(a) In general. For purposes of paragraph (a)(2)(ii) of Sec. 1.593-5, the amount of the addition to the reserve for losses on qualifying real property loans for any taxable year beginning before July 12, 1969, is the amount which the taxpayer determines to constitute a reasonable addition to such reserve for such year. However, the amount so determined for such year:
(1) Cannot exceed the largest of the amounts computed under one of the three methods described in paragraph (b), (c), or (d) of this section (relating, respectively, to the percentage of taxable income method, the percentage of real property loans method, and the experience method),
(2) Cannot exceed the maximum permissible addition described in paragraph (e) of this section (if applicable), and
(3) Shall be determined without regard to any amount charged for any taxable year against the reserve for losses on qualifying real property loans pursuant to Sec. 1.593-10 (relating to certain distributions to shareholders by a domestic building and loan association) For each taxable year the taxpayer must include in its income tax return for such year a computation of the addition under this section. The use of a particular method in the return for a taxable year is not a binding election by the taxpayer to apply such method either for such taxable year or for subsequent taxable years. Thus, in the case of a subsequent adjustment described in paragraph (b)(2) of Sec. 1.593-5 which has the effect of permitting an increase, or requiring a reduction, in the amount claimed in the return for a taxable year as an addition to the reserve for losses on qualifying real property loans, the amount of such addition may be recomputed under whichever method the taxpayer selects for the purposes of such recomputation, irrespective of the method initially applied for such taxable year. However, a taxpayer may not subsequently reduce the amount claimed in the return for a taxable year for the purpose of obtaining a larger deduction in a later year.
(b) Percentage of taxable income method--(1) In general. The amount determined under the percentage of taxable income method for any taxable year is an amount equal to 60 percent of the taxable income for such year, minus the amount determined under Sec. 1.166-4 as a reasonable addition for such year to the reserve for losses on nonqualifying loans. However, the amount determined under such method shall not exceed the amount necessary to increase the balance (as of the close of the taxable year) of the reserve for losses on qualifying real property loans to an amount equal to 6 percent of such loans outstanding at such time.
(1) In general. The amount determined under the percentage of taxable income method for any taxable year is an amount equal to 60 percent of the taxable income for such year, minus the amount determined under Sec. 1.166-4 as a reasonable addition for such year to the reserve for losses on nonqualifying loans. However, the amount determined under such method shall not exceed the amount necessary to increase the balance (as of the close of the taxable year) of the reserve for losses on qualifying real property loans to an amount equal to 6 percent of such loans outstanding at such time.
(2) Taxable income defined. For purposes of this paragraph, taxable income shall be computed:
(i) By excluding from gross income any amount included therein by reason of the application of Sec. 1.593-10 (relating to certain distributions to shareholders by a domestic building and loan association);
(ii) Without regard to any deduction allowable under section 166(c) for an addition to a reserve for bad debts;
(iii) Without regard to any section providing for a deduction the amount of which is dependent upon the amount of taxable income (such as section 170, relating to charitable, etc., contributions and gifts), other than sections 243, 244, and 245 (relating to deductions for dividends received); and
(iv) Without regard to any net operating loss carryback to such year under section 172 In computing the deductions under sections 243, 244, and 245, section 246(b) (relating to limitation on aggregate amount of deduction) shall not apply. For purposes of subdivision (iii) of this subparagraph, a net operating loss deduction under section 172 is not a deduction the amount of which is dependent upon the amount of taxable income.
(c) Percentage of real property loans method--(1) General rule. The amount determined under the percentage of real property loans method for any taxable year is the amount necessary to increase the balance (as of the close of such year) of the reserve for losses on qualifying real property loans to:
(1) General rule. The amount determined under the percentage of real property loans method for any taxable year is the amount necessary to increase the balance (as of the close of such year) of the reserve for losses on qualifying real property loans to:
(i) An amount equal to 3 percent of such loans outstanding at such time, plus
(ii) In the case of a taxpayer described in subparagraph (2) of this paragraph, an amount equal to:
(a) The lesser of 2 percent of such loans outstanding at such time, or $80,000, reduced (but not below zero) by
(b) The balance as of the close of such year, if any, of such taxpayer's supplemental reserve for losses on loans.
(2) Certain new companies. (i) Subparagraph (1)(ii) of this paragraph applies only in the case of a taxpayer which is a new company, and which does not have capital stock with respect to which distributions of property (as defined in section 317(a)) are not allowable as a deduction under section 591.
