On the latest episode of The Bank Account, Jonathan and I discuss two business reasons for bankers to be thankful this holiday season, the Senate’s proposed regulatory relief legislation and legislative efforts for tax reform.
The Senate Banking Committee has released the text of proposed legislation providing real regulatory relief to community banks. With ten Republican co-sponsors and nine Democratic co-sponsors, the measure would appear to have better odds than prior regulatory reform actions. That said, no action is expected until sometime in 2018, and we’re still a long way away from adopted legislation. The proposed legislation provides for significant regulatory relief for community banks, including:
- a regulatory “express lane” for community banks with sufficient leverage capital ratios;
- a limited exemption from the brokered deposit restrictions for CDARS and other reciprocal deposits;
- Volcker Rule relief for traditional banks will less than $10 billion in assets;
- an increase in the Small Bank Holding Company Policy Statement threshold from $1 billion to $3 billion; and
- an increase in the threshold for an 18-month exam cycle for healthy institutions from $1 billion to $3 billion.
Without attempting to predict how the tax reform legislation will ultimately end up, we also look at a few key provisions of the proposed house and senate versions of the Tax Cuts and Reforms Act. One item discussed is the potential impact on deferred tax assets, including the likely hit to existing deferred tax asset valuations and the elimination of net operating loss carry-forwards going forward. We also spend a fair amount of time addressing the need for all Subchapter S banks to begin the process of exploring the impact of the prospective reforms, particularly as it relates to the tax treatment for shareholders that are active in the bank’s management. As Sub S elections have to be withdrawn by March 15th to be effective for the whole year, the time to start planning is now!