
Bank tax laws and regulations can be complex and overwhelming, but understanding them is crucial for individuals and businesses alike.
In the United States, the Bank Holding Company Act of 1956 regulates banks and their holding companies.
Banks are subject to various tax laws, including the Internal Revenue Code, which imposes taxes on bank income.
The Financial Crisis Responsibility Fee, enacted in 2010, required banks to pay a fee on their liabilities to help pay for the Troubled Asset Relief Program.
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Information for
To file your bank tax electronically, you need to add the Bank Franchise Tax Type to your online business account with the Virginia Tax. If you don't have an account, you'll need to enroll, and if your account has expired, you'll need to enroll again.
Banks must be registered with the Virginia Tax before creating an online account.
To make things smoother, here's a quick rundown of the steps:
- Enroll in an online business account if you don't already have one.
- Reactivate your account if it's expired.
- Register your bank with the Virginia Tax if you haven't already.
Returns are due on March 1, but you can take advantage of an automatic extension deadline of May 1 if you need more time.
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Tax Details
Tax Details are crucial when it comes to understanding Bank Tax.
The tax rate on Bank Tax varies depending on the type of account, with a standard rate of 20% applied to most accounts.
For example, a person with a savings account of $10,000 would pay $2,000 in tax.
The tax is usually deducted automatically from the account balance on a quarterly basis.
This means that if you have a joint account with someone, you'll both be responsible for paying the tax.
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Forms and Laws
To file your banking corporation tax, you'll need to submit the NYC-1 Tax Return for Banking Corporations, which can be downloaded along with instructions and a banking corporation tax worksheet.
The NYC-1A Combined Tax Return for Banking Corporations is another form you may need to file, also requiring a banking corporation tax worksheet.
Here are some other forms you might need to file:
- NYC-EXT - Application for Automatic Extension of Time to File Business Income Tax Returns
- NYC-EXT.1 - Application for Additional Extension
- NYC-9.5 - Claim for REAP Credit Applied to Business, General and Banking Corporation Taxes
- NYC-9.7B - UBT Paid Credit Banking Corporation Tax
- NYC-9.8 - Claim for Lower Manhattan Relocation Employment Assistance Program (LMREAP) Credit Applied to Business, General and Banking Corporation Taxes
- NYC-222B - Underpayment of Estimated Tax by Banking Corporations
- NYC-399 - Schedule of New York City Depreciation Adjustments
- NYC-399Z - Depreciation Adjustments for Certain Post 9/10/01 Property
- NYC-579-BCT - Signature Authorization for E-Filed Banking Corporation Tax Return
If you're a South Dakota bank, you can find information on bank franchise taxes and federal tax extensions on the South Dakota government website.
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2024 Corporation Tax Forms

The 2024 corporation tax forms for banking corporations in New York City are due soon. If you're a banking corporation, you'll need to file the NYC-1 - Tax Return for Banking Corporations, which can be downloaded with instructions.
You'll also need to file a worksheet, specifically the Banking Corporation Tax Worksheet, if you're reporting changes or corrections to taxable income or other bases of tax. This worksheet must be attached to amended returns.
The NYC-1A - Combined Tax Return for Banking Corporations is another form you might need to file, especially if you're a combined reporting entity. This form also requires the attachment of a Banking Corporation Tax Worksheet for amended returns.
If you're claiming a REAP Credit or UBT Paid Credit, you'll need to file the NYC-9.5 - Claim for REAP Credit Applied to Business, General and Banking Corporation Taxes or the NYC-9.7B - UBT Paid Credit Banking Corporation Tax, respectively.
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Here are the key corporation tax forms for banking corporations in 2024:
- NYC-1 - Tax Return for Banking Corporations
- NYC-1A - Combined Tax Return for Banking Corporations
- NYC-9.5 - Claim for REAP Credit Applied to Business, General and Banking Corporation Taxes
- NYC-9.7B - UBT Paid Credit Banking Corporation Tax
- NYC-222B - Underpayment of Estimated Tax by Banking Corporations
- NYC-399 - Schedule of New York City Depreciation Adjustments
- NYC-399Z - Depreciation Adjustments for Certain Post 9/10/01 Property
- NYC-579-BCT - Signature Authorization for E-Filed Banking Corporation Tax Return
Franchise Laws
Franchise laws vary by state, and South Dakota banks have specific regulations to follow.
South Dakota banks can find laws and regulations pertaining to the federal tax extensions and bank franchise taxes.
In South Dakota, banks are subject to franchise taxes, which are taxes on the privilege of doing business.
South Dakota banks can find laws and regulations pertaining to the federal tax extensions and bank franchise taxes.
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ABA Position and Responsibilities
The American Bankers Association (ABA) has a clear stance on bank tax, emphasizing the need for a fair and equitable tax system. The ABA advocates for a tax system that doesn't unfairly burden banks, particularly during times of economic uncertainty.
Corporations that are authorized to conduct banking business, including commercial and savings banks, savings and loan associations, and trust companies, are subject to bank tax. This includes bank holding companies included in combined banking corporation tax returns.
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The ABA has been instrumental in shaping tax policies that affect banks, including the provisions related to the Gramm-Leach-Bliley Act of 1999. These provisions require certain banking corporations to be taxed during each of the transition years under the General Corporation Tax or the Banking Corporation Tax applied to that corporation for its immediately preceding taxable year.
Foreign banks use the same alternative tax base as domestic banks, which is taxable assets. Credit card companies with customers having a mailing address in New York City are subject to banking corporation tax, regardless of whether they have a physical location in the City.
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ABA Position
The American Bankers Association (ABA) has a clear position on tax policies that impact the banking industry. They believe in cohesive tax policies that increase economic growth, fairness, and decrease administrative complexity.
The ABA supports treating lenders equally under the tax code, which means eliminating tax preferences for credit unions and the Farm Credit System. This would ensure that similar services offered by different types of lenders are taxed in the same way.
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Banks deploy significant capital to serve their customers and communities, generating book and taxable income subject to tax provisions in each jurisdiction. According to a 2019 EY study, the banking industry has a higher average effective tax rate (ETR) than most other industries in the U.S.
The ABA is strongly opposed to bank-specific taxes, which they believe hurt consumers, disincentivize lending, and hinder economic growth. Bank taxes are considered bad policies that unfairly single out the banking industry.
Financial institutions are major investors in community-based projects, leveraging tax credits to support programs that help consumers, underserved communities, and the economy at large. This includes Low-Income Housing Credits, New Markets Tax Credits, and investments in municipal bonds.
Here are some key ABA positions on tax-related issues:
- Eliminate tax preferences for credit unions and the Farm Credit System
- Oppose bank-specific taxes
- Support treating lenders equally under the tax code
The ABA has also taken a stand on specific tax-related issues, including the Corporate Alternative Minimum Tax and bad debt deductions for regulated financial companies.
Who is Responsible?

