§ 6-5.5-1-17 — "Taxpayer"

Indiana § 6-5.5-1-17

• Jurisdiction: Indiana
• Art. 5.5: TAXATION OF FINANCIAL INSTITUTIONS
• Ch. 1: Definitions

Text

(a) "Taxpayer" means a corporation that is
transacting the business of a financial institution in Indiana, including
any of the following:
(1) A holding company.
(2) A regulated financial corporation.
(3) A subsidiary of a holding company or regulated financial
corporation.
(4) Any other corporation organized under the laws of the United
States, this state, another taxing jurisdiction, or a foreign
government that is carrying on the business of a financial
institution.
(b) As used in this section, "holding company" means a corporation
registered under the Bank Holding Company Act of 1956 (12 U.S.C.
1841 through 1849), as in effect on December 31, 1990, or registered
as a savings and loan holding company other than a diversified savings
and loan holding company (as defined in Section 10(a)(F) of the Home
Owners' Loan Act of 1933 (12 U.S.C. 1467a(1)(F)), as in effect on
December 31, 1990).
(c) As used in this section, "regulated financial corporation" means:
(1) an institution, the deposits, shares, or accounts of which are
insured under the Federal Deposit Insurance Act (12 U.S.C. 1811
through 1833e), as in effect on December 31, 1990;
(2) an institution that is a member of a Federal Home Loan Bank;
(3) any other bank or thrift institution incorporated or organized
under the laws of a state that is engaged in the business of
receiving deposits;
(4) a credit union incorporated and organized under the laws of
this state;
(5) a production credit association organized under 12 U.S.C.
2071, as in effect on December 31, 1990;
(6) a corporation organized under 12 U.S.C. 611 through 631 (an
Edge Act corporation), as in effect on December 31, 1990;
(7) a federal or state agency or branch of a foreign bank (as
defined in 12 U.S.C. 3101, as in effect on December 31, 1990); or
(8) a trust company formed under IC 28-12.
(d) For purposes of this section and when used in this article,
"business of a financial institution" means the following:
(1) For a holding company, a regulated financial corporation, or
a subsidiary of either, the activities that each is authorized to
perform under federal or state law, including the activities
authorized by regulation or order of the Federal Reserve Board for
such a subsidiary under Section 4(c)(8) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(c)(8)), as in effect on
December 31, 1990.
(2) For any other corporation described in subsection (a)(4), all of
the corporation's business activities if eighty percent (80%) or
more of the corporation's gross income, excluding extraordinary
income, is derived from one (1) or more of the following
activities:
(A) Making, acquiring, selling, or servicing loans or extensions
of credit. For the purpose of this subdivision, loans and
extensions of credit include:
(i) secured or unsecured consumer loans;
(ii) installment obligations;
(iii) mortgage or other secured loans on real estate or tangible
personal property;
(iv) credit card loans;
(v) secured and unsecured commercial loans of any type;
(vi) letters of credit and acceptance of drafts;
(vii) loans arising in factoring; and
(viii) any other transactions with a comparable economic
effect.
(B) Leasing or acting as an agent, broker, or advisor in
connection with leasing real and personal property that is the
economic equivalent of the extension of credit if the transaction
is not treated as a lease for federal income tax purposes.
(C) Operating a credit card, debit card, charge card, or similar
business.
As used in this subdivision, "gross income" includes income from
interest, fees, penalties, a market discount or other type of
discount, rental income, the gain on a sale of intangible or other
property evidencing a loan or extension of credit, and dividends
or other income received as a means of furthering the activities
set out in this subdivision.

Legislative History

As added by P.L.347-1989(ss), SEC.1. Amended by P.L.21-1990, SEC.18; P.L.8-1991, SEC.4; P.L.68-1991, SEC.3; P.L.1-1992, SEC.18; P.L.119-1998, SEC.14.