Interest is not qualifying income if 1) it is earned in the conduct of a financial or insurance business, or 2) determination of the amount received depends in whole or in part on the income or profits of another person (other than amounts based on a fixed percentage of receipts or sales). If interest is dependent only in part on the income or profits of another, only a proportionate amount will be excluded from the term “interest.”
I.R.C. §§7704(d)(2), 856(f)