48-7-29.7. Tax credits for depository financial institutions.

There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Sections 48-6-93 and 48-6-95. If the liability of any such institutions under the taxes authorized by Code Sections 48-6-93 and 48-6-95 exceeds the income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose. If the assets of an institution are acquired by another institution in a transaction described in Section 381(a) of the Internal Revenue Code of 1986, the acquiring institution shall succeed to and take into account any unused credit of the distributor or transferor institution. If a depository financial institution has elected Subchapter ‘S’ status pursuant to the conditions specified in subparagraph (b)(7)(B) of Code Section 48-7-21, the credits authorized by this subsection may be passed through on a pro rata basis to the institution’s shareholders. If the amount of any such pro rata credit exceeds a shareholder’s individual income tax liability, then such unused credit may be credited over a period of three years from the tax year in which the unused credit arose. No such credit shall be allowed the taxpayer against prior years’ tax liability.#

The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section.#

There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose. If the assets of an institution are acquired by another institution in a transaction described in Section 381(a) of the Internal Revenue Code of 1986, the acquiring institution shall succeed to and take into account any unused credit of the distributor or transferor institution. If a depository financial institution has elected Subchapter “S” status pursuant to the conditions specified in subparagraph (b)(7)(B) of Code Section 48-7-21, the credits authorized by this subsection may be passed through on a pro rata basis to the institution’s shareholders. If the amount of any such pro rata credit exceeds a shareholder’s individual income tax liability, then such unused credit may be credited over a period of five years from the tax year in which the unused credit arose. No such credit shall be allowed the taxpayer against prior years’ tax liability.#

The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section.#