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Trades weigh in on BOI data collection, credit union tax exemptions

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Friday, May 3, 2024

Financial trade organizations have their sights trained on several pressing regulatory issues that were not as widely publicized as others but are still critical to their operations. In this roundup, we examine what some of the largest associations representing banks and credit unions have to say about potential rulemaking activities and pending legislative matters that could affect their members’ businesses, detailed below:

ABA urges FinCEN to reconsider BOI reg impacts on banks

As the Treasury’s Financial Crime Enforcement Network (FinCEN) considers renewing its beneficial ownership information (BOI) regulations without changes to existing BOI collection requirements, the American Bankers Association (ABA) wrote to the agency to highlight the need to accurately calculate the burden that collection currently places on financial institutions and to consider portions of the rule that are effective and those that are not. The ABA noted that it supports the agency’s goals related to BOI data collection but urges FinCEN to consider ways to address issues surrounding the customer due diligence rule, including the agency’s tendency to undercount how much time it takes for banks to comply with BOI collection requirements. The letter can be found here.

ACU president advocates preserving credit union tax exemption

America’s Credit Unions President and CEO Jim Nussle urged members of the House Ways and Means Committee to protect credit union’s tax-exempt status in a letter ahead of the committee’s recent hearing with Treasury Secretary Janet Yellen.

“The tax-exempt status afforded credit unions allowed them to reach out to areas banks could not and serve those that banks would not,” Nussle wrote. “By every account, this legislation has been an unparalleled success. Today, credit unions still stick to that basic mission of providing safe, affordable financial services products to Main Street America.”

Nussle pointed out the federal tax exemption, outlined in the Federal Credit Union Act, does not mean credit unions pay no tax, explaining the industry pays approximately $25 billion in annual property, payroll, sales and other taxes. Read his full letter here.

ICBA releases new polling data; meets with CFPB, FDIC heads

Independent Community Bankers of America (ICBA) President and CEO Rebeca Romero Rainey held a fireside chat with Federal Deposit Insurance Corp. (FDIC) Chairman Martin Gruenberg and Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra to discuss regulatory parity, consolidation in the banking industry, community banks’ value proposition and other matters during the 2024 ICBA Capital Summit in Washington, D.C.

The trade group also released new polling data indicating public support for ICBA-supported measures aimed at providing tax relief for lending institutions in rural areas, restricting credit reporting agencies from selling consumers’ contact information when they apply for a residential mortgage and requiring strict data privacy protections for all institutions. Learn more here.

MBA comments on HUD flood risk management final rule

The Mortgage Bankers Association (MBA) President and CEO Bob Broeksmit released a statement expressing concerns over the Department of Housing and Urban Development’s (HUD) Federal Flood Risk Management Standard final rule.

“At a time when housing markets across the country continue to suffer from weakening affordability, supply shortages, and rising property insurance costs, we are disappointed that several aspects of the final rule will slow housing production and ultimately increase costs for homeowners, renters, and builders,” Broeksmit said. “While MBA appreciates the eight-month implementation timeline, we remain deeply concerned that expanding floodplain areas, implementing new elevation requirements for some new single-family and multifamily homes, and requiring higher levels of flood insurance will make FHA financing more expensive and less competitive.”

He further asserted that implementing climate-informed science approach tools with the rule is like “putting the cart before the horse, as the maps are not yet available nationwide,” which he claimed would create inconsistencies and confusion in compliance.

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