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Insurance Company Foreign Tax Credit

IRC §841

Domestic insurance companies are allowed a credit for taxes paid to foreign countries or U.S. possessions, applying the principles of the Section 901 foreign tax credit to their specific taxable income definitions.

Eligibility

Domestic insurance companies subject to tax under IRC Section 801 (life) or 831 (non-life) that have paid or accrued foreign income taxes.

Frequently Asked Questions

Who is eligible for the Insurance Company Foreign Tax Credit?

Domestic insurance companies subject to tax under IRC Section 801 (life) or 831 (non-life) that have paid or accrued foreign income taxes.

How does the Insurance Company Foreign Tax Credit work?

Domestic insurance companies are allowed a credit for taxes paid to foreign countries or U.S. possessions, applying the principles of the Section 901 foreign tax credit to their specific taxable income definitions.

What law authorizes the Insurance Company Foreign Tax Credit?

The Insurance Company Foreign Tax Credit is authorized under IRC §841 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §841

Source: Internal Revenue Code, Title 26, United States Code

§ 841. Credit for foreign taxes The taxes imposed by foreign countries or possessions of the United States shall be allowed as a credit against the tax of a domestic insurance company subject to the tax imposed by section 801 or 831, to the extent provided in the case of a domestic corporation in section 901 (relating to foreign tax credit). For purposes of the preceding sentence (and for purposes of applying section 906 with respect to a foreign corporation subject to tax under this subchapter), the term “taxable income” as used in section 904 means—(1) in the case of the tax imposed by section 801, the life insurance company taxable income (as defined in section 801(b)), and (2) in the case of the tax imposed by section 831, the taxable income (as defined in section 832(a)). (Aug. 16, 1954, ch. 736, 68A Stat. 267; Mar. 13, 1956, ch. 83, § 5(4), 70 Stat. 49; Pub. L. 86–69, § 3(b), June 25, 1959, 73 Stat. 139; Pub. L. 87–834, § 8(g)(1), Oct. 16, 1962, 76 Stat. 998; Pub. L. 89–809, title I, § 104(i)(8), Nov. 13, 1966, 80 Stat. 1562; Pub. L. 98–369, div. A, title II, § 211(b)(10), July 18, 1984, 98 Stat. 755; Pub. L. 99–514, title X, § 1024(c)(10), Oct. 22, 1986, 100 Stat. 2407.) Editorial Notes Amendments1986—Pub. L. 99–514 substituted “section 801 or 831” for “section 801, 821, or 831” in introductory provisions, redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “in the case of the tax imposed by section 821(a), the mutual insurance company taxable income (as defined in section 821(b)); and in the case of the tax imposed by section 821(c), the taxable investment income (as defined in section 822(a)), and”. 1984—Pub. L. 98–369 substituted “section 801” for “section 802”, wherever appearing, and “section 801(b)” for “section 802(b)”. 1966—Pub. L. 89–809 substituted “For purposes of the preceding sentence (and for purposes of applying section 906 with respect to a foreign corporation subject to tax under this subchapter), the term ‘taxable income’ as used in section 904” for “For purposes of the preceding sentence, the term ‘taxable income’ as used in section 904”. 1962—Pub. L. 87–834 added par. (2) and redesignated former par. (2) as (3). 1959—Pub. L. 86–69 struck out reference to section 811 of this title in first sentence, and substituted “section 802, the life insurance company taxable income (as defined in section 802(b)), and” for “section 802 or 811, the net investment income (as defined in section 803(c))” in par. (1). 1956—Act Mar. 13, 1956, inserted references to section 811. Statutory Notes and Related Subsidiaries Effective Date of 1986 AmendmentAmendment by Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 1024(e) of Pub. L. 99–514, set out as a note under section 831 of this title.

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