Final rules implementing the Basel III international capital accord were adopted in July 2013, following extensive advocacy by banks, state bankers associations and every state banking regulator. The grassroots input helped to shape the final rules to ease the burden on banks, particularly community banks.
Action Alert! ABA is urging Subchapter S banks to write to federal regulators asking them to remedy a capital conservation buffer provision in the Basel III capital standards that would force S bank shareholders to pay taxes on undistributed income. ABA has posted a sample letter to help banks make the case for correcting this provision, which puts S Corps at a disadvantage to C Corps. Send a letter now
ABA believes additional adjustments to the final Basel III rules are needed to ensure the regulations work for banks of all sizes and do not impede economic growth. For example, ABA has advocated changes that would allow S corporation banks whose capital levels are not above the new required capital buffers to make limited distributions to shareholders in order to pay taxes due on the banks’ earnings.