Taxation

  Insurance Risk Definition HT

"Insurance Risk" Defined by IRS

Internal Revenue Service ruling specifies types of coverage that do not qualify as insurance risk for determining tax-deductibility of premiums paid to a captive insurer.
March 07, 2016 Read More
  Tax Key

831(b) Captive Insurance Legislation Recently Passed: What Happens Next?

Because changes in recently approved legislation amending section 831(b) of the Internal Revenue Code (IRC) do not take effect until 2017, those who the changes affect "have time to get comfortable with the changes and can relax a little," according to Fred Turner, American Bar Association (ABA) Business Law Section Captive Insurance Committee vice-chair and founder of Active Captive Management.
December 23, 2015 Read More
  Internal Revenue Service

Anticipating an IRS 831(b) Captive Tax Audit

Two recent captive insurance educational opportunities collectively provided participants with some excellent insights on best practices for captives formed for risk management purposes that seek 831(b) tax status and how the Internal Revenue Service (IRS) is attacking what it believes is abusive use of an 831(b) tax structure.
November 18, 2015 Read More
  Kitchen Sink

Captive-Related IRS Analysis: Everything but the Kitchen Sink

On August 14, 2015, the Internal Revenue Service (IRS) released Chief Counsel Advice (CCA) 201533011, in which the IRS determined that the excess loss insurance contracts at issue do not qualify as insurance for US federal income tax purposes. The CCA is the latest indication of the IRS's position on the ongoing issue of what is insurance and continues the IRS's reliance on the common sense insurance prong of the test for insurance to bolster its conclusions on the other prongs of the test.
August 26, 2015 Read More
  Tax Key

Captive Insurance Tax Clarification Bill Topic of Video

A new A.M.BestTV video program takes a closer look at Senate Bill 1561, the Captive Insurers Clarification Act, which was recently introduced by Sen. Patrick Leahy (D-VT) and Sen. Lindsey Graham (R-SC) and is intended to clarify whether independent procurement taxes on insurance purchased from a captive must be paid to the insurer’s home state and to the captive’s domicile.
June 30, 2015 Read More
  Signing Forms

Deadline Imminent for Response to Commerce Department Survey

June 26, 2015 Read More
  US Capital Dome

The Captive Clarification Act Reintroduced in US Senate

S.B. 1561, the Captive Insurers Clarification Act, was introduced by Vermont Senator Patrick Leahy and Senator Lindsey Graham and referred to the Senate Banking, Housing and Urban Affairs Committee.
June 25, 2015 Read More
  American Courtroom Interior

Validus Court Holds FET Not Applicable to Foreign Reinsurance

Validus holding that federal excise tax (FET) does not apply to foreign reinsurance transactions is affirmed by the U.S. Court of Appeals for the District of Columbia Circuit.
May 27, 2015 Read More
  Tax Key

Federal Reinsurance Tax Proposal Opposition Expressed

The Laffer Center, the Tax Foundation, and the Captive Insurance Companies Association (CICA) have expressed their opposition to a budget proposal that would eliminate the deduction for reinsurance premiums paid to foreign affiliates by U.S.-based, foreign-owned companies.
May 20, 2015 Read More
  Tax Rule Book

CICA Objects to IRS Proposed Definition of “Active Conduct”

The Captive Insurance Companies Association (CICA) has submitted a response to the Internal Revenue Service (IRS) regarding RIN 1545-BM69 – Exception from Passive Income for Certain Foreign Companies. The response objects to the proposed definition of “active conduct” and requests a public hearing.
May 12, 2015 Read More
  Currency Relationships

IRS Says Currency Fluctuation Cover Is Not Insurance for Tax Purposes

The Internal Revenue Service has concluded in CCA 201511021 that currency fluctuation covers are not insurance for tax purposes.
April 06, 2015 Read More
  Tax Court Decision

Healthmark Case Changes Brother-Sister Captive Tax Treatment

Captive insurance involving single-member limited liability companies may now qualify as insurance for tax purposes due to a recent decision in the Healthmark case.
April 06, 2015 Read More
  2015 CICA Entrance

Why Captives Should Care about OECD Actions Topic of CICA Panel

How captives are affected by the Organization for Economic Cooperation and Development (OECD) and G-20 efforts to eradicate base erosion and profit shifting (BEPS) by multinational corporations was the topic of a panel discussion at the Captive Insurance Companies Association (CICA) 2015 International Conference, held March 8-10 in Orlando.
March 11, 2015 Read More
  Ron Walling

Captives Are a Legitimate Tax Structure—Are They Dirty?

Whether captive insurers are making 831(b) elections as "dirty" as the Internal Revenue Service (IRS) thinks is the issue Robert J. Walling III, principal at Pinnacle Actuarial Resources, Inc., addressed in a recent blog post. It is reprinted here with permission.
February 18, 2015 Read More
  IRS Building

IRS Dirty Dozen Abusive Tax Structures Single Out Micro-Captives

In IR-2015-19, the IRS explained that 831(b) micro-captives may be considered abusive tax structures and outlined determining criteria.
February 06, 2015 Read More
  IRS Logo

NY Times Reports on Life Insurer Tax Avoidance through Use of Captives

The New York Times has reported that life insurers are …”taking advantage of fierce competition for their business among states, which have passed special laws that allow the companies to pull cash away from reserves they are required to keep to pay claims.”
December 15, 2014 Read More
  Gavel on Top of Legal Books

U.S. Tax Court: Securitas a Bona Fide Captive Insurance Arrangement

U.S. companies are entitled to premium and interest expense deductions if a captive is created for business purposes, an opinion of the U.S. Tax Court has determined.
October 30, 2014 Read More
  logooecd_en

CICA Webinar Looks at Base Erosion and Profit Shifting (BEPS)

The Organization for Economic Cooperation and Development (OECD) plan for tax base erosion and profit shifting is already affecting corporations, even though implementing the recommendations will be challenging, according to the speakers at last week’s Captive Insurance Companies Association (CICA) seminar on transfer pricing.
October 21, 2014 Read More
  OECD Flag-SF

Base Erosion and Profit Shifting by Multi-national Corporations (BEPS)

The Organization for Economic Cooperation and Development's (OECD) and G20 are working to eradicate base erosion and profit shifting (BEPS) by multinational corporations. This will undoubtedly impact offshore captive domiciles.
September 30, 2014 Read More
  IRS Logo

Captives Land on IRS Priority Guidance Plan for 2014–2015

On August 26, 2014, the Internal Revenue Service issued its Priority Guidance Plan (PGP) for 2014–2015. The list reflects 317 projects the IRS designates as priorities for the allocation of resources during the designated period, although generally not all items are completed during the designated period.
September 25, 2014 Read More