{"identifier":"/us/usc/t26/s831","title":26,"num":"\u00a7\u202f831.","heading":"Tax on insurance companies other than life insurance companies","text":"\u00a7\u202f831.\nTax on insurance companies other than life insurance companies\n(a)\nGeneral rule\nTaxes computed as provided in section 11 shall be imposed for each taxable year on the taxable income of every insurance company other than a life insurance company.\n(b)\nAlternative tax for certain small companies\n(1)\nIn general\nIn lieu of the tax otherwise applicable under subsection (a), there is hereby imposed for each taxable year on the income of every insurance company to which this subsection applies a tax computed by multiplying the taxable investment income of such company for such taxable year by the rates provided in section 11(b).\n(2)\nCompanies to which this subsection applies\n(A)\nIn general\nThis subsection shall apply to every insurance company other than life if\u2014\n(i) the net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $2,200,000,\n(ii) such company meets the diversification requirements of subparagraph (B), and\n(iii) such company elects the application of this subsection for such taxable year.\nThe election under clause (iii) shall apply to the taxable year for which made and for all subsequent taxable years for which the requirements of clauses (i) and (ii) are met. Such an election, once made, may be revoked only with the consent of the Secretary.\n(B)\nDiversification requirements\n(i)\nIn general\nAn insurance company meets the requirements of this subparagraph if\u2014\n(I) no more than 20 percent of the net written premiums (or, if greater, direct written premiums) of such company for the taxable year is attributable to any one policyholder, or\n(II) such insurance company does not meet the requirement of subclause (I) and no person who holds (directly or indirectly) an interest in such insurance company is a specified holder who holds (directly or indirectly) aggregate interests in such insurance company which constitute a percentage of the entire interests in such insurance company which is more than a de minimis percentage higher than the percentage of interests in the relevant specified assets with respect to such insurance company held (directly or indirectly) by such specified holder.\n(ii)\nAggregation of certain spousal interests\nFor purposes of clause (i)(II), any interest in the insurance company referred to in such clause which is held (directly or indirectly) by an individual who is a spouse of the specified holder, and who is a citizen of the United States, shall be treated as held by the specified holder.\n(iii)\nSpecified holder\nFor purposes of this subparagraph, the term \u201cspecified holder\u201d means, with respect to any insurance company, any individual who holds (directly or indirectly) an interest in such insurance company and who\u2014\n(I) is a lineal descendent (including by adoption) of an individual who holds an interest (directly or indirectly) in the specified assets with respect to such insurance company or of such individual\u2019s spouse,\n(II) is a spouse of any lineal descendent described in subclause (I), or\n(III) is not a citizen of the United States and is a spouse of an individual who holds an interest (directly or indirectly) in the specified assets with respect to such insurance company.\n(iv)\nDefinitions\nFor purposes of this subparagraph\u2014\n(I)\nRelevant specified assets\nThe term \u201crelevant specified assets\u201d means, with respect to any specified holder with respect to any insurance company, the aggregate amount of the specified assets, with respect to such insurance company, any interest in which is held (directly or indirectly) by any spouse or specified relation of such specified holder. Such term shall not include any specified asset solely by reason of an interest in such asset which was acquired by such spouse or specified relation by bequest, devise, or inheritance from a decedent during the taxable year of the insurance company or the preceding taxable year. For purposes of this subclause, the term \u201cspecified relation\u201d means any individual with respect to whom the specified holder bears a relationship described in subclause (I) or (II) of clause (iii).\n(II)\nSpecified assets\nThe term \u201cspecified assets\u201d means, with respect to any insurance company, the trades or businesses, rights, or assets with respect to which the net written premiums (or direct written premiums) of such insurance company are paid.\n(III)\nIndirect interest\nAn indirect interest includes any interest held through a trust, estate, partnership, or corporation.\n(IV)\nDe minimis\nExcept as otherwise provided by the Secretary in regulations or other guidance, 2 percentage points or less shall be treated as de minimis.\n(C)\nControlled group rules\n(i)\nIn general\nFor purposes of this paragraph\u2014\n(I) in determining whether any company is described in clause (i) of subparagraph (A), such company shall be treated as receiving during the taxable year amounts described in such clause (i) which are received during such year by all other companies which are members of the same controlled group as the insurance company for which the determination is being made, and\n(II) in determining the attribution of premiums to any policyholder under subparagraph (B)(i), all policyholders which are related (within the meaning of section 267(b) or 707(b)) or are members of the same controlled group shall be treated as one policyholder.\n(ii)\nControlled group\nFor purposes of clause (i), the term \u201ccontrolled group\u201d means any controlled group of corporations (as defined in section 1563(a)); except that\u2014\n(I) \u201cmore than 50 percent\u201d shall be substituted for \u201cat least 80 percent\u201d each place it appears in section 1563(a), and\n(II) subsections (a)(4) and (b)(2)(D) of section 1563 shall not apply.\n(D)\nLook-through of reinsurance and fronting arrangements\nIn the case of reinsurance or any fronting, intermediary, or similar arrangement, the term \u201cpolicyholder\u201d means each policyholder of the underlying direct written insurance with respect to such reinsurance or arrangement.\n(E)\nInflation adjustment\nIn the case of any taxable year beginning in a calendar year after 2015, the dollar amount set forth in subparagraph (A)(i) shall be increased by an amount equal to\u2014\n(i) such dollar amount, multiplied by\n(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting \u201ccalendar year 2013\u201d for \u201ccalendar year 2016\u201d in subparagraph (A)(ii) thereof.\nIf the amount as adjusted under the preceding sentence is not a multiple of $50,000, such amount shall be rounded to the next lowest multiple of $50,000.