For purposes of section 952(a)(1), the term "insurance income" means any income which-
Such term shall not include any exempt insurance income (as defined in subsection (e)).
For purposes of subsection (a)-
shall be taken into account only to the extent they are in respect of any reinsurance or the issuing of any insurance or annuity contract described in subsection (a)(1).
For purposes only of taking into account related person insurance income-
For purposes of this subsection, the term "related person insurance income" means any insurance income (within the meaning of subsection (a)) attributable to a policy of insurance or reinsurance with respect to which the person (directly or indirectly) insured is a United States shareholder in the foreign corporation or a related person to such a shareholder.
Paragraph (1) shall not apply to any foreign corporation if at all times during the taxable year of such foreign corporation-
is owned (directly or indirectly under the principles of section 883(c)(4)) by persons who are (directly or indirectly) insured under any policy of insurance or reinsurance issued by such corporation or who are related persons to any such person.
Paragraph (1) shall not apply to any foreign corporation for a taxable year of such corporation if the related person insurance income (determined on a gross basis) of such corporation for such taxable year is less than 20 percent of its insurance income (as so determined) for such taxable year determined without regard to those provisions of subsection (a)(1) which limit insurance income to income from countries other than the country in which the corporation was created or organized.
Paragraph (1) shall not apply to any foreign corporation for any taxable year if-
An election under this subparagraph made for any taxable year shall not be effective if the corporation (or any predecessor thereof) was a disqualified corporation for the taxable year for which the election was made or for any prior taxable year beginning after 1986.
Except as provided in subclause (II), any election under subparagraph (C) shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary.
If a foreign corporation which made an election under subparagraph (C) for any taxable year is a disqualified corporation for any subsequent taxable year, such election shall not apply to any taxable year beginning after such subsequent taxable year.
The tax imposed by section 4371 shall not apply with respect to any related person insurance income treated as effectively connected with the conduct of a trade or business within the United States under subparagraph (C).
For purposes of this paragraph the term "disqualified corporation" means, with respect to any taxable year, any foreign corporation which is a controlled foreign corporation for an uninterrupted period of 30 days or more during such taxable year (determined without regard to this subsection) but only if a United States shareholder (determined without regard to this subsection) owns (within the meaning of section 958(a)) stock in such corporation at some time during such taxable year.
In the case of a mutual insurance company-
The pro rata share determined under this paragraph for any United States shareholder is the lesser of-
The Secretary shall prescribe regulations providing for such modifications to the provisions of this subpart as may be necessary or appropriate by reason of subparagraph (A).
For purposes of this subsection-
Except as provided in subparagraph (B), the term "related person" has the meaning given such term by section 954(d)(3).
In the case of any policy of insurance covering liability arising from services performed as a director, officer, or employee of a corporation or as a partner or employee of a partnership, the person performing such services and the entity for which such services are performed shall be treated as related persons.
For purposes of section 1248, if any person is (or would be but for paragraph (3)) treated under paragraph (1) as a United States shareholder with respect to any foreign corporation which would be taxed under subchapter L if it were a domestic corporation and which is (or would be but for paragraph (3)) treated under paragraph (1) as a controlled foreign corporation-
The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-
If-
for purposes of this title, such corporation shall be treated as a domestic corporation.
Except as provided in subparagraph (B), an election under paragraph (1) shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary.
If a corporation which made an election under paragraph (1) for any taxable year fails to meet the requirements of subparagraphs (A), (B), and (C), of paragraph (1) for any subsequent taxable year, such election shall not apply to any taxable year beginning after such subsequent taxable year.
If any corporation treated as a domestic corporation under this subsection is treated as a member of an affiliated group for purposes of chapter 6 (relating to consolidated returns), any loss of such corporation shall be treated as a dual consolidated loss for purposes of section 1503(d) without regard to paragraph (2)(B) thereof.
For purposes of section 367, any foreign corporation making an election under paragraph (1) shall be treated as transferring (as of the 1st day of the 1st taxable year to which such election applies) all of its assets to a domestic corporation in connection with an exchange to which section 354 applies.
Earnings and profits of the foreign corporation accumulated in taxable years beginning before January 1, 1988, shall not be included in the gross income of the persons holding stock in such corporation by reason of subparagraph (A).
For purposes of this title, any distribution made by a corporation to which an election under paragraph (1) applies out of earnings and profits accumulated in taxable years beginning before January 1, 1988, shall be treated as a distribution made by a foreign corporation.
