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United States · Law · HR

H.R. 11997 (94th)

Bank Holding Company Tax Act of 1976

openUnited States· United States Congress· EN

Introduced

19 February 1976

Last action

Status

Public law 94-452.

Sponsors

Subjects

Discovery layer

Source updated

1 August 2024

Summary

Bank Holding Company Tax Act - Allows bank holding companies, under the Internal Revenue Code, to make pro rata distributions of prohibited property without the surrender of stock by the shareholder or in exchange for preferred stock or securities without the shareholder or security holder recognizing any gain on the receipt of such prohibited property. Requires the Board of Governors of the Federal Reserve System to certify such prohibited property as an interest in a nonbanking organization. Allows a bank holding company to first create a second corporation to receive such prohibited property and then to distribute stock in such second corporation without the stockholder or security holder recognizing any gain on the receipt of such property. Allows a bank holding company to distribute all or a part of the property by reason of which such corporation controls a bank or bank holding company without the shareholder or security holder recognizing any gain on the receipt of such property. Allows a bank holding company to exchange the property by reason of which it is a bank holding company for all of the stock of a second corporation created to receive such property and then to distribute the stock in such second corporation without the stockholder or security holder recognizing any gain on the receipt of such property. Disallows the use of such provisions as a device to avoid Federal income tax on the distribution of earnings and profits of any corporation. Establishes rules for the allocation of basis and earnings and profits following such a distribution of property or stock. Defines the terms used in this Act. Prohibits the application of such nonrecognition provisions to any property acquired by the distributing corporation after July 7, 1976, unless such property was received in a nontaxable transaction. Authorizes the installment payment of tax attributable to the divestiture of, instead of the distribution of, prohibited property or bank property. Makes technical and conforming amendments.

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3 official files

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