H.R. 1 as Economic Policy Part 5 Insurance Company Taxation

H.R. 1 includes an omnibus package of reforms of insurance company taxation, some to reconcile insurance company taxation with the new general for profit corporation tax rates and some to tidy up pending issues in the field.

In general, this package of reforms does not have a major economic impact and tightens up loopholes in the area that were abused in the past, which promotes better tax policy.

All of the provisions increase the amount of tax paid by insurance companies. The estimated dollar impact of these all of these provisions combined from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 40.0

The details are below the fold.

1. Net operating losses of life insurance companies (sec. 810 of the Code)

The provision repeals the operations loss deduction for life insurance companies and allows the NOL deduction under section 172.

This ceases to subject life insurance companies to a special NOL rule.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: Not calculated separately from NOL changes for non-insurance companies.

2. Repeal of small life insurance company deduction (sec. 806 of the Code)

The provision repeals the small life insurance company deduction.

This eliminates favorable tax treatment for certain smalll life insurance companies.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 0.2

3. Adjustment for change in computing reserves (sec. 807 of the Code)

Income or loss resulting from a change in method of computing life insurance company reserves is taken into account consistent with IRS procedures, generally ratably over a four-year period, instead of over a 10-year period.

This is designed to prevent life insurance companies to use accounting tricks to take advantages of short term quirks in interest rates or claim frequencies.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 1.2

4. Repeal of special rule for distributions to shareholders from pre-1984 policyholders surplus account (sec. 815 of the Code)

The provision repeals section 815, the rules imposing income tax on distributions to shareholders from the policyholders surplus account of a stock life insurance company. In the case of any stock life insurance company with an existing policyholders surplus account (as defined in section 815 before its repeal), tax is imposed on the balance of the account as of December 31, 2017. A life insurance company is required to pay tax on the balance of the account ratably over the first eight taxable years beginning after December 31, 2017.

Specifically, the tax imposed on a life insurance company is the tax on the sum of life insurance company taxable income for the taxable year (but not less than zero) plus 1/8 of the balance of the existing policyholders surplus account as of December 31, 2017. Thus, life insurance company losses are not allowed to offset the amount of the policyholders surplus account

balance subject to tax.

The phases out an obsolete, mostly spent technical transition rule from older tax rules.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: Less than 0.05

5. Modification of proration rules for property and casualty insurance companies (sec. 832 of the Code)

The provision replaces the 15-percent reduction under present law with a reduction equal to 5.25 percent divided by the top corporate tax rate. For 2018, the top corporate tax rate is 21 percent, and the percentage reduction is 25 percent. The proration percentage will be automatically adjusted in the future if the top corporate tax rate is changed, so that the product of the proration percentage and the top corporate tax rate always equals 5.25 percent.

This generalizes an existing rule with regard to the new corporate tax rate.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 2.1

6. Modification of discounting rules for property and casualty insurance companies

(sec. 3707 of the House bill and sec. 832 of the Code)

The provision modifies the reserve discounting rules applicable to property and casualty insurance companies. In general, the provision modifies the prescribed interest rate, extends the periods applicable under the loss payment pattern, and repeals the election to use a taxpayer’s historical loss payment pattern.

This cleans up so loopholes in property and casualty insurance accounting rules.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 13.2

8. Repeal of special estimated tax payments (sec. 847 of the Code)

The provision repeals section 847. Thus, the election to apply section 847, the additional deduction, special loss discount account, special estimated tax payment, and refundable amount rules of present law are eliminated.

The entire balance of an existing account is included in income of the taxpayer for the first taxable year beginning after 2017, and the entire amount of existing special estimated tax payments are applied against the amount of additional tax attributable to this inclusion. Any special estimated tax payments in excess of this amount are treated as estimated tax payments under section 6655.

The eliminates special treatment of estimated tax payments for insurance companies leaving them with the general rule.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: Less than 0.05

9. Computation of life insurance tax reserves (sec. 807 of the Code)

This makes comprehensive changes to how life insurance tax reserves are calculated, which impacts a deduction for reserves specific to life insurance companies.

There is no way a non-specialist can determine if this has major economic effect, but it appears to be largely technical.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 15.2

10. Modification of rules for life insurance proration for purposes of determining the

dividends received deduction (sec. 812 of the Code)

The provision modifies the life insurance company proration rule for reducing dividends received deductions and reserve deductions with respect to untaxed income. For purposes of the life insurance proration rule of section 805(a)(4), the company’s share is 70 percent. The policyholder’s share is 30 percent.

This tweaks how the investment income of life insurance companies is handled.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 0.6

11. Capitalization of certain policy acquisition expenses (sec. 848 of the Code)

The provision extends the amortization period for specified policy acquisition expenses from a 120-month period to the 180-month period beginning with the first month in the second half of the taxable year. The provision does not change the special rule providing for 60-month amortization of the first $5 million of specified policy acquisition expenses (with phaseout). The provision provides that for annuity contracts, the percentage is 2.09 percent; for group life insurance contracts, the percentage is 2.45 percent; and for all other specified insurance contracts, the percentage is 9.20 percent.

This forces life insurance company to take expenses involved in purchasing policies from other companies more slowly.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 7.2

12. Tax reporting for life settlement transactions, clarification of tax basis of life insurance contracts, and exception to transfer for valuable consideration rules (secs. 101, 1016, and 6050X of the Code)

The provision imposes reporting requirements in the case of the purchase of an existing life insurance contract in a reportable policy sale and imposes reporting requirements on the payor in the case of the payment of reportable death benefits. The provision sets forth rules for determining the basis of a life insurance or annuity contract. Lastly, the provision modifies the transfer for value rules in a transfer of an interest in a life insurance contract in a reportable policy sale.

The reporting requirement applies to every person who acquires a life insurance contract, or any interest in a life insurance contract, in a reportable policy sale during the taxable year. A reportable policy sale means the acquisition of an interest in a life insurance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured (apart from the acquirer’s interest in the life insurance contract). An indirect acquisition includes the acquisition of an interest in a partnership, trust, or other entity that holds an interest in the life insurance contract.

Under the reporting requirement, the buyer reports information about the purchase to the IRS, to the insurance company that issued the contract, and to the seller. The information reported by the buyer about the purchase is (1) the buyer’s name, address, and taxpayer identification number (“TIN”), (2) the name, address, and TIN of each recipient of payment in the reportable policy sale, (3) the date of the sale, (4) the name of the issuer, and (5) the amount of each payment. The statement the buyer provides to any issuer of a life insurance contract is not required to include the amount of the payment or payments for the purchase of the contract.

On receipt of a report described above, or on any notice of the transfer of a life insurance contract to a foreign person, the issuer is required to report to the IRS and to the seller (1) ) the name, address, and TIN of the seller or the transferor to a foreign person, (2) the basis of the contract (i.e., the investment in the contract within the meaning of section 72(e)(6)), and (3) the policy number of the contract. Notice of the transfer of a life insurance contract to a foreign person is intended to include any sort of notice, including information provided for nontax purposes such as change of address notices for purposes of sending statements or for other purposes, or information relating to loans, premiums, or death benefits with respect to the

contract.

When a reportable death benefit is paid under a life insurance contract, the payor insurance company is required to report information about the payment to the IRS and to the payee. Under this reporting requirement, the payor reports (1) the name, address and TIN of the person making the payment, (2) the name, address, and TIN of each recipient of a payment, (3) the date of each such payment, (4) the gross amount of the payment (5) the payor’s estimate of the buyer’s basis in the contract. A reportable death benefit means an amount paid by reason of the death of the insured under a life insurance contract that has been transferred in a reportable policy sale.

For purposes of these reporting requirements, a payment means the amount of cash and the fair market value of any consideration transferred in a reportable policy sale.

The provision provides that in determining the basis of a life insurance or annuity contract, no adjustment is made for mortality, expense, or other reasonable charges incurred under the contract (known as “cost of insurance”). This reverses the position of the IRS in Revenue Ruling 2009-13 that on sale of a cash value life insurance contract, the insured’s (seller’s) basis is reduced by the cost of insurance.

The provision provides that the exceptions to the transfer for value rules do not apply in the case of a transfer of a life insurance contract, or any interest in a life insurance contract, in a reportable policy sale. Thus, some portion of the death benefit ultimately payable under such a contract may be includable in income.

This closed substantive loopholes and information return reporting loopholes related to buying life insurance policies from people who are expected to die soon.

The estimated dollar impact of these provisions from 2018-2027 on federal revenues (in billions of U.S. dollars) is as follows: 0.2