20 CRR-NY 18-5.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 20. DEPARTMENT OF TAXATION AND FINANCE
CHAPTER I. FRANCHISE AND CERTAIN BUSINESS TAXES
SUBCHAPTER B. FRANCHISE TAX ON BANKING CORPORATIONS
PART 18. COMPUTATION OF TAX
SUBPART 18-5. ALTERNATIVE MINIMUM TAX MEASURED BY TAXABLE ASSETS
20 CRR-NY 18-5.1
20 CRR-NY 18-5.1
18-5.1 Computation of the alternative minimum tax measured by taxable assets.
Tax Law, ยง 1455(b)(1)
(a) The alternative minimum tax measured by taxable assets is the measure of the tax if it is the largest of the alternative minimum bases and the alternative minimum tax is greater than the basic tax. The alternative minimum tax measured by taxable assets is computed at the rate of 0.1 of a mill upon each dollar of taxable assets, or portion thereof allocated to New York State, except in the case of a taxpayer described in subdivision (b), (c) or (d) of this section.
(b) In the case of a taxpayer whose net worth ratio (as defined in section 18-5.3 of this Subpart) is four percent or more but less than five percent and whose total assets are comprised of 33 percent or more of mortgages (as defined in section 18-5.4 of this Subpart), the alternative minimum tax measured by taxable assets is computed at the rate of 0.04 of a mill upon each dollar of taxable assets, or portion thereof allocated to New York State.
(c) In the case of a taxpayer whose net worth ratio (as defined in section 18-5.3 of this Subpart) is less than four percent and whose total assets are comprised of 33 percent or more of mortgages (as defined in section 18-5.4 of this Subpart), the alternative minimum tax measured by taxable assets is computed at the rate of 0.02 of a mill upon each dollar of taxable assets, or portion thereof allocated to New York State.
(d) A taxpayer is not subject to the alternative minimum tax measured by taxable assets for that portion of the taxable year in which it had an outstanding net worth certificate issued to the Federal Savings and Loan Insurance Corporation in accordance with section 406(f)(5) of the Federal National Housing Act, as amended (12 USC 1729[f] [5]), or issued to the Federal Deposit Insurance Corporation in accordance with section 13(i) of the Federal Deposit Insurance Act, as amended (12 USC 1823[i]). A taxpayer will qualify for this exemption whether or not it is a qualified institution as defined in section 406(f)(5)(B) of the Federal National Housing Act, as amended (12 USC 1729[f][5][B]), or as defined in section 13(i)(2) of the Federal Deposit Insurance Act, as amended (12 USC 1823[i][2]).
20 CRR-NY 18-5.1
Current through February 28, 2023
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.