Idaho Admin. Code r. 35.01.01.582 - SPECIAL RULES: FINANCIAL INSTITUTIONS
Section 63-3027(s), Idaho Code
01.
Adoption of MTC
Recommended Formula for the Apportionment and Allocation of Net Income of
Financial Institutions. This rule incorporates by reference the MTC
"Recommended Formula for the Apportionment and Allocation of Net Income of
Financial Institutions" as adopted in Subsection
003.02 of these rules. A copy of
this regulation may be obtained from the main office of the Idaho State Tax
Commission. (4-6-23)
02.
Definition of Financial Institution. "Financial institution"
means: (4-6-23)
a. Any corporation or other
business entity registered under state law as a bank holding company or
registered under the Federal Bank Holding Company Act of 1956, as amended, or
registered as a savings and loan holding company under the Federal National
Housing Act, as amended; (4-6-23)
b. A national bank organized and existing as
a national bank association pursuant to the provisions of the National Bank
Act, Title 12, Sections
21 et seq., United States Code;
(4-6-23)
c. A savings association
or federal savings bank as defined in the Federal Deposit Insurance Act, Title
12, Section 1813(b)(1),
United States Code; (4-6-23)
d. Any
bank or thrift institution incorporated or organized under the laws of any
state; (4-6-23)
e. Any corporation
organized under the provisions of Title 12, Sections
611 to
631, United States Code;
(4-6-23)
f. Any agency or branch of
a foreign depository as defined in Title 12, Section
3101, United States Code;
(4-6-23)
g. A production credit
association organized under the Federal Farm Credit Act of 1933, all of whose
stock held by the Federal Production Credit Corporation has been retired;
(4-6-23)
h. Any corporation or
other business entity that is more than fifty percent (50%) owned, directly or
indirectly, by any person or business entity described in Paragraphs 582.02.a.
through 582.02.g. (4-6-23)
i. A
corporation or other business entity that, in the current tax year and
immediately preceding two (2) tax years, derived more than fifty percent (50%)
of its total gross income for financial accounting purposes from finance
leases. For purposes of this subsection, a finance lease means any lease
transaction which is the functional equivalent of an extension of credit and
that transfers substantially all of the benefits and risks incident to the
ownership of property. This includes any direct financing lease or leverage
lease that meets the criteria of Financial Accounting Standards Board Statement
No. 13, Accounting for Leases or any other lease that is accounted for as a
financing lease by a lessor under generally accepted accounting principles.
(4-6-23)
j. Any corporation or
business entity that derives more than fifty percent (50%) of its gross income
from activities that a person described in Paragraphs 582.02.a. through
582.02.g. and 582.02.i. of this rule is authorized to transact. For purposes of
this subsection, the computation of gross income does not include income from
non-recurring, extraordinary items. (4-6-23)
03.
Exclusion from Paragraph
582.02.j. The Tax Commission is authorized to exclude any person from
the application of Paragraph 582.02j. upon such person proving, by clear and
convincing evidence, that the income-producing activity of such person is not
in substantial competition with those persons described in Paragraphs 582.02.a.
through 582.02.g. and 582.02.i. (4-6-23)
04.
Act Defined. For purposes of
applying the rules applicable to Section
63-3027, Idaho Code, references to
[Act] in the MTC Recommended Formula for Financial Institutions refers to the
Idaho Income Tax Act. (4-6-23)
Notes
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