Statutes, codes, and regulations
Delaware Administrative Code
Title 5 - BankingTaxation
Election to Be Treated for Tax Purposes as a "Subsidiary Corporation" of a Delaware Chartered Banking Organization or Trust Company, National Bank Having its Principal Office in Delaware, or Out-of-State Bank That Operates a Resulting Branch in Delaware
Section 1101-2.0 - Who May Elect

5 Del. Admin. Code § 1101-2.0

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Current through Register Vol. 28, No. 7, January 1, 2025
Section 1101-2.0 - Who May Elect
2.1 A corporation may make the election only if it meets the following two tests:
2.1.1 Ownership test: Eighty percent (80%) of the total combined voting power of all classes of voting stock of the electing corporation ("Electing Corporation") is owned by an out-of-state bank that operates a resulting branch in Delaware or, directly or indirectly, by a bank holding company ("Qualifying Entity") that also, directly or indirectly, owns all of the stock of a Delaware chartered banking organization or trust company, a national bank located in Delaware or an out-of-state bank that operates a resulting branch in Delaware ("Deemed Parent"). For purposes of determining ownership of the voting power of an Electing Corporation, non-voting stock convertible into voting stock shall be treated as having been so converted.
2.1.2 In order to determine if this test is met, Question 5 on the election form must be completed. In Column A of Question 5, list each class of stock or property right which has voting rights or can be converted into stock with voting rights. In Column B, state the percentage of the Electing Corporation's total voting power of that particular class of stock (assuming full conversion). In Column C, state the percentage of each respective class that the Qualifying Entity owns. If each figure in Column C is at least 80%, then this first test is met and Column D need not be completed. If not, Column D should be calculated by multiplying Column B times Column C. The sum of the figures in Column D must be at least equal to 80%. The ownership test must be met at all times during the taxable year for which the election is made.
2.2 Employment Test: The Electing Corporation, together with its affiliates (defined by 5 Del.C. § 773 (1)), employs by or before the end of the taxable year following the taxable year in which the election was made at least 200 persons in Delaware.

5 Del. Admin. Code § 1101-2.0