- (a) The term agency means a branch.
- (b) The term deposit means an IBF time deposit as defined in section 204.8(a)(2) of the Federal Reserve System's regulations (12 CFR 204.8[a] [2]).
- (c) The term domestic, when applied to a corporation or partnership, means a corporation or partnership created or organized in the United States or under the laws of the United States or of any state.
- (d) The term domestic branch means any branch located in the United States.
- (e) The term foreign when applied to a corporation or partnership means a corporation or partnership which is not domestic.
- (f) The term foreign branch means any branch located outside the United States.
(g) The term foreign person means:
- (1) a nonresident individual;
- (2) a foreign corporation, a foreign partnership or a foreign trust, other than a domestic branch thereof;
- (3) a foreign branch of a domestic corporation;
- (4) a foreign branch of the taxpayer;
- (5) a foreign government or an international organization or an agency of either; or
- (6) another international banking facility located within or without New York State.
- (h) The term foreign trust means a trust, the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income for Federal income tax purposes.
- (i) The term ineligible gross income means gross income (including gross income from interoffice transactions) of the IBF that is other than eligible gross income.
- (j) The term international organization means an organization as defined in section 7701(a)(18) of the Internal Revenue Code, an organization as described in section 217.126 of the Federal Reserve System's regulations (12 CFR 217.126) and the World Bank.
- (k) The term loan means any loan, whether the transaction is represented by a promissory note, security, acknowledgment of advance, due bill, repurchase agreement or any other form of credit transaction, if the related asset is recorded in the financial accounts of the IBF.
- (l) The term nonresident individual means an individual who resides principally outside the United States at the time of the transaction.
- (m) The term resident individual means an individual who resides principally within the United States at the time of the transaction.
- (n) The term United States means the 50 states and the District of Columbia.
Tax Law, § 1453(f)
As used in this Subpart, the following terms have these meanings: