Current with changes from the 2024 Legislative Session
Section 10-403 - Allocation of interest received by financial institution from subsidiary(a)(1) In this section the following words have the meanings indicated.(2)(i) "Financial institution" means:2. except as provided in subparagraph (ii)1 of this paragraph, a finance company;3. an international banking facility;6. a safe-deposit company; and7. a savings and loan association.(ii) "Financial institution" does not include:1. a finance company that makes loans only to farmers for agricultural purposes;2. a company licensed under the federal Small Business Investment Act of 1958;3. a corporation that elects to be taxed as a small business corporation under Subchapter S of the Internal Revenue Code;4. an entity that is a real estate mortgage investment conduit as defined in the Internal Revenue Code;5. a limited liability company; or6. a commercial bank, savings bank, trust company, or company that substantially competes with national banks in the State.(3) "Financial institution holding company" means a financial institution whose only activities are: (i) the maintenance and management of intangible investments; and(ii) the collection and distribution of income from intangible investments.(b) Notwithstanding § 10-402 of this subtitle, interest received by a financial institution holding company from one of its subsidiary corporations that is a financial institution shall be allocated to this State only to the extent that the interest is derived from the trade or business of the subsidiary corporation within this State.