The provisions specified in clause (iv) shall be applied without regard to paragraph (1), except that, in the case of a corporation to which an election under paragraph (1) applies, only earnings and profits accumulated in taxable years beginning before January 1, 1988, shall be taken into account.
The provisions specified in this clause are:
For purposes of section 367, if-
such corporation shall be treated as a domestic corporation transferring (as of the 1st day of such subsequent taxable year) all of its property to a foreign corporation in connection with an exchange to which section 354 applies.
If a corporation makes an election under paragraph (1), the amount of tax imposed by this chapter for the 1st taxable year to which such election applies shall be increased by the amount determined under subparagraph (B).
The amount of tax determined under this paragraph shall be equal to the lesser of-
For purposes of this section-
The term "exempt insurance income" means income derived by a qualifying insurance company which-
Such term shall not include income attributable to the issuing (or reinsuring) of an exempt contract as the result of any arrangement whereby another corporation receives a substantially equal amount of premiums or other consideration in respect of issuing (or reinsuring) a contract which is not an exempt contract.
For purposes of this subsection and section 954(i), the exempt insurance income and exempt contracts of a qualifying insurance company or any qualifying insurance company branch of such company shall be determined separately for such company and each such branch by taking into account-
The term "exempt contract" means an insurance or annuity contract issued or reinsured by a qualifying insurance company or qualifying insurance company branch in connection with property in, liability arising out of activity in, or the lives or health of residents of, a country other than the United States.
No contract of a qualifying insurance company or of a qualifying insurance company branch shall be treated as an exempt contract unless such company or branch derives more than 30 percent of its net written premiums from exempt contracts (determined without regard to this subparagraph)-
The term "applicable home country risks" means risks in connection with property in, liability arising out of activity in, or the lives or health of residents of, the home country of the qualifying insurance company or qualifying insurance company branch, as the case may be, issuing or reinsuring the contract covering the risks.
A contract issued by a qualifying insurance company or qualifying insurance company branch which covers risks other than applicable home country risks (as defined in subparagraph (B)(ii)) shall not be treated as an exempt contract unless such company or branch, as the case may be-
The term "qualifying insurance company" means any controlled foreign corporation which-
except that in the case of a branch, such premiums shall only be taken into account to the extent such premiums are treated as earned by such branch in its home country for purposes of such country's tax laws, and
The term "qualifying insurance company branch" means a qualified business unit (within the meaning of section 989(a)) of a controlled foreign corporation if-
For purposes of this section and section 954, the determination of whether a contract issued by a controlled foreign corporation or a qualified business unit (within the meaning of section 989(a)) is a life insurance contract or an annuity contract shall be made without regard to sections 72(s), 101(f), 817(h), and 7702 if-
For purposes of this subsection, except as provided in regulations-
The term "home country" means, with respect to a controlled foreign corporation, the country in which such corporation is created or organized.
The term "home country" means, with respect to a qualified business unit (as defined in section 989(a)), the country in which the principal office of such unit is located and in which such unit is licensed, authorized, or regulated by the applicable insurance regulatory body to sell insurance, reinsurance, or annuity contracts to persons other than related persons (as defined in section 954(d)(3)) in such country.
For purposes of applying this subsection and section 954(i)-
For purposes of subparagraph (D), the determination of where risks are located shall be made under the principles of section 953.
In determining insurance income for purposes of subsection (c), exempt insurance income shall not include income derived from exempt contracts which cover risks other than applicable home country risks.
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection and section 954(i).
For income exempt from foreign personal holding company income, see section 954(i).
