U.S. Code » Title 26 » Subtitle Subtitle A— Income Taxes › Chapter CHAPTER 1— NORMAL TAXES AND SURTAXES › Subchapter Subchapter L— Insurance Companies › Part PART I— LIFE INSURANCE COMPANIES › Subpart Subpart C— Life Insurance Deductions

26 U.S.C. § 808

Policyholder dividends deduction

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 26 CasesGoogle Scholar
(a) Policyholder dividend defined

For purposes of this part, the term “policyholder dividend” means any dividend or similar distribution to policyholders in their capacity as such.

(b) Certain amounts includedFor purposes of this part, the term “policyholder dividend” includes—(1) any amount paid or credited (including as an increase in benefits) where the amount is not fixed in the contract but depends on the experience of the company or the discretion of the management,(2) excess interest,(3) premium adjustments, and(4) experience-rated refunds.(c) Amount of deduction

The deduction for policyholder dividends for any taxable year shall be an amount equal to the policyholder dividends paid or accrued during the taxable year.

(d) DefinitionsFor purposes of this section—(1) Excess interestThe term “excess interest” means any amount in the nature of interest—(A) paid or credited to a policyholder in his capacity as such, and(B) in excess of interest determined at the prevailing State assumed rate for such contract.(2) Premium adjustment

The term “premium adjustment” means any reduction in the premium under an insurance or annuity contract which (but for the reduction) would have been required to be paid under the contract.

(3) Experience-rated refund

The term “experience-rated refund” means any refund or credit based on the experience of the contract or group involved.

(e) Treatment of policyholder dividendsFor purposes of this part, any policyholder dividend which—(1) increases the cash surrender value of the contract or other benefits payable under the contract, or(2) reduces the premium otherwise required to be paid,shall be treated as paid to the policyholder and returned by the policyholder to the company as a premium.(f) Coordination of 1984 fresh-start adjustment with acceleration of policyholder dividends deduction through change in business practice(1) In general

The amount determined under paragraph (1) of subsection (c) for the year of change shall (before any reduction under paragraph (2) of subsection (c)) be reduced by so much of the accelerated policyholder dividends deduction for such year as does not exceed the 1984 fresh-start adjustment for policyholder dividends (to the extent such adjustment was not previously taken into account under this subsection).

(2) Year of change

For purposes of this subsection, the term “year of change” means the taxable year in which the change in business practices which results in the accelerated policyholder dividends deduction takes effect.

(3) Accelerated policyholder dividends deduction defined

For purposes of this subsection, the term “accelerated policyholder dividends deduction” means the amount which (but for this subsection) would be determined for the taxable year under paragraph (1) of subsection (c) but which would have been determined (under such paragraph) for a later taxable year under the business practices of the taxpayer as in effect at the close of the preceding taxable year.

(4) 1984 fresh-start adjustment for policyholder dividends

For purposes of this subsection, the term “1984 fresh-start adjustment for policyholder dividends” means the amounts held as of December 31, 1983, by the taxpayer as reserves for dividends to policyholders under section 811(b) (as in effect on the day before the date of the enactment of the Tax Reform Act of 1984) other than for dividends which accrued before January 1, 1984. Such amounts shall be properly reduced to reflect the amount of previously nondeductible policyholder dividends (as determined under section 809(f) as in effect on the day before the date of the enactment of the Tax Reform Act of 1984).

(5) Separate application with respect to lines of business

This subsection shall be applied separately with respect to each line of business of the taxpayer.

(6) Subsection not to apply to mere change in dividend amount

This subsection shall not apply to a mere change in the amount of policyholder dividends.

(7) Subsection not to apply to policies issued after December 31, 1983(A) In general

This subsection shall not apply to any policyholder dividend paid or accrued with respect to a policy issued after December 31, 1983.

(B) Exchanges of substantially similar policies

For purposes of subparagraph (A), any policy issued after December 31, 1983, in exchange for a substantially similar policy issued on or before such date shall be treated as issued before January 1, 1984. A similar rule shall apply in the case of a series of exchanges.

(8) Subsection to apply to policies provided under employee benefit plans

This subsection shall not apply to any policyholder dividend paid or accrued with respect to a group policy issued in connection with a plan to provide welfare benefits to employees (within the meaning of section 419(e)(2)).

(g) Prevailing State assumed interest rateFor purposes of this subchapter—(1) In general

The term “prevailing State assumed interest rate” means, with respect to any contract, the highest assumed interest rate permitted to be used in computing life insurance reserves for insurance contracts or annuity contracts (as the case may be) under the insurance laws of at least 26 States. For purposes of the preceding sentence, the effect of nonforfeiture laws of a State on interest rates for reserves shall not be taken into account.

(2) When rate determined

The prevailing State assumed interest rate with respect to any contract shall be determined as of the beginning of the calendar year in which the contract was issued.

