Section 10-403 - Allocation of interest received by financial institution from subsidiary.
§ 10-403. Allocation of interest received by financial institution from subsidiary.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) (i) "Financial institution" means:
1. a credit company;
2. except as provided in subparagraph (ii) 1 of this paragraph, a finance company;
3. an international banking facility;
4. a loan company;
5. a mortgage company;
6. a safe-deposit company; and
7. 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; or
6. 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) Allocation.- 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.
[2000, ch. 225, § 1.]