\n(3)\nLimitation on use of net operating losses\nFor purposes of this part, a net operating loss (as defined in section 172) shall not be carried\u2014\n(A) to or from any taxable year for which the insurance company is not subject to the tax imposed by subsection (a), or\n(B) to any taxable year if, between the taxable year from which such loss is being carried and such taxable year, there is an intervening taxable year for which the insurance company was not subject to the tax imposed by subsection (a).\n(c)\nInsurance company defined\nFor purposes of this section, the term \u201cinsurance company\u201d has the meaning given to such term by section 816(a).\n(d)\nReporting\nEvery insurance company for which an election is in effect under subsection (b) for any taxable year shall furnish to the Secretary at such time and in such manner as the Secretary shall prescribe such information for such taxable year as the Secretary shall require with respect to the requirements of subsection (b)(2)(A)(ii).\n(e)\nCross references\n(1) For taxation of foreign corporations carrying on an insurance business within the United States, see section 842.\n(2) For exemption from tax for certain insurance companies other than life, see section 501(c)(15).","url":"https://projectusc.org/usc/t26/s831.html","content":[{"t":"sec","id":"/us/usc/t26/s831","children":[{"t":"num","text":"\u00a7\u202f831."},{"t":"heading","text":"Tax on insurance companies other than life insurance companies"},{"t":"subsec","id":"/us/usc/t26/s831/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"General rule"},{"t":"content","children":[{"t":"p","text":"Taxes computed as provided in section 11 shall be imposed for each taxable year on the taxable income of every insurance company other than a life insurance company.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s831/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Alternative tax for certain small companies"},{"t":"para","id":"/us/usc/t26/s831/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In lieu of the tax otherwise applicable under subsection (a), there is hereby imposed for each taxable year on the income of every insurance company to which this subsection applies a tax computed by multiplying the taxable investment income of such company for such taxable year by the rates provided in section 11(b).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s831/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Companies to which this subsection applies"},{"t":"subpara","id":"/us/usc/t26/s831/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"This subsection shall apply to every insurance company other than life if\u2014"},{"t":"clause","id":"/us/usc/t26/s831/b/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $2,200,000,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s831/b/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" such company meets the diversification requirements of subparagraph (B), and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s831/b/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" such company elects the application of this subsection for such taxable year.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"The election under clause (iii) shall apply to the taxable year for which made and for all subsequent taxable years for which the requirements of clauses (i) and (ii) are met. Such an election, once made, may be revoked only with the consent of the Secretary.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s831/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Diversification requirements"},{"t":"clause","id":"/us/usc/t26/s831/b/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"An insurance company meets the requirements of this subparagraph if\u2014"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" no more than 20 percent of the net written premiums (or, if greater, direct written premiums) of such company for the taxable year is attributable to any one policyholder, or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" such insurance company does not meet the requirement of subclause (I) and no person who holds (directly or indirectly) an interest in such insurance company is a specified holder who holds (directly or indirectly) aggregate interests in such insurance company which constitute a percentage of the entire interests in such insurance company which is more than a de minimis percentage higher than the percentage of interests in the relevant specified assets with respect to such insurance company held (directly or indirectly) by such specified holder.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s831/b/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Aggregation of certain spousal interests"},{"t":"content","children":[{"t":"p","text":"For purposes of clause (i)(II), any interest in the insurance company referred to in such clause which is held (directly or indirectly) by an individual who is a spouse of the specified holder, and who is a citizen of the United States, shall be treated as held by the specified holder.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s831/b/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Specified holder"},{"t":"chapeau","text":"For purposes of this subparagraph, the term \u201cspecified holder\u201d means, with respect to any insurance company, any individual who holds (directly or indirectly) an interest in such insurance company and who\u2014"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" is a lineal descendent (including by adoption) of an individual who holds an interest (directly or indirectly) in the specified assets with respect to such insurance company or of such individual\u2019s spouse,","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" is a spouse of any lineal descendent described in subclause (I), or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/iii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" is not a citizen of the United States and is a spouse of an individual who holds an interest (directly or indirectly) in the specified assets with respect to such insurance company.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s831/b/2/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this subparagraph\u2014"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/iv/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"Relevant specified assets"},{"t":"content","children":[{"t":"p","text":"The term \u201crelevant specified assets\u201d means, with respect to any specified holder with respect to any insurance company, the aggregate amount of the specified assets, with respect to such insurance company, any interest in which is held (directly or indirectly) by any spouse or specified relation of such specified holder. Such term shall not include any specified asset solely by reason of an interest in such asset which was acquired by such spouse or specified relation by bequest, devise, or inheritance from a decedent during the taxable year of the insurance company or the preceding taxable year. For purposes of this subclause, the term \u201cspecified relation\u201d means any individual with respect to whom the specified holder bears a relationship described in subclause (I) or (II) of clause (iii).