(i) Subparagraph (1)(ii) of this paragraph applies only in the case of a taxpayer which is a new company, and which does not have capital stock with respect to which distributions of property (as defined in section 317(a)) are not allowable as a deduction under section 591.
(ii) For purposes of this subparagraph, a taxpayer is a new company for any taxable year only if such year begins not more than 10 calendar years after the first day on which such taxpayer, or any predecessor of such taxpayer, was authorized by Federal or State law to do business as (a) a mutual savings bank not having capital stock represented by shares, (b) a domestic building and loan association, (c) a cooperative bank without capital stock organized and operated for mutual purposes and without profit, or (d) any other savings institution chartered and supervised as a savings and loan or similar association under Federal or State law.
(iii) As used in subdivision (ii) of this subparagraph, the term calendar year has the meaning assigned to such term in section 441 (relating to the period for computation of taxable income); and the term predecessor means any organization which transferred more than 50 percent of the total amount of its assets to the taxpayer, and which, prior to the time of such transfer, was (a) authorized by Federal or State law to do business as a mutual savings bank not having capital stock represented by shares, a domestic building and loan association, or a cooperative bank without capital stock organized and operated for mutual purposes and without profit, or (b) any other savings institution chartered and supervised as a savings and loan or similar association under Federal or State law. The term predecessor also means any predecessor of such predecessor.
(d) Experience method. The amount determined under the experience method for any taxable year is the amount determined under Sec. 1.166-4 to be a reasonable addition for such year to the reserve for losses on qualifying real property loans.
(e) Maximum permissible addition where percentage of taxable income method or percentage of real property loans method is applied--(1) 12 percent of deposits limitation. If, for the taxable year, the taxpayer uses either the percentage of taxable income method described in paragraph (b) of this section or the percentage of real property loans method described in paragraph (c) of this section, then (unless subparagraph (2) of this paragraph applies) the maximum permissible addition for such year is equal to the lesser of:
(1) 12 percent of deposits limitation. If, for the taxable year, the taxpayer uses either the percentage of taxable income method described in paragraph (b) of this section or the percentage of real property loans method described in paragraph (c) of this section, then (unless subparagraph (2) of this paragraph applies) the maximum permissible addition for such year is equal to the lesser of:
(i) The amount determined under such paragraph (b) or (c), or
(ii) An amount which, when added to the amount determined under Sec. 1.166-4 as an addition for such year to the reserve for losses on nonqualifying loans, equals the amount by which 12 percent of the total deposits or withdrawable accounts of depositors of the taxpayer at the close of such year exceeds the sum of the taxpayer's surplus, undivided profits, and reserves at the beginning of such year (taking into account any portion thereof which is attributable to the period before the first taxable year beginning after December 31, 1951) For definition of the terms surplus, undivided profits, and reserves and total deposits or withdrawable accounts, see paragraph (f) of this section.
(2) Special rule where a domestic building and loan association or cooperative bank exceeds certain assets limitations. If, for the taxable year, the taxpayer uses either the percentage of taxable income method described in paragraph (b) of this section or the percentage of real property loans method described in paragraph (c) of this section, and if for such year such taxpayer qualifies as a domestic building and loan association under the first sentence of paragraph (19) of section 7701(a) (or as a cooperative bank under paragraph (32) thereof) solely by reason of the application of the second sentence of such paragraph (19) (that is, solely by reason of the fact that for such year more than 36 percent, but not more than 41 percent, of the amount of the total assets of such association or bank consists of assets other than assets described in section 7701(a)(19)(D)(ii)), then the maximum permissible addition for such year is equal to the amount determined under subparagraph (1) of this paragraph, reduced in accordance with the following table: ------------------------------------------------------------------------
If the percentage of the The reduction shall
taxpayer's assets which be the following
are not assets described But does not exceed-- proportion of the
in section Percent amount determined
7701(a)(1()(D)(ii) under such
exceeds--Percent subparagraph (1)--------------------------------------------------------------------------
36 37 \1/12\
37 38 \1/6\
38 39 \1/4\
39 40 \1/3\
40 41 \5/12\------------------------------------------------------------------------
(f) Definitions. For purposes of this section:
(1) Surplus, undivided profits, and reserves. The term surplus, undivided profits, and reserves means the amount by which the total assets of the taxpayer exceed its total liabilities. The determination of such total assets and total liabilities shall conform to the method of accounting employed by the taxpayer in determining taxable income and to the rules applicable in determining its earnings and profits. Total deposits or withdrawable accounts (as defined in subparagraph (3) of this paragraph but determined as of the beginning of the taxable year) shall be considered a liability. In the case of a domestic building and loan association having permanent nonwithdrawable capital stock represented by shares, the paid-in amount of such stock shall also be considered a liability. However, reserves for contingencies and other reserves which are mere appropriations of surplus are not liabilities for purposes of this section.
(2) Total assets. The term total assets means the sum of money (including time or demand deposits with, or withdrawable accounts in, any financial institution), plus the aggregate of the adjusted basis (determined under Sec. 1.1011-1) of the property other than money held by the taxpayer. For special rules with respect to adjustments to basis in the case of property acquired by the taxpayer in a transaction described in section 595(a), see section 595.
(3) Total deposits or withdrawable accounts. The term total deposits or withdrawable amounts means the total of the amounts placed with the taxpayer for deposit or investment. Such term also includes earnings outstanding on the books of account of the taxpayer at the close of the taxable year which have been credited as dividends or interest upon such deposits or withdrawable accounts prior to the close of such taxable year, and which are withdrawable on demand subject only to customary notice of intention to withdraw. In the case of a domestic building and loan association, however, such phrase does not include permanent nonwithdrawable capital stock represented by shares, or earnings credited thereon.
(g) Examples. The provisions of this section may be illustrated by the following examples:
(i) Facts. X is a domestic building and loan association which was organized in 1947 and which makes its returns on the basis of the calendar year and the reserve method of accounting for bad debts. X's accounts contain the following entries: ------------------------------------------------------------------------
Balance as of--
-------------------------
Account Jan. 1, Dec. 31,
1965 1965------------------------------------------------------------------------Total deposits or withdrawable accounts....... $1,000,000 $1,200,000Nonqualifying loans........................... 50,000 60,000Qualifying real property loans................ 900,000 940,000Reserve for losses on nonqualifying loans..... 200 *160Reserve for losses on qualifying real property 24,000 *21,000
loans........................................Supplemental reserve for losses on loans...... 60,800 60,800Surplus, undivided profits, and other reserves 15,000 18,040------------------------------------------------------------------------*Computed before any addition for 1965 under section 166(c). X's taxable income for 1965 (before any deductible addition to a reserve for bad debts and without regard to charitable contributions of $200) is $20,000, computed as follows: Interest and other income.................................... $19,940Dividends received from Y Corporation, a domestic corporation 400
subject to taxation under chapter 1 of the Code.............
----------
20,340Deduction for 85 percent of dividends received computed 340
without regard to the limitation of section 246(b)..........
----------
Taxable income........................................... 20,000
It is assumed that under Sec. 1.166-4 X's addition for 1965 to its reserve for losses on nonqualifying loans is $80.
(ii) Computation of addition to reserve for losses on qualifying real property loans--(a) In general. X determines that the reasonable addition for 1965 to its reserve for losses on qualifying real property loans is $11,920. Such amount, compared under the percentage of taxable income method, is the largest of the amounts determined under (b), (c), and (d) of this subdivision, and does not exceed the 12 percent of deposits limitation computed under (e) of this subdivision.
(b) Percentage of taxable income method. The amount determined under the percentage of taxable income method is $11,920, that is, 60 percent of the taxable income for 1965, or $12,000 (60 percent of $20,000), minus $80, the addition for such year to the reserve for losses on nonqualifying loans. This amount is not subject to reduction under the 6 percent of qualifying real property loans limitation described in paragraph (b) (1) of this section since the addition of $11,920 to the $21,000 balance of the reserve for losses on qualifying real property loans at the close of 1965 will not increase such balance to an amount in excess of $56,400, that is, 6 percent of such loans of $940,000 outstanding at such time.
(c) Percentage of real property loans method. Since X is not a new company within the meaning of paragraph (c) (2) of this section, the amount determined under the percentage of real property loans method is $7,200, that is, the amount necessary to increase the balance of the reserve for losses on qualifying real property loans at the close of 1965 from $21,000 to an amount equal to 3 percent of such loans outstanding at such time, or $28,200 (3 percent of $940,000).
(d) Experience method. The amount determined under the experience method is zero since it is assumed that the $21,000 balance of the reserve for losses on qualifying real property loans at the close of 1965 before any addition for such year exceeds the maximum amount to which such reserve could be increased under such method.
(e) 12 percent of deposits limitation. The amount determined under the 12 percent of deposits limitation is $43,920, that is, $44,000 (the excess of 12 percent of $1,200,000 of deposits at the close of 1965, or $144,000, over the $100,000 of surplus, undivided profits, and reserves at the beginning of such year), minus $80, the addition for such year to the reserve for losses on nonqualifying loans. Since such $43,920 is greater than $11,920 (the amount determined under (b) of this subdivision), the 12 percent of deposits limitation does not apply for 1965.
(iii) Computation of taxable income for 1965. X's taxable income for 1965, after deducting the additions for such year to its reserves for losses on nonqualifying loans and on qualifying real property loans, after deducting the charitable contributions which were not taken into account in computing taxable income for purposes of the addition to the reserve for losses on qualifying real property loans, after including in taxable income dividends received from Y Corporation, and after taking into account the deduction for dividends received under section 243 (subject to the limitation in section 246(b)), is $7,800, computed as follows: Interest and other income......................... $19,940Dividends received from Y Corporation............. 400
-----------
......... $20,340Less:
Deduction for charitable contributions.......... 200
85 percent of dividends received from Y 340
Corporation....................................
Additions to reserves for bad debts............. 12,000
-----------
......... 12,540
----------Taxable income.................................... ......... 7,800
Example 2. Assume the same facts as in example 1, except that X Corporation was organized in 1957, and qualifies for the taxable year 1965 as a new company within the meaning of paragraph (c) (2) of this section. The maximum permissible addition for 1965 to X's reserve for losses on qualifying real property loans is $18,000, the amount computed under the percentage of real property loans method, since such amount is greater than (i) $11,920, the amount computed under the percentage of taxable income method, or (ii) zero, the amount computed under the experience method. The $18,000 amount (as computed under the percentage of real property loans method) is the amount necessary to increase the reserve for losses on qualifying real property loans from the $21,000 closing balance to $39,000, computed as follows: 3 percent of $940,000 of qualifying real property loans at $28,200
close of 1965...............................................Plus:
Lesser of $80,000 or $18,800 (2 percent of such $18,800
loans of $940,000).............................
Reduced by the balance of supplemental reserve 8,000
for losses on loans............................
-----------
$10,800
----------
......... 39,000
Example 3. Assume the same facts as in example 1, except that for 1965, 38.4 percent of X's total assets consist of assets other than the assets described in section 7701(a)(19)(D)(ii). In such case, the maximum permissible addition of $11,920 for such year to the reserve for losses on qualifying real property loans (as determined under subdivision (ii) of example 1) would be reduced by $2,980 (\1/4\ of $11,920) to $8,940. [T.D. 6728, 29 FR 5857, May 5, 1964, as amended by T.D. 549, 43 FR 21455, May 18, 1978] Sec. 1.593-6A Post-1969 addition to reserve for losses on qualifyingreal property loans.
(a) In general--(1) Amount of addition determined for the taxable year. For purposes of paragraph (a)(1)(ii) of Sec. 1.593-5, the amount of the addition to the reserve for losses on qualifying real property loans for any taxable year beginning after July 11, 1969, is the amount which the taxpayer determines to constitute a reasonable addition to such reserve for such year. However, the amount so determined for such year:
(1) Amount of addition determined for the taxable year. For purposes of paragraph (a)(1)(ii) of Sec. 1.593-5, the amount of the addition to the reserve for losses on qualifying real property loans for any taxable year beginning after July 11, 1969, is the amount which the taxpayer determines to constitute a reasonable addition to such reserve for such year. However, the amount so determined for such year:
(i) Cannot exceed the largest of the amount determined under section 593 (b) (2), (3), or (4) (relating, respectively, to the percentage of taxable income method, the percentage method, and the experience method), and
(ii) Shall be determined without regard to any amount charged for any taxable year against the reserve for losses on qualifying real property loans pursuant to Sec. 1.593-10 (relating to certain distributions to shareholders by a domestic building and loan association). For each taxable year the taxpayer must include in its income tax return for such year a computation of the amount of the addition determined under this section. The use of a particular method in the return for a taxable year is not a binding election by the taxpayer to apply such method either for such taxable year or for subsequent taxable years. Thus, in the case of a subsequent adjustment described in paragraph (b)(2) of Sec. 1.593-5 which has the effect of permitting an increase, or requiring a reduction, in the amount claimed in the return for a taxable year as an addition to the reserve for losses on qualifying real property loans, the amount of such addition may be recomputed under whichever method the taxpayer selects for the purpose of such recomputation, irrespective of the method initially applied for such taxable year.
