South Dakota Administrative Rules
Title 64 - REVENUE
Article 64:26 - Banks and financial institutions
Chapter 64:26:03 - Income - Interpretive rules
Section 64:26:03:13 - Filing of separate returns of financial institutions
Current through Register Vol. 51, page 43, September 23, 2024
To determine if financial institutions sharing a common parent, such as a bank holding company, shall be required to file separate returns, the secretary shall consider the following factors:
(1) Whether there is a separate charter for each financial institution;
(2) The extent of the flow of goods and services between an institution and its parent;
(3) Whether management oversight by the parent is limited to strategic decisions affecting the operation of all subsidiaries generally, not individual institutions;
(4) Whether there would be distortion of county income through the use of loss deductions incurred by institutions not doing business in the affected county;
(5) The presence or absence of common administrative officers or procedures; or
(6) Whether each institution is conducting business in a manner consistent with separate entities.
General Authority: SDCL 10-43-42.1.
Law Implemented: SDCL 10-43-36.