(Added Pub. L. 98–369, div. A, title II, § 211(a), July 18, 1984, 98 Stat. 732; amended Pub. L. 99–514, title XVIII, § 1821(b), (c), Oct. 22, 1986, 100 Stat. 2838; Pub. L. 108–218, title II, § 205(b)(3), Apr. 10, 2004, 118 Stat. 610; Pub. L. 115–97, title I, § 13517(b)(1), Dec. 22, 2017, 131 Stat. 2147.)Editorial NotesReferences in Text

The date of enactment of the Tax Reform Act of 1984, referred to in subsec. (f)(4), is the date of enactment of Pub. L. 98–369, div. A, which was approved July 18, 1984.

Amendments

2017—Subsec. (g). Pub. L. 115–97 added subsec. (g).

2004—Subsec. (c). Pub. L. 108–218 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

“(1) In general.—Except as limited by paragraph (2), the deduction for policyholder dividends for any taxable year shall be an amount equal to the policyholder dividends paid or accrued during the taxable year.

“(2) Reduction in case of mutual companies.—In the case of a mutual life insurance company, the deduction for policyholder dividends for any taxable year shall be reduced by the amount determined under section 809.”

1986—Subsec. (d)(1)(B). Pub. L. 99–514, § 1821(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “determined at a rate in excess of the prevailing State assumed interest rate for such contract.”

Subsec. (f). Pub. L. 99–514, § 1821(c), added subsec. (f).

Statutory Notes and Related SubsidiariesEffective Date of 2017 Amendment

Amendment by Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, with transition rule and transition relief, see section 13517(c) of Pub. L. 115–97, set out as a note under section 807 of this title.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–218 applicable to taxable years beginning after Dec. 31, 2004, see section 205(c) of Pub. L. 108–218, set out as a note under section 807 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.

Effective Date

Section applicable to taxable years beginning after Dec. 31, 1983, see section 215 of Pub. L. 98–369, set out as a note under section 801 of this title.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.

Notes of Decisions
Cited in 12 cases, 1993–2015 · leading case: Massachusetts Mutual Life Insurance v. United States
Sort: Relevance Newest Treatment
Massachusetts Mutual Life Insurance v. United States (2015) cafc · cites it 4× “” 26 U.S.C. § 808 (c). In 1995, MassMutual implemented a policy of guaranteeing a minimum amount of dividends (“guaranteed dividends”) it would pay the following year to a defined class of eligible policyholders — those with post-1988 policies.”
Massachusetts Mutual Life Insurance v. United States (2012) uscfc · cites it 14× “Therefore, pursuant to 26 U.S.C. § 808 (f), 7 *116 acceleration of pre-1984 policyholder dividends, could result in the recapture of the fresh start benefit the life insurance company received for the pre-1984 policies.”
Internal Revenue Service v. CM Holdings, Inc. (In Re CM Holdings, Inc.) (2000) ded · cites it 2× “” 26 U.S.C. § 808 (a) 45 This argument fails because the § 808 definition of policyholder dividends rests on the assumption that the dividends are real transactions, and not factual shams.”
New York Life Insurance v. United States (2013) ca2 “Because the Internal Revenue Code allows life insurance companies to deduct from gross income “an amount equal to the policyholder dividends paid or accrued during the taxable year,” 26 U.S.C. § 808 (c), the Company deducted the amount of these dividends.”
Hill v. State Farm Mutual Automobile Insurance (2008) calctapp “Tax 234 ; see also 26 U.S.C. §§ 808 (b), 832(c)(11) [defining policyholder dividend].”
National Life Insurance Company and Subsidiaries v. Commissioner of Internal Revenue (1996) ca2 “WALKER, Circuit Judge: National Life Insurance Company and its subsidiaries (collectively “National Life”) ap *6 peal from a decision of the Tax Court (Mary Ann Cohen, Judge), denying National Life’s petition to increase its deduction from its gross income for policyholder…”
Koch v. James (1993) indctapp “The court further concluded that a § 308 election is within the personal representative's discretion.”
Principal Mutual Life Insurance Company and Subsidiaries (Now Known as Principal Life Insurance Company and Subsidiaries (2002) cafc “” 26 U.S.C. § 808 (a). Section 808(c) provides that policyholder dividends may be deducted in the year paid or accrued, but are subject to certain reductions for mutual insurance companies.”
Indianapolis Life Ins. Co. and Subsidiary v. United States (1996) insd “See 26 U.S.C. § 808 (c). The stock life insurance company cannot use all of its earnings for such policyholder benefits, however, for it must also try to provide stockholders with a return on their equity investment.”
John Hancock Financial Services, Inc. v. United States (2003) uscfc · cites it 4× “” 26 U.S.C. § 808 (a). Policyholder dividends include "(1) any amount paid or credited (including as an increase in benefits) where the amount is not fixed in the contract but depends on the experience of the company or the discretion of the management, (2) excess interest, (3)…”
Dorrance v. United States (2012) azd “at 517 ; see 26 U.S.C. § 808 (a). The court found that although UNUM had made a colorable argument based on the language of the statute, the court had an obligation to consider the statutory language in the context of the “basic policies and structure of the Code,” and that…”
Provident Life & Accident Insurance v. United States (2004) tned “Because life insurance companies must account for policyholder dividends on an accrual basis under 26 U.S.C. § 808 (c), unac-crued liability for policyholder dividends cannot be deducted for tax purposes until the dividends are either paid or accrued (Id.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.