(2) Method of determination. For purposes of this section and Sec. 1.596-1 (relating to limitation on dividends received deduction), a thrift institution is deemed to have determined the addition to its reserve for losses on qualifying real property loans for the taxable year under the percentage of taxable income method provided by section 593(b)(2) and paragraph (b) of this section if the amount finally determined to be a reasonable addition for such year to such reserve exceeds the amount determined for such year under section 593(b)(3) (relating to the percentage method) and exceeds the amount determined for such year under section 593(b)(4) (relating to the experience method).
(b) Percentage of taxable income method--(1) In general. Subject to the limitations described in subparagraph (4) of this paragraph and in paragraph (e) of this section, the amount determined under section 593(b)(2) and this paragraph for the taxable year, if such section and paragraph are applicable, is an amount equal to the applicable percentage of the taxable income for such year, reduced by the amount determined under subparagraph (3) of this paragraph. For this purpose, taxable income is computed as provided in subparagraph (5) of this paragraph, and the applicable percentage (except as reduced under subparagraph (2) of this paragraph) is determined under the following table: ------------------------------------------------------------------------
The applicable percentage
For a taxable year beginning in-- under this subparagraph is--------------------------------------------------------------------------1969...................................... 60 percent.1970...................................... 57 percent.1971...................................... 54 percent.1972...................................... 51 percent.1973...................................... 49 percent.1974...................................... 47 percent.1975...................................... 45 percent.1976...................................... 43 percent.
1977...................................... 42 percent.1978...................................... 41 percent.1979 or thereafter........................ 40 percent.------------------------------------------------------------------------
(2) Reduction of applicable percentage in certain cases--(i) General rules. If for the taxable year the percentage of the assets of a thrift institution, which are assets described in section 7701(a)(19)(C) (relating to assets of a domestic building and loan association) is less than:
(a) 82 percent of the total assets in the case of a thrift institution other than a mutual savings bank, the applicable percentage for such year provided by subparagraph (1) of this paragraph is reduced by three-fourths of 1 percentage point for each 1 percentage point of such difference; or
(b) 72 percent of the total assets in the case of a thrift institution which is a mutual savings bank, the applicable percentage for such year provided by subparagraph (1) of this paragraph is reduced by 1\1/2\ percentage points for each 1 percentage point of such difference. If such percentage is less than 60 percent of the total assets in the case of any thrift institution (less than 50 percent of the total assets for a taxable year beginning before 1973 in the case of a thrift institution which is a mutual savings bank), section 593(b)(2) and this paragraph are not applicable. The percentage of total assets specified in this subparagraph is computed as of the close of the taxable year or, at the option of the taxpayer, may be computed on the basis of the average assets outstanding during the taxable year. Such average is determined by computing such percentage either as of the close of each month, as of the close of each quarter, or as of the close of each semiannual period during the taxable year and by using the yearly average of the monthly, quarterly, or semiannual percentages. A thrift institution which is a mutual savings bankand which determines the amount of the reasonable addition for the taxable year to the reserve for losses on qualifying real property loans under this paragraph shall file for such taxable year a statement which shall show the amount of assets defined in paragraph (e) of Sec. 402.1-2 (Temporary Regulations on Procedure and Administration under Tax Reform Act of 1969) as of the close of the taxable year and a brief description and the amount of all other assets, together with a description of the method used in determining such amounts. If the percentage specified in this subparagraph is computed by such thrift institution on the basis of the average assets outstanding during the taxable year, the statement shall also show such information as of the end of each month, each quarter, or each semiannual period and the manner of calculating the average.