26 U.S.C. § 953
EDITORIAL NOTES
AMENDMENTS2017-Subsec. (b)(1)(A). Pub. L. 115-97, §13512(b)(8), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: "The small life insurance company deduction."Subsec. (b)(1)(B). Pub. L. 115-97, §13512(b)(8), redesignated subpar. (C) as (B). Former subpar. (B) redesignated (A). Pub. L. 115-97, §13511(b)(7), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "Section 805(a)(5) (relating to operations loss deduction)." Subsec. (b)(1)(C). Pub. L. 115-97, §13512(b)(8), redesignated subpar. (C) as (B).Subsec. (c)(1)(C). Pub. L. 115-97, §14212(b)(1)(D), substituted "section 951(a)(1)(A)" for "section 951(a)(1)(A)(i)".Subsec. (d)(4)(B)(iv)(II). Pub. L. 115-97, §14212(b)(3), struck out before period at end "or amounts referred to in clause (ii) or (iii) of section 951(a)(1)(A)". 2015-Subsec. (e)(10), (11). Pub. L. 114-113 redesignated par. (11) as (10) and struck out former par. (10). Prior to amendment, text of par. (10) read as follows: "This subsection and section 954(i) shall apply only to taxable years of a foreign corporation beginning after December 31, 1998, and before January 1, 2015, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends. If this subsection does not apply to a taxable year of a foreign corporation beginning after December 31, 2014 (and taxable years of United States shareholders ending with or within such taxable year), then, notwithstanding the preceding sentence, subsection (a) shall be applied to such taxable years in the same manner as it would if the taxable year of the foreign corporation began in 1998."2014-Subsec. (e)(10). Pub. L. 113-295 substituted "January 1, 2015" for "January 1, 2014" and "December 31, 2014" for "December 31, 2013".2013-Subsec. (e)(10). Pub. L. 112-240 substituted "January 1, 2014" for "January 1, 2012" and "December 31, 2013" for "December 31, 2011". 2010-Subsec. (e)(10). Pub. L. 111-312 substituted "January 1, 2012" for "January 1, 2010" and "December 31, 2011" for "December 31, 2009".2008-Subsec. (e)(10). Pub. L. 110-343 substituted "January 1, 2010" for "January 1, 2009" and "December 31, 2009" for "December 31, 2008".2006-Subsec. (e)(10). Pub. L. 109-222 substituted "January 1, 2009" for "January 1, 2007" and "December 31, 2008" for "December 31, 2006".2002-Subsec. (e)(10). Pub. L. 107-147 substituted "January 1, 2007" for "January 1, 2002" and "December 31, 2006" for "December 31, 2001". 1999-Subsec. (e)(10). Pub. L. 106-170 substituted "taxable years" for "the first taxable year", "January 1, 2002" for "January 1, 2000", and "within which any such" for "within which such", and inserted at end "If this subsection does not apply to a taxable year of a foreign corporation beginning after December 31, 2001 (and taxable years of United States shareholders ending with or within such taxable year), then, notwithstanding the preceding sentence, subsection (a) shall be applied to such taxable years in the same manner as it would if the taxable year of the foreign corporation began in 1998."1998-Subsec. (a). Pub. L. 105-277, §1005(b)(1)(A), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "For purposes of section 952(a)(1), the term 'insurance income' means any income which- "(1) is attributable to the issuing (or reinsuring) of any insurance or annuity contract-"(A) in connection with property in, liability arising out of activity in, or in connection with the lives or health of residents of, a country other than the country under the laws of which the controlled foreign corporation is created or organized, or "(B) in connection with risks not described in subparagraph (A) as the result of any arrangement whereby another corporation receives a substantially equal amount of premiums or other consideration in respect of issuing (or reinsuring) a contract described in subparagraph (A), and "(2) would (subject to the modifications provided by paragraphs (1) and (2) of subsection (b)) be taxed under subchapter L of this chapter if such income were the income of a domestic insurance company." Subsec. (b)(3), (4). Pub. L. 105-277, §1005(b)(3), added par. (3) and redesignated former par. (3) as (4).Subsec. (e). Pub. L. 105-277, §1005(b)(1)(B), added subsec. (e). 1989-Subsec. (d)(3). Pub. L. 101-239 substituted "for purposes of section 1503(d) without regard to paragraph (2)(B) thereof" for "(as defined in section 1503(d))".1988-Subsec. (b)(1). Pub. L. 100-647, §1012(i)(7)(A), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: "A corporation which would, if it were a domestic insurance corporation, be taxable under part II of subchapter L shall apply subsection (a) as if it were taxable under part III of subchapter L."Subsec. (b)(1)(A). Pub. L. 100-647, §1012(i)(7)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: "The special life insurance company deduction and the small life insurance company deduction."Subsec. (b)(2) to (4). Pub. L. 100-647, §1012(i)(7)(A), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out "(other than those taken into account under paragraph (3))" after "and deductions" in par. (3). Former par. (2) redesignated (1).Subsec. (c)(1)(C). Pub. L. 100-647, §1012(i)(2)(A), added subpar. (C).Subsec. (c)(2). Pub. L. 100-647, §1012(i)(3)(A), (4)(B), (5), substituted "insurance income (within the meaning of subsection (a)) attributable" for "insurance income attributable", "with respect to which the person (directly or indirectly) insured is" for "with respect to which the primary insured is", and "related person" for "related person (within the meaning of section 954(d)(3))".Subsec. (c)(3)(A). Pub. L. 100-647, §1012(i)(3)(B), (4)(B), substituted "persons who are (directly or indirectly) insured" for "persons who are the primary insured" and "to any such person" for "(within the meaning of section 954(d)(3)) to any such primary insured".Subsec. (c)(3)(B). Pub. L. 100-647, §1012(i)(8), substituted "related person insurance income (determined on a gross basis)" for "related person insurance income" and "its insurance income (as so determined)" for "its insurance income".Subsec. (c)(3)(C). Pub. L. 100-647, §1012(i)(1)(A), (9), substituted "all benefits (other than with respect to section 884)" for "all benefits" and "granted by the United States under any treaty" for "under any income tax treaty" in cl. (i)(II) and inserted at end "An election under this subparagraph made for any taxable year shall not be effective if the corporation (or any predecessor thereof) was a disqualified corporation for the taxable year for which the election was made or for any prior taxable year beginning after 1986."Subsec. (c)(3)(D)(i). Pub. L. 100-647, §1012(i)(1)(B), substituted "Period during which election in effect" for "Election irrevocable" in heading and amended text generally. Prior to amendment, text read as follows: "Any election under subparagraph (C) shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary."Subsec. (c)(3)(E). Pub. L. 100-647, §1012(i)(1)(C), added subpar. (E). Subsec. (c)(5). Pub. L. 100-647, §1012(i)(2)(B), added par. (5) and redesignated former par. (5) as (6).Subsec. (c)(6). Pub. L. 100-647, §1012(i)(4)(A), added par. (6) and redesignated former par. (6) as (7).Pub. L. 100-647, §1012(i)(2)(B), redesignated former par. (5) as (6).Subsec. (c)(7). Pub. L. 100-647, §1012(i)(21), added par. (7) and struck out former par. (7) "Regulations", which read as follows: "The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including regulations preventing the avoidance of this subsection through cross insurance arrangements or otherwise."Pub. L. 100-647, §1012(i)(4)(A), redesignated former par. (6) as (7). Subsec. (c)(8). Pub. L. 100-647, §1012(i)(21), added par. (8).Subsec. (d). Pub. L. 100-647, §6135(a), added subsec. (d).1986-Pub. L. 99-514, §1221(b)(3)(D), substituted "Insurance income" for "Income from insurance of United States risks" in section catchline.Subsec. (a). Pub. L. 99-514, §1221(b)(1), amended subsec. (a) generally, substituting provisions defining "insurance income" for former provisions defining "income derived from the insurance of United States risks".Subsec. (c). Pub. L. 99-514, §1221(b)(2), added subsec. (c). 1984-Subsec. (a)(2). Pub. L. 98-369, §211(b)(13)(D), substituted "and (2)" for ", (2), and (3)".Subsec. (b)(1). Pub. L. 98-369, §211(b)(13)(A), redesignated par. (2) as (1). Former par. (1), which provided that the application of part I of subchapter L of this chapter, life insurance company taxable income was the gain from operations as defined in section 809(b), was struck out. Subsec. (b)(2). Pub. L. 98-369, §211(b)(13)(B), in amending par. (2) generally, substituted"(A) The special life insurance company deduction and the small life insurance company deduction. "(B) Section 805(a)(5) (relating to operations loss deduction)."(C) Section 832(c)(5) (relating to certain capital losses)." for"(A) Section 809(d)(4) (operations loss deduction)."(B) Section 809(d)(5) (certain nonparticipating contracts)."(C) Section 809(d)(6) (group life, accident, and health insurance)."and struck out"(D) Section 809(d)(10) (small business deduction)."(E) Section 817(b) (gain on property held on December 31, 1958, and certain substituted property acquired after 1958)."(F) Section 832(c)(5) (certain capital losses)."Pub. L. 98-369, §211(b)(13)(A), redesignated par. (3) as (2). Former par. (2) redesignated (1).Subsec. (b)(3). Pub. L. 98-369, §211(b)(13)(A), redesignated par. (4) as (3). Former par. (3) redesignated (2). Subsec. (b)(3)(A). Pub. L. 98-369, §211(b)(13)(C)(i), substituted "section 803(a)(1)" for "section 809(c)(1)".Subsec. (b)(3)(B). Pub. L. 98-369, §211(b)(13)(C)(ii), substituted "section 803(a)(2)" for "section 809(c)(2)".Subsec. (b)(3)(C). Pub. L. 98-369, §211(b)(13)(C)(iii), substituted "section 805(a)(2)" for "section 809(d)(2)".Subsec. (b)(4), (5). Pub. L. 98-369, §211(b)(13)(A), (E), redesignated par. (5) as (4) and substituted "paragraph (3)" for "paragraph (4)". Former par. (4) redesignated (3).1976-Subsec. (b)(5). Pub. L. 94-455 struck out "or his delegate" after "Secretary". 