§ 15-07 Bad Debt Deduction of the IBF.
RCNY § 15-07
(§ 11-641(f)(3), Administrative Code) (a) In computing direct expenses pursuant to 19 RCNY § 15-05, supra, the IBF of a taxpayer must compute its bad debt deduction by using the same method the taxpayer used for Federal income tax purposes. A taxpayer which uses the direct charge-off method to compute its bad debt deduction for Federal income tax purposes, in accordance with subsection (a) of Section 166 of the Internal Revenue Code, will have as its IBF bad debt deduction the aggregate of those specific bad debts of the IBF from loans which produce eligible gross income (hereinafter "IBF loans") which were included in the bad debt deduction for Federal income tax purposes. A bank which maintains a reserve for losses on loans for Federal income tax purposes, in accordance with Section 585 of the Internal Revenue Code, must compute its IBF bad debt deduction and its maximum addition to the reserve balance for losses on loans for purposes of this section by using the same reserve method it used for Federal income tax purposes, that is, either the experience method or the percentage method. When computing the maximum addition to the reserve balance for losses on loans, only the amount of IBF loans that were included in the computation for Federal income tax purposes may be used in the computation for purposes of this section. If the actual bad debt deduction taken for Federal income tax purposes is less than the allowable maximum addition for Federal income tax purposes, the bad debt deduction for purposes of this section is limited to the IBF maximum addition to the reserve balance multiplied by a fraction, the numerator of which is the actual bad debt deduction taken for Federal income tax purposes and the denominator of which is the Federal maximum addition to the reserve balance.
(b)When loans are transferred to the IBF, the taxpayer should transfer to the IBF the portion of the reserve for bad debts maintained by the taxpayer in accordance with the Internal Revenue Code with respect to such loans transferred to the IBF. The portion is transferred as of the date such loans are transferred.
