§ 5836. Franchise tax on financial institutions
(a) A tax is imposed for each calendar month or part thereof upon the franchise or privilege
of doing business in this State of every corporation that is a financial institution
as defined in 8 V.S.A. § 11101(32) that has a business location in this State; provided, however, that a merchant bank
organized under 8 V.S.A. § 12603 and an uninsured bank organized under 8 V.S.A. § 12604 shall not be considered to be financial institutions for purposes of the tax imposed
by this section.
(b) The tax imposed by this section for each taxable month shall be equal to 0.000096
of the average monthly deposit for such taxable month held in Vermont by the corporation.
As used in this section, the word “deposit” shall have the same meaning as the word
“deposit” as defined in 12 C.F.R. § 204.2(a)(1). The average monthly deposit for any taxable month shall be determined by the deposits
held in Vermont by the corporation on the last business day of each of the 12 months
directly preceding the taxable month for which the average monthly deposit is to be
determined. The 12 deposits for the preceding 12 months shall be added together and
divided by 12 to produce the average monthly deposit for the taxable month in question.
In the event a corporation has not been doing business for 12 consecutive months prior
to any taxable month for which an average monthly deposit is to be determined, the
average monthly deposit for such taxable months shall be based upon the number of
months (less than 12) that the bank has been doing business prior to the taxable month
in question.
(c) The tax imposed by this section shall be paid monthly to the Commissioner on or before
the 25th day of each month for the tax due in the previous month.
(d), (e) [Repealed.]
(f) To the extent they are not explicitly in conflict with the provisions of this section,
the provisions of subchapters 6, 7, 8, and 9 of this chapter shall apply to the tax
imposed by this section.
(g) A corporation that is subject to the tax imposed by this section shall not be subject
to the tax imposed by section 5832 of this title.
(h) When a taxpayer, under this section, transfers all or a portion of its business assets
to another corporation that is or will be subject to tax under this section, the transferee
corporation shall include, and the transferor shall not include, in the computation
of “average monthly deposit” for purposes of subsection (b) of this section, the transferred
deposits that were held by the transferor corporation during the 12 months directly
preceding the transfer.
(i) An independent trust company established pursuant to 8 V.S.A. chapter 77 is not a financial institution within the meaning of this section.
(j) The Vermont Higher Education Savings Plan shall not be subject to the tax imposed
by this section. (Added 1967, No. 157, § 1; amended 1969, No. 144, § 11, eff. June 1, 1969; 1973, No. 270 (Adj. Sess.), § 2, eff. date, see note set out below; 1983, No. 144 (Adj. Sess.), § 5, eff. April 12, 1984; 1991, No. 32, § 29, eff. May 18, 1991; 1995, No. 29, § 29, eff. April 14, 1995; 1995, No. 169 (Adj. Sess.), § 16, eff. May 15, 1996; 1997, No. 60, § 75; 1997, No. 79 (Adj. Sess.), § 3; 1997, No. 98 (Adj. Sess.), § 8d, eff. April 16, 1998; 1999, No. 153 (Adj. Sess.), § 33, eff. Jan. 1, 2001; 2003, No. 152 (Adj. Sess.), § 6, eff. June 7, 2004; 2015, No. 134 (Adj. Sess.), § 37, eff. Jan. 1, 2017.)