Worldwide Yield Election for Foreign Insurance Companies

§ 842. Foreign companies carrying on insurance business(a) Taxation under this subchapterIf a foreign company carrying on an insurance business within the United States would qualify under part I or II of this subchapter for the taxable year if (without regard to income not effectively connected with the conduct of any trade or business within the United States) it were a domestic corporation, such company shall be taxable under such part on its income effectively connected with its conduct of any trade or business within the United States. With respect to the remainder of its income which is from sources within the United States, such a foreign company shall be taxable as provided in section 881. (b) Minimum effectively connected net investment income(1) In generalIn the case of a foreign company taxable under part I or II of this subchapter for the taxable year, its net investment income for such year which is effectively connected with the conduct of an insurance business within the United States shall be not less than the product of—(A) the required United States assets of such company, and (B) the domestic investment yield applicable to such company for such year. (2) Required U.S. assets(A) In generalFor purposes of paragraph (1), the required United States assets of any foreign company for any taxable year is an amount equal to the product of—(i) the mean of such foreign company’s total insurance liabilities on United States business, and (ii) the domestic asset/liability percentage applicable to such foreign company for such year. (B) Total insurance liabilitiesFor purposes of this paragraph—(i) Companies taxable under part IIn the case of a company taxable under part I, the term “total insurance liabilities” means the sum of the total reserves (as defined in section 816(c)) plus (to the extent not included in total reserves) the items referred to in paragraphs (3), (4), (5), and (6) of section 807(c). (ii) Companies taxable under part IIIn the case of a company taxable under part II, the term “total insurance liabilities” means the sum of unearned premiums and unpaid losses. (C) Domestic asset/liability percentageThe domestic asset/liability percentage applicable for purposes of subparagraph (A)(ii) to any foreign company for any taxable year is a percentage determined by the Secretary on the basis of a ratio—(i) the numerator of which is the mean of the assets of domestic insurance companies taxable under the same part of this subchapter as such foreign company, and (ii) the denominator of which is the mean of the total insurance liabilities of the same companies.