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/iv/II","children":[{"t":"num","text":"(II)"},{"t":"heading","text":"Specified assets"},{"t":"content","children":[{"t":"p","text":"The term \u201cspecified assets\u201d means, with respect to any insurance company, the trades or businesses, rights, or assets with respect to which the net written premiums (or direct written premiums) of such insurance company are paid.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/iv/III","children":[{"t":"num","text":"(III)"},{"t":"heading","text":"Indirect interest"},{"t":"content","children":[{"t":"p","text":"An indirect interest includes any interest held through a trust, estate, partnership, or corporation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/B/iv/IV","children":[{"t":"num","text":"(IV)"},{"t":"heading","text":"De minimis"},{"t":"content","children":[{"t":"p","text":"Except as otherwise provided by the Secretary in regulations or other guidance, 2 percentage points or less shall be treated as de minimis.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s831/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Controlled group rules"},{"t":"clause","id":"/us/usc/t26/s831/b/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For purposes of this paragraph\u2014"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/C/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" in determining whether any company is described in clause (i) of subparagraph (A), such company shall be treated as receiving during the taxable year amounts described in such clause (i) which are received during such year by all other companies which are members of the same controlled group as the insurance company for which the determination is being made, and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/C/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" in determining the attribution of premiums to any policyholder under subparagraph (B)(i), all policyholders which are related (within the meaning of section 267(b) or 707(b)) or are members of the same controlled group shall be treated as one policyholder.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s831/b/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Controlled group"},{"t":"chapeau","text":"For purposes of clause (i), the term \u201ccontrolled group\u201d means any controlled group of corporations (as defined in section 1563(a)); except that\u2014"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" \u201cmore than 50 percent\u201d shall be substituted for \u201cat least 80 percent\u201d each place it appears in section 1563(a), and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s831/b/2/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" subsections (a)(4) and (b)(2)(D) of section 1563 shall not apply.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s831/b/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Look-through of reinsurance and fronting arrangements"},{"t":"content","children":[{"t":"p","text":"In the case of reinsurance or any fronting, intermediary, or similar arrangement, the term \u201cpolicyholder\u201d means each policyholder of the underlying direct written insurance with respect to such reinsurance or arrangement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s831/b/2/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Inflation adjustment"},{"t":"chapeau","text":"In the case of any taxable year beginning in a calendar year after 2015, the dollar amount set forth in subparagraph (A)(i) shall be increased by an amount equal to\u2014"},{"t":"clause","id":"/us/usc/t26/s831/b/2/E/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" such dollar amount, multiplied by","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s831/b/2/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting \u201ccalendar year 2013\u201d for \u201ccalendar year 2016\u201d in subparagraph (A)(ii) thereof.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"If the amount as adjusted under the preceding sentence is not a multiple of $50,000, such amount shall be rounded to the next lowest multiple of $50,000.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s831/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Limitation on use of net operating losses"},{"t":"chapeau","text":"For purposes of this part, a net operating loss (as defined in section 172) shall not be carried\u2014"},{"t":"subpara","id":"/us/usc/t26/s831/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to or from any taxable year for which the insurance company is not subject to the tax imposed by subsection (a), or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s831/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to any taxable year if, between the taxable year from which such loss is being carried and such taxable year, there is an intervening taxable year for which the insurance company was not subject to the tax imposed by subsection (a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s831/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Insurance company defined"},{"t":"content","children":[{"t":"p","text":"For purposes of this section, the term \u201cinsurance company\u201d has the meaning given to such term by section 816(a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s831/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Reporting"},{"t":"content","children":[{"t":"p","text":"Every insurance company for which an election is in effect under subsection (b) for any taxable year shall furnish to the Secretary at such time and in such manner as the Secretary shall prescribe such information for such taxable year as the Secretary shall require with respect to the requirements of subsection (b)(2)(A)(ii).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s831/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Cross references"},{"t":"para","id":"/us/usc/t26/s831/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" For taxation of foreign corporations carrying on an insurance business within the United States, see section 842.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s831/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" For exemption from tax for certain insurance companies other than life, see section 501(c)(15).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}