IRS gives relief to policyholders

Article Abstract:

The Internal Revenue Service will give tax-free treatment to taxpayers who cancel a life insurance policy or an annuity issued by a troubled insurance company and buy a policy or annuity with another company. Troubled insurance companies are required to pay the new policy issuer the cash value to be distributed and the residual value of the contract. The IRS has ruled that such exchanges of annuity contracts will not create a taxable gain for the taxpayer if the old company is a troubled insurer subject to a state proceeding of insolvency, rehabilitation, or conservatorship.

author: Cuddy, Michael J., Cartwright, Steven R., Stavris, James S., Jr.
Insurance agents, brokers, & service, Taxation, Life insurance, Annuities

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IRS issues DAC regulations

Article Abstract:

The proposed regulations on capitalization of deferred acquisition costs issued by the Internal Revenue Service contain little that was not expected by the insurance industry. The rules are similar to those in the 1990 Tax Act. A point of concern, however, has developed in the definition of 'association groups.' Also at issue is the reinsurance provision requiring proof that there is no capitalization shortfall. The legal impact of the rules should be considered.

author: Cuddy, Michael J., Olds, Stephen S.
Reinsurance

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Deficiency reserve not allowed for nonlife SPDAs

Article Abstract:

The Internal Revenue Service (IRS) has decreed that only life insurance reserves for single-premium deposit administration contracts can have deficiency reserves. A deficiency results when an insurer charges a premium that is less than the net valuation for that class of policy and is negated by establishing a reserve to compensate for the amount. The permitted reserve is now equal to the interest compiled at the guaranteed rate up to the valuation date.

author: Meyer, Charles R., Cuddy, Michael J.
Column, Single-premium life insurance, Single premium life insurance

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subjects list: Laws, regulations and rules, Insurance industry, United States. Internal Revenue Service
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