48-7-29.7
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48-7-29.7.
(a)
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.
(b)
The commissioner shall be authorized to promulgate any rules and regulations
necessary to implement and administer the provisions of this Code section.