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Text: HF00556                           Text: HF00558
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 557

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 422.61, subsection 2, Code 1995, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  f.  A deduction shall not be allowed for
  1  4 that portion of the taxpayer's expenses computed under this
  1  5 paragraph which is allocable to an investment in an investment
  1  6 subsidiary.  The portion of the taxpayer's expenses which is
  1  7 allocable to an investment in an investment subsidiary is an
  1  8 amount which bears the same ratio to the taxpayer's expenses
  1  9 as the taxpayer's average adjusted basis, as computed pursuant
  1 10 to section 1016 of the Internal Revenue Code, of investment in
  1 11 that investment subsidiary bears to the average adjusted basis
  1 12 for all assets of the taxpayer.  The portion of the taxpayer's
  1 13 expenses that is computed and disallowed under this paragraph
  1 14 shall be added.
  1 15    Sec. 2.  Section 422.61, Code 1995, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  1A.  "Investment subsidiary" means an
  1 18 entity that is owned, capitalized, and utilized by a financial
  1 19 institution with one of its purposes being to make, hold, and
  1 20 manage, for and on behalf of the financial institution,
  1 21 investments in securities which the financial institution
  1 22 would be permitted by applicable law to make for its own
  1 23 account.
  1 24    Sec. 3.  This Act, being deemed of immediate importance,
  1 25 takes effect upon enactment and applies retroactively to
  1 26 January 1, 1995, for tax years beginning on or after that
  1 27 date.  
  1 28                           EXPLANATION
  1 29    The bill amends the franchise tax to disallow the expenses
  1 30 related to investments in investment subsidiaries of financial
  1 31 institutions.  To counteract the loss of franchise tax revenue
  1 32 caused by financial institutions setting up subsidiaries and
  1 33 transferring interest-producing assets to them, the bill
  1 34 disallows the deduction of a pro rata portion of all expenses.
  1 35 The expenses are disallowed in the ratio of the investment in
  2  1 investment subsidiaries to total assets.
  2  2    The bill is retroactive to January 1, 1995, for tax years
  2  3 beginning on or after that date.  
  2  4 LSB 2628HV 76
  2  5 mg/cf/24
     

Text: HF00556                           Text: HF00558
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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