(ii) Example. The provisions of this subparagraph may be illustrated by the following example:
Example. M is a cooperative bank to which section 593 applies. For its taxable year beginning in 1970, 80.4 percent of M's assets (computed as of the close of such year) constitute assets described in section 7701(a)(19)(C). M's assets which are assets described in section 7701(a)(19)(C), when computed on semiannual, quarterly, and monthly bases, constitute 79.8, 79.6, and 79.5 percent, respectively, of its total assets computed on the corresponding bases. M's applicable percentage for 1970 is 56.25 percent, determined as follows:
Percent
Percentage of total assets specified in (a) of subdivision (i) 82.0
of this subparagraph..........................................Percentage of total assets constituting assets described in 80.4
section 7701(a)(19)(C)........................................
Difference................................................. 1.6Applicable percentage determined under table in subparagraph 57.0
(1) of this paragraph.........................................Reduction of applicable percentage required by (a) of .75
subdivision (i) of this subparagraph (\3/4\ of 1 percentage
point for each full percentage point of difference)...........
Applicable percentage...................................... 56.25
(3) Reduction for addition to reserve for nonqualifying loans--(i) General rule. Subparagraph (1) of this paragraph provides that, subject to certain limitations, the amount determined under the percentage of taxable income method provided by section 593(b)(2) and this paragraph for the taxable year is an amount equal to the applicable percentage of the taxable income for such year, reduced by the amount determined under this subparagraph. In the case of a thrift institution other than a mutual savings bank, the amount determined under this subparagraph is an amount equal to the amount determined under paragraph (a)(1)(i) of Sec. 1.593-5 to be a reasonable addition for the taxable year to the reserve for losses on nonqualifying loans multiplied by a fraction:
(a) The numerator of which is 18 percent, and
(b) The denominator of which is the percentage (in no case less than 18 percent) of the assets of the taxpayer for such year which are not assets defined in paragraph (e) of Sec. 402.1-2 of this chapter. In the case of a thrift institution which is a mutual savings bank, the amount determined under this subparagraph is an amount determined in the manner described in the preceding sentence, except that the numerator of the fraction described therein is 28 percent, and the denominator of such fraction shall not be less than 28 percent. For purposes of this subparagraph, the percentage of assets for a taxable year which are not assets defined in paragraph (e) of Sec. 402.1-2 of this chapter is determined upon the same annual or average basis as is used in determining the percentage specified in subparagraph (2) of this paragraph.
(ii) Examples. The provisions of this subparagraph may be illustrated by the following examples:
Example 1. K is a domestic building and loan association to which section 593 applies. The amount determined under subparagraph (1) of this paragraph (before reduction by the amount determined under this subparagraph) to be the reasonable addition for the taxable year to K's reserve for losses on qualifying real property loans is $100,000. The amount determined under paragraph (a)(1)(i) of Sec. 1.593-5 as the reasonable addition for the taxable year to the association's reserve for losses on nonqualifying loans is $10,000. The percentage of K's assets which are not assets defined in paragraph (e) of Sec. 402.1-2 is 24 percent. The amount determined under subparagraph (1) of this paragraph ($100,000) must be reduced by $7,500. $10,000x18 percent/24 percent. Therefore, subject to the limitations described in subparagraph (4) of this paragraph and in paragraph (e) of this section, the amount determined under this paragraph to be the reasonable addition for the taxable year to K's reserve for losses on qualifying real property loans is $92,500 ($100,000 less $7,500).
Example 2. The facts are the same as in example 1, except that the percentage of K's assets which are not assets defined in paragraph (e) of Sec. 402.1-2 is 12 percent. The amount determined under subparagraph (1) of this paragraph (before reduction by the amount determined under this subparagraph) to be the reasonable addition for the taxable year to K's reserve for losses on qualifying real property loans must be reduced by $10,000. $10,000x18 percent/18 percent. Because the denominator of the fraction may not be less than 18 percent, the fraction used in determining the amount of such reduction is equal to 1.
(4) Overall limitation. The amount determined under this paragraph shall not exceed the amount necessary to increase the balance (as of the close of the taxable year) of the reserve for losses on qualifying real property loans to 6 percent of such loans outstanding at such time.
(5) Computation of taxable income. For purposes of this paragraph, taxable income is computed:
(i) By excluding from gross income any amount included therein by reason of the application of section 593(e) and Sec. 1.593-10 (relating to certain distributions to shareholders by a domestic building and loan association).
(ii) Without regard to any deduction allowable under section 166(c) (whether or not determined under section 593) and the regulations thereunder for an addition to a reserve for bad debts.
