Obama Signs New Tax Act with Small P/C Insurance Company Taxation Changes
DALLAS, Dec. 28, 2015 /PRNewswire/ -- The Protecting Americans from Tax Hikes Act of 2015 ("PATH" or "Act"), which was signed into law by the President on December 18, 2015, has modified Section 831(b) of the Internal Revenue Code, which provides an election for property and casualty insurance companies that receive less than $1.2 million in premiums to recognize only investment income, in lieu of the broader income definition under Section 832.
Effective January 1, 2017, Section 831(b) is amended as follows:
Premium Limits
Premiums allowed under Section 831(b) will increase from $1.2 million to $2.2 million and would be adjusted to inflation for the first time since 1986.
Diversification Requirement
Under the current code section, an insurance company must only have premiums below the threshold and make a timely election to qualify for Section 831(b) treatment. With the new legislation, an insurance company must pass one of two tests to satisfy the legislation's diversification requirement.
The first is that no more than 20% of net written premiums may be attributable to any one policyholder.
The second test, which applies if the insurance company fails the first, is that no family member—either "spouse or lineal descendant (including by adoption)"—of the policyholder's owner may own assets in the captive insurance company in a percentage higher than the family member's ownership in the policyholder.
There is an exception to the second test for de minimis (2%) amounts of ownership percentage difference.
New Reporting Regime
The legislation would require the Internal Revenue Service (IRS) to collect information on the diversification test, which would presumably require the agency to create a separate form for insurance companies using the Section 831(b) election.
Currently, taxpayers use Form 1120-PC, "U.S. Property and Casualty Insurance Company Income Tax Return," to indicate their election under the code section.
About Ryan
Ryan is an award-winning global tax services firm, with the largest indirect and property tax practices in North America and the seventh largest corporate tax practice in the United States. With global headquarters in Dallas, Texas, the Firm provides a comprehensive range of state, local, federal, and international tax advisory and consulting services on a multi-jurisdictional basis, including audit defense, tax recovery, credits and incentives, tax process improvement and automation, tax appeals, tax compliance, and strategic planning. Ryan is a three-time recipient of the International Service Excellence Award from the Customer Service Institute of America (CSIA) for its commitment to world-class client service. Empowered by the dynamic myRyan work environment, which is widely recognized as the most innovative in the tax services industry, Ryan's multi-disciplinary team of more than 2,100 professionals and associates serves over 12,000 clients in more than 40 countries, including many of the world's most prominent Global 5000 companies. More information about Ryan can be found at ryan.com.
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TECHNICAL INFORMATION CONTACT:
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Principal
Ryan
602.955.1792
ken.kotch@ryan.com
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