In the world of banking, it's essential to understand who's responsible for paying certain taxes. Corporations or associations that are authorized to conduct banking business are required to pay this tax, which includes commercial and savings banks, savings and loan associations, and trust companies.
These entities must also include bank holding companies in their combined banking corporation tax returns. Additionally, corporations owned by a bank or a bank holding company that are principally engaged in a business that a bank might legally conduct or a business closely related to banking are also subject to this tax.
Some specific examples of entities that must pay this tax include commercial banks, savings banks, savings and loan associations, and trust companies. Bank holding companies are also included in this category.
Here's a breakdown of the types of entities that are responsible for paying this tax:
- Corporations or associations that are authorized to conduct banking business;
- Bank holding companies included in combined banking corporation tax returns;
- Corporations owned by a bank or a bank holding company and principally engaged in a business that a bank might legally conduct or a business that is so closely related to banking or managing or controlling banks as to be a proper incident thereto.
Claiming Credits and Exemptions
Some corporations are exempt from banking corporation tax, including trust companies owned by 20 or more New York savings banks, corporations subject to the General Corporation Tax, and Real Estate Mortgage Investment Conduits (REMICs).

Corporations exempt from banking corporation tax also include those subject to tax as insurance companies under Article 33 of the New York State Tax Law, other than savings and insurance banks.
To claim a credit, you'll need to file with the Missouri Department of Revenue, attaching specific forms such as the Federal K-1 and MO-BTC.
Procedures for Claiming Credit
To claim the credit, you'll need to follow some specific procedures. The credit amount is determined by the bank franchise tax, savings and loan association tax, or credit institution tax calculated under Chapter 148, RSMo.
The credit is based on the income of the bank, savings and loan association, or credit institution, and is allocated to the qualifying shareholder according to their stock ownership. This means that the credit is divided among shareholders based on the percentage of stock they own.
To file a claim for the credit, you'll need to attach certain documents to your application. These include a copy of the Federal K-1, which provides information about the shareholder's income, as well as Form Int-2, Form Int-3, or Form 2823, depending on the type of institution.
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Here's a quick rundown of the required documents for each type of institution:
- Banks and bank holding companies: Federal K-1, Form Int-2, and Form MO-BTC.
- Savings and loan associations: Federal K-1, Form Int-3, and Form MO-BTC.
- Credit institutions: Federal K-1, Form 2823, and Form MO-BTC.
By following these procedures and attaching the required documents, you'll be well on your way to claiming the credit you're eligible for.
Exemptions
Exemptions are an essential part of tax law, and understanding who qualifies can save you a lot of time and money.
Trust companies are exempt from banking corporation tax if 20 or more savings banks organized under New York law own all their capital stock.
Corporations subject to the General Corporation Tax are also exempt, which means you'll need to check if your corporation falls under this category.
Real Estate Mortgage Investment Conduits (REMICs) are exempt, but this is a specific type of corporation and not a general rule.
Corporations taxed as insurance companies under Article 33 of the New York State Tax Law, excluding savings and insurance banks, are exempt from banking corporation tax.
Here's a summary of the exemptions mentioned:
- Trust companies with 20 or more savings banks owning their capital stock
- Corporations subject to the General Corporation Tax
- Real Estate Mortgage Investment Conduits (REMICs)
- Corporations taxed as insurance companies under Article 33, excluding savings and insurance banks
Frequently Asked Questions
What is the bank tax in South Carolina?
In South Carolina, banks pay a Corporate Income Tax rate of 4.5% on their taxable income. This tax is reported on the SC1101B Bank Tax return.
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