(iii) (a) By excluding from gross income an amount equal to the excess (if any) or (1) the total gains of the taxable year arising from sales and exchanges at a gain of (i) obligations the interest on which is excludable from gross income under section 103, and (ii) corporate stock, over (2) the total losses of such year arising from sales and exchanges at a loss of such obligations and stock.
(b) The provisions of this subdivision (iii) may be illustrated by the following example:
Example. For its taxable year beginning in 1971, the gains and losses of a domestic building and loan association from sales of stock and securities (all of which were made on December 31, 1971) were as follows: ------------------------------------------------------------------------
Gain Loss------------------------------------------------------------------------Municipal bonds acquired July 1, 1969, the $25,000 .........
interest on which is excludable from income under
sec. 103.........................................Stock of Corporation A, acquired July 14, 1971.... ......... $6,000Stock of Corporation B, acquired Dec. 22, 1970.... $3,000 .........------------------------------------------------------------------------
For purposes of this paragraph, the association's taxable income for 1971 is computed by excluding $22,000 ($25,000+$3,000-$6,000) from its gross income.
(iv) By excluding from gross income an amount equal to the lesser of (a) three-eighths of the net long-term capital gain for the taxable year or (b) three-eighths of the net long-term capital gain for the taxable year from the sale or exchange of property other than property described in subdivision (iii) of this subparagraph.
(v)(a) By excluding from gross income so much of the amount of dividends with respect to which a deduction is allowable under part VIII, subchapter B, chapter 1, subtitle A of theCode (section 241 and following) as is in excess of the applicable percentage (determined under subparagraphs (1) and (2) of this paragraph) of the dividends received deduction (determined under part VIII, subchapter B, chapter 1, subtitle A of the Code, without regard to section 596) for the taxable year.
(b) The provisions of this subdivision (v) may be illustrated by the following example:
Example. For its taxable year beginning in 1977, a domestic building and loan association receives dividends of $100 with respect to which a dividends received deduction of $85 is allowable under section 243(a)(1). The association receives no other dividends for the taxable year. The association's applicable percentage for the taxable year, as determined under subparagraphs (1) and (2) of this paragraph, is 42 percent. For purposes of this paragraph, the association's taxable income is computed by excluding from gross income the excess of the amount of dividends received ($100) over the applicable percentage of the allowable dividends received deduction (42 percent of $85, or $35.70), computed without regard to section 596. Thus, for purposes of this paragraph, $64.30 ($100 less $35.70) is excluded from gross income. See section 596 and Sec. 1.596-1 with respect to the computation of the dividends received deduction for purposes of determining taxable income under section 63(a).
(vi) For taxable years beginning before January 1, 1978, without regard to any deduction the amount of which is computed upon, or may be subject to a limitation computed upon, the amount of taxable income, and without regard to any net operating loss carryback to such year from a taxable year beginning before January 1, 1979. (For purposes of this subparagraph, a net operating loss deduction under section 172 is not a deduction the amount of which may be subject to a limitation computed upon the amount of taxable income.)
(vii) For taxable years beginning after December 31, 1977, by taking into account any deduction the amount of which is computed upon or may be subject to a limitation computed upon the amount of taxable income, and any other deduction or loss allowed under subtitle A of the Code, such as any deduction allowable under section 172 or any loss allowable under section 1212 (a), unless otherwise provided in this subparagraph.
(c) Percentage method. [Reserved]
(d) Experience method. [Reserved]
(e) Percentage of deposits limitation where percentage of taxable income method or percentage method is applied. If the amount determined by the taxpayer to constitute a reasonable addition for the taxable year to the reserve for losses on qualifying real property loans is greater than the amount determined under paragraph (d) of this section (relating to the experience method), the amount so determined cannot exceed an amount which, when added to the amount determined under paragraph (a)(1)(i) of Sec. 1.593-5 to be a reasonable addition for such year to the reserve for losses on nonqualifying loans, equals the amount by which 12 percent of the total deposits or withdrawable accounts of depositors of the taxpayer at the close of such year exceeds the sum of the taxpayer's surplus, undivided profits, and reserves at the beginning of such year (taking into account any portion thereof which is attributable to the period before the first taxable year beginning after December 31, 1951. The terms surplus, undivided profit, and reserves and total deposits or withdrawable accounts have the same meanings as are assigned to them in paragraph (f) of Sec. 1.593.6. [T.D. 549, 43 FR 21455, May 18, 1978, as amended by T.D. 7626, 44 FR 31177, May 31, 1979]