Neal Introduces Bill to Close Reinsurance Tax Loophole
| Targeted News Service |
Many foreign-based insurance companies are using affiliate reinsurance to shift their U.S. reserves into tax havens overseas, thereby avoiding U.S. tax on their investment income. This provides these companies with a significant unfair competitive advantage over U.S.-based companies, which must pay tax on their investment income. To take advantage of this loophole, several U.S. companies have "inverted" into tax havens and numerous other companies have been formed offshore. And, absent effective legislation, industry experts have predicted that capital migration will continue to grow, stating that "redomestication offshore will be a competitive necessity for many U.S. primary 'specialty' insurers." As we grapple with significant budget challenges in the years to come, it is essential that we not allow the continued migration of capital overseas and erosion of our tax base. Clearly, at a time when we are considering a move to a territorial system with base erosion rules applicable to U.S. companies, we must also have "credible" rules to prevent base erosion by foreign companies doing business in the U.S.
There have been previous attempts to address the tax avoidance problem resulting from reinsurance between related entities.
Since 1996, the amount of reinsurance sent to offshore affiliates has grown dramatically, from a total of
A coalition of 13 of the largest U.S.-based insurance and reinsurance companies has been formed to express their concerns to
But it is not only the harm to our tax base that should concern us. According to a 2010 investigative report in the
That is why I am again filing legislation to end the
Specifically, the proposal I am filing today uses a common-sense approach to combat earnings stripping through the use of affiliate reinsurance. It will effectively defer the deduction for premiums paid to the offshore affiliate until the insured event occurs - thereby restricting any tax benefit from shifting reserves and associated investment income overseas. This is accomplished by denying an upfront deduction for any foreign affiliate reinsurance (if the premium is not subject to U.S. tax) and then excluding from income any reinsurance recovered (as well as any ceding commission received), where the premium deduction for that reinsurance has been disallowed. This "deduction deferral" proposal is similar to one contained in the Administration's budget this year.
The bill allows foreign groups to avoid the deduction disallowance by electing to be subject to U.S. tax with respect to the premiums and net investment income from affiliate reinsurance of U.S. risk. Special rules are provided to allow for foreign tax credits to avoid double taxation. This ensures a level-playing field, treating U.S. insurers and foreign-based insurers alike.
The legislation provides Treasury with the authority to carry out or prevent the avoidance of the provisions of this bill.
A fuller technical explanation of the bill can be found on my website. It is important to note that the bill I am re-introducing today does not impact third party reinsurance, which adds needed capacity to the market. Third party reinsurance is a fundamental business technique for risk management and is to be fostered. Rather, the bill is targeted solely at reinsurance among affiliates, which adds no additional capacity to the market and is often used for tax avoidance. The
Ending this unintended tax subsidy for foreign insurance companies will stop the capital flight at the expense of American taxpayers and restore competitive balance for domestic companies. In explaining the Administration's proposal, the
Closing this loophole does not impose a new tax. It merely ensures that foreign-owned companies pay the same tax as American companies on their earnings from doing business here in
TNS-LE 130525-4364072 StaffFurigay
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