Sec. 13531. Limitation on deduction for FDIC premiums
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Section 162 , as amended by sections 13307, is amended by redesignating subsection
(r)as subsection
(s)and by inserting after subsection
(q)the following new subsection: No deduction shall be allowed for the applicable percentage of any FDIC premium paid or incurred by the taxpayer. Paragraph
(1)shall not apply to any taxpayer for any taxable year if the total consolidated assets of such taxpayer (determined as of the close of such taxable year) do not exceed $10,000,000,000. For purposes of this subsection, the term applicable percentage means, with respect to any taxpayer for any taxable year, the ratio (expressed as a percentage but not greater than 100 percent) which— the excess of— the total consolidated assets of such taxpayer (determined as of the close of such taxable year), over $10,000,000,000, bears to $40,000,000,000. For purposes of this subsection, the term FDIC premium means any assessment imposed under section 7(b) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(b) ). For purposes of this subsection, the term total consolidated assets has the meaning given such term under section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ). Members of an expanded affiliated group shall be treated as a single taxpayer for purposes of applying this subsection. For purposes of this paragraph, the term expanded affiliated group means an affiliated group as defined in section 1504(a), determined— by substituting more than 50 percent for at least 80 percent each place it appears, and without regard to paragraphs
(2)and
(3)of section 1504(b). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this clause). . The amendments made by this section shall apply to taxable years beginning after December 31, 2017.
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