Florida Regulatory Agency Supplements Comments on Proposed Bank Information Reporting Regs
Florida Regulatory Agency Supplements Comments on Proposed Bank Information Reporting Regs
- AuthorsCardwell, J. Thomas
- Institutional AuthorsFlorida Office of Financial Regulation
- Cross-Reference
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2011-10240
- Tax Analysts Electronic Citation2011 TNT 93-16
May 9, 2011
Internal Revenue Service
CC:PA:LDP:PR
Room 5203
PO Box 7604
Ben Franklin Station
Washington, DC 20044
RE: SUPPLEMENTAL MATERIAL
Notice of Proposed Rulemaking 146097-09
(76 Fed. Reg. 1105 (January 7, 2011)
Dear Sir or Madam:
The Office of Financial Regulation would like to supplement its comments to the Notice of Proposed Rulemaking 146097.
SURVEY
The Office of Financial Regulation has conducted a survey of NRA deposits in South Florida. There are 32 state chartered banks and 22 foreign banks or banking corporations in that area over which OFR has regulatory responsibility. The survey reflects data from 16 of the state chartered banks and 21 of the 22 foreign entities.
As reflected in the tables below there are $14.2 billion dollars in NRA deposits in Florida regulated institutions.
With respect to the 16 Florida chartered commercial banks surveyed, 41% of their total deposits were in NRA deposits.
% Total NRA
Institution Total NRA Total Deposits Deposits to
Name Deposits (including NRA's) Total Deposits
_____________________________________________________________________
Bank 1 $734,738 $802,233 91.59%
Bank 2 $230,508 $347,871 66.26%
Bank 3 $63,467 $169,694 37.40%
Bank 4 $46,489 $476,988 9.75%
Bank 5 $413,260 $463,634 89.13%
Bank 6 $13,933 $91,591 15.21%
Bank 7 $100,337 $219,331 45.75%
Bank 8 $646,043 $700,190 92.27%
Bank 9 $329,253 $455,750 72.24%
Bank 10 $1,605,665 $3,412,205 47.06%
Bank 11 $26,471 $79,272 33.39%
Bank 12 $41,233 $132,563 31.10%
Bank 13 $45,185 $1,352,921 3.34%
Bank 14 $174,228 $1,279,015 13.62%
Bank 15 $67,004 $140,857 47.57%
Bank 16 $195,665 $1,444,091 13.55%
TOTAL $4,733,479 $11,568,206 40.92%
With respect to the 21 Florida regulated foreign institutions surveyed, 90% of their total deposits NRA deposits.
% Total NRA
Institution Total NRA Total Deposits Deposits to
Name Deposits (including NRA's) Total Deposits
_____________________________________________________________________
Bank 1 $131,855 $152,753 86.32%
Bank 2 $2,802,193 $2,802,193 100.00%
Bank 3 $297,733 $294,292 101.17%
Bank 4 $1,315,665 $1,440,756 91.32%
Bank 5 $1,100,000 $1,097,055 100.27%
Bank 6 $885 $11,375 7.78%
Bank 7 $205,634 $205,655 99.99%
Bank 8 $90,747 $134,615 67.41%
Bank 9 $598,090 $598,434 99.94%
Bank 10 $414,465 $423,107 97.96%
Bank 11 $167,333 $587,599 28.48%
Bank 12 $385,368 $391,103 98.53%
Bank 13 $35,079 $130,773 26.82%
Bank 14 $17,774 $25,661 69.26%
Bank 15 $30,505 $97,870 31.17%
Bank 16 $197,516 $200,076 98.72%
Bank 17 $291,946 $292,363 99.86%
Bank 18 $514,610 $514,914 99.94%
Bank 19 $698,791 $698,922 99.98%
Bank 20 $208,785 $219,045 95.32%
Bank 21 $6,453 $6,906 93.44%
TOTAL $9,811,427 $10,325,467 89.91%
It should be noted that these figures do not include NRA deposits in nationally chartered banks or federally regulated foreign institutions or in banks chartered in other states that are operating in Florida. While we do not have hard figures, it is probable that NRA funds in these other institutions substantially exceed those in Florida regulated entities.
EFFECT ON LIQUIDITY
Banks do not keep their deposits in their vaults. They lend the money to borrowers. A typical loan to deposit ratio is 85%. The loans are illiquid. Borrowers do not have to return the money other than on the stated terms.
A deposit runoff of 15% could place an institution in jeopardy. There would not be cash available to pay off depositors. When this happens the bank fails.
Eleven (11) of the sixteen (16) surveyed banks in South Florida have over 30% NRA deposits. A loss in a short period of time of even half of those deposits would put those institutions at risk of failure.
NUMBER OF AFFECTED
LEVEL OF NRA DEPOSITS SOUTH FLORIDA BANKS
_____________________________________________________________________
NRA Deposits Comprise Over 80% of Total Deposits 3
NRA Deposits Comprise Over 47% of Total Deposits 7
NRA Deposits Comprise Over 30% of Total Deposits 11
The 22 foreign entities are less at risk for complete failure. However given their high percentage of NRA deposits (14 over 90%, 17 over 67%) it is unlikely there would be any reason for them to continue to do business in Florida. There would thus be a Florida failure in the sense the institution would be gone from Florida's economic landscape.
NUMBER OF
FLORIDA REGULATED
LEVEL OF NRA DEPOSITS FOREIGN ENTITIES
_____________________________________________________________________
NRA Deposits Comprise Over 90% of Total Deposits 14
NRA Deposits Comprise Over 67% of Total Deposits 17
NRA Deposits Comprise Over 27% of Total Deposits 19
EFFECT ON LENDING
The domestic banks we regulate are primarily community banks. These are the backbone of small business lending. The foreign institutions also lend their deposits to Florida borrowers. They also lend those deposits to individuals and businesses in foreign countries to enable them to do business here. Examples are loans to buy property in Florida or to finance trade transactions with U.S. based businesses.
It is estimated that every dollar in deposits generates nine (9) dollars in lending. The table below shows the impact of deposit loss on lending capacity.
EXISTING RELATIONSHIP:
$14.2 Billion in NRA Deposits Support $127.8 Billion in Lending
_____________________________________________________________________
Estimated Decrease in
South Florida Lending
% Decrease in NRA Deposits (Billions)
_____________________________________________________________________
20% $ (25.56)
30% $ (38.34)
40% $ (51.12)
50% $ (63.90)
60% $ (76.68)
Florida's economy is fragile. As of the end of 2010 19.4% of Florida residential mortgages were 90 days or more past due. 47% were under water.
DISPROPORTIONATE IMPACT
Some believe that the ratio of NRA deposits to total deposits nationally is such that the proposed rule will have no significant impact. However it is the nature of NRA deposits that they are concentrated in geographic areas. There are real institutions that are placed at risk by this proposed regulation. An identifiable geographic part of the economy will be adversely affected.
CONCLUSION
As drafted the proposed rule creates a substantial risk of harm. I would hope that further careful thought would be given to how that harm can be avoided. I would hope that the goal of international tax transparency sought by the IRS could be achieved without the collateral damage that I fear will result under the present proposal.
J. Thomas Cardwell
Florida Office of Financial
Regulation
Tallahassee, FL
- AuthorsCardwell, J. Thomas
- Institutional AuthorsFlorida Office of Financial Regulation
- Cross-Reference
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2011-10240
- Tax Analysts Electronic Citation2011 TNT 93-16