1966-Subsec. (b)(3)(F). Pub. L. 89-809 substituted "832(c)(5)" for "832(b)(5)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2017 AMENDMENT Amendment by section 13511(b)(7) of Pub. L. 115-97 applicable to losses arising in taxable years beginning after Dec. 31, 2017, see section 13511(c) of Pub. L. 115-97, set out as a note under section 381 of this title.Amendment by section 13512(b)(8) of Pub. L. 115-97 applicable to taxable years beginning after Dec. 31, 2017, see section 13512(c) of Pub. L. 115-97, set out as a note under section 453B of this title.Amendment by section 14212(b)(1)(D), (3) of Pub. L. 115-97 applicable to taxable years of foreign corporations beginning after Dec. 31, 2017, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see section 14212(c) of Pub. L. 115-97, set out as a note under section 851 of this title.
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-113, div. Q, title I, §128(c), Dec. 18, 2015, 129 Stat. 3054, provided that: "The amendments made by this section [amending this section and section 954 of this title] shall apply to taxable years of foreign corporations beginning after December 31, 2014, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends."
EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113-295, div. A, title I, §134(c), Dec. 19, 2014, 128 Stat. 4019, provided that: "The amendments made by this section [amending this section and section 954 of this title] shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends."
EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112-240, §322(c), Jan. 2, 2013, 126 Stat. 2332, provided that: "The amendments made by this section [amending this section and section 954 of this title] shall apply to taxable years of foreign corporations beginning after December 31, 2011, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends."
EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111-312, §750(c), Dec. 17, 2010, 124 Stat. 3320, provided that: "The amendments made by this section [amending this section and section 954 of this title] shall apply to taxable years of foreign corporations beginning after December 31, 2009, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends."
EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-147, §614(c), Mar. 9, 2002, 116 Stat. 62, provided that: "The amendments made by this section [amending this section and section 954 of this title] shall apply to taxable years beginning after December 31, 2001."
EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-170, §503(c), Dec. 17, 1999, 113 Stat. 1921, provided that: "The amendments made by this section [amending this section and section 954 of this title] shall apply to taxable years beginning after December 31, 1999."
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such amendment relates, see section 7817 of Pub. L. 101-239, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-647, title I, §1012(i)(3)(C), Nov. 10, 1988, 102 Stat. 3508, provided that: "The amendments made by this paragraph [amending this section] to the extent such amendments add the phrase '(directly or indirectly)' shall apply only to taxable years beginning after December 31, 1987."Amendment by section 1012(i)(1), (2), (4), (5), (7)-(9), (21) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.Pub. L. 100-647, title VI, §6135(b), Nov. 10, 1988, 102 Stat. 3723, provided that: "The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1987."
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-514 applicable to taxable years of foreign corporations beginning after Dec. 31, 1986, except as otherwise provided, see section 1221(g) of Pub. L. 99-514, set out as a note under section 954 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, see section 215 of Pub. L. 98-369, set out as an Effective Date note under section 801 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-809 applicable with respect to taxable years beginning after Dec. 31, 1966, see section 104(n) of Pub. L. 89-809, set out as a note under section 11 of this title.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- United States person
- The term "United States person" means-(A) a citizen or resident of the United States,(B) a domestic partnership,(C) a domestic corporation,(D) any estate (other than a foreign estate, within the meaning of paragraph (31)), and(E) any trust if-(i) a court within the United States is able to exercise primary supervision over the administration of the trust, and(ii) one or more United States persons have the authority to control all substantial decisions of the trust.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- shareholder
- The term "shareholder" includes a member in an association, joint-stock company, or insurance company.
- stock
- The term "stock" includes shares in an association, joint-stock company, or insurance company.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
- trade or business
- The term "trade or business" includes the performance of the functions of a public office.