HB451

ENROLLED, An Act,

Relating to financial institution excise tax; to amend Section 40-16-4, Code of Alabama 1975; to eliminate the requirement that the allocation and apportionment formula prescribed by the Department of Revenue for financial institutions be substantially the same as the allocation and apportionment formula recommended by the Multistate Tax Commission.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 40-16-4, Code of Alabama 1975, is amended to read as follows:

§40-16-4.

"(a)(1) Every such financial institution engaging in any of the following businesses: "(i) Banking; "(ii) Conducting the business of a financial institution as defined in this chapter; "(iii) Conducting a credit card business through the issuance of credit cards to Alabama residents or businesses; or

"(iv) Conducting a business employing moneyed capital coming into competition with the business of national banks

shall pay to the state annually for each taxable year an excise tax measured by its net income allocated and apportioned for the taxable year at the rate of six and one-half percent of the net income.

"(2) For purposes of the excise tax imposed by this chapter, any financial institution which has income from business activity that is taxable both within and without this state shall allocate and apportion its net income as provided in regulations which shall be prescribed by the Department of Revenue and which shall be substantially the same as the allocation and apportionment formula for financial institutions recommended from time to time by the Multistate Tax Commission, provided that such regulations shall not conflict with any provision of this chapter. The Department of Revenue shall proceed expeditiously to adopt such regulations after the foregoing provisions of this subsection shall become law. Until such regulations are adopted and effective, the apportionment formula for financial institutions recommended by the Multistate Tax Commission shall be used to the extent not inconsistent with the provisions hereof.

"(3) The amount of the excise tax shall not be in excess of any limit fixed thereon by any present or future federal statute relating to the taxation of national banks by this state. Under no circumstances will any dividends paid from a financial institution to the common parent corporation of a controlled group of corporations, as defined in Section 40-16-3, be subject to excise tax.

"(b) The excise tax provided in this chapter shall be reported in the form to be prescribed by the Department of Revenue. The amount shown to be due by the taxpayer's return shall constitute and create a prima facie liability for the amount on which taxes shall be paid. Where the Department of Revenue determines that the amount due is different from that shown by the taxpayer's return or where no return is filed, the department may determine the correct amount due pursuant to the procedures set forth in Chapter 2A of this title."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Financial Institutions

Excise Tax

Revenue Department

Taxation

Code Amended