("FinCEN") division of the
U.S.
Treasury Department
as
many MSBs operate
as
money transmitters
(31
CFR
103.41
).
Money transmitters are conduits whereby money moves from
one person at one location to another person
and
location. Although gift cards provide similar operations,
they do not operate
as
money transmitters.
Gift cards operate
in
a closed loop program
in
which a store value
card
can
be
used at one or a limited
number of locations and
is
not considered a money transmitter (FinCEN, 2013). Other prepaid cards,
such
as
those issued by credit card companies, are open loop cards that may
be
used nearly anywhere.
The term Money Transmitter was further clarified by FinCEN
by
removing prepaid access systems that
have a maximum daily amount of $2,000. Gift cards are not considered to
be
money transmitters since
they are considered low risk (FinCEN, 2013). Other prepaid access instruments issued at denominations
exceeding $2,000 are deemed money transmission. The overall intent of
MSB
regulation is
to
prevent
money laundering, funding terrorism
and
fraud. Being of such small denominations, FinCEN views closed
loop gift cards as unlikely vehicles for achieving those types
of
illegal activities.
In
the next section,
we
consider the property status of gift cards.
3.
ACCOUNTING
OF
GIFT CARDS AND SECONDARY MARKET OPERATIONS
The accounting of gift cards
by
retailers is easy when those gift cards
are
redeemed but very problematic
when breakage (non-redemption) occurs
in
gift cards (Kile, 2007). Researchers notes that some retailers
have made significant adjustments
to
earnings
as
a result of adjustments of breakages. Consequently,
not all breakage
can
be
reported
as
income due to the escheat laws (Feinson, 2008;
Kile
& Wall, 2008).
Many states' escheat laws treat gift cards
as
personal property with breakage being escheated to the
state
as
abandoned or unclaimed property (Feinson, 2008). However, gift cards
are
not treated
as
personal property when issued since sales tax
is
not collected and the card
is
a liability to
the
company
until redemption. This treats the card
as
a medium of exchange with sales tax collected at redemption. To
increase profits, some companies use a separate legal entity located
in
a state without escheat
requirements to handle gift card programs. If gift cards are treated
as
personal property, they
can
be
transferred
in
the secondary markets.
In
reviewing online secondary market firms,
we
found that most firms follow similar policies. Secondary
marketers
pay
between
75%
to
90%
of gift card face value contingent
on
the issuer
and
the broadness
in
product line (Cipriani, 2014).
In
selling gift cards, secondary marketers
add
at least
5%
of a gift card's
face value to their purchase price. For example a secondary marketer
pays
$85
for a gift card with
$100
face value and subsequently sells it for $90. While this
is
a good deal for the purchaser,
the
original
transaction of $100 for a card could
be
worth only
$85
to the recipient
if
sold to a third party instead of
redeemed.
In
addition to large organized exchanges (e.g., CardCash, CardHub, GameStop, GiftCardGranny,
and
Plastic Jungle) for gift cards, many prospective sellers
and
buyers have turned to non-mainstream
29