U.S. Code » Title 26 » Subtitle Subtitle A— Income Taxes › Chapter CHAPTER 1— NORMAL TAXES AND SURTAXES › Subchapter Subchapter L— Insurance Companies › Part PART III— PROVISIONS OF GENERAL APPLICATION

26 U.S.C. § 841

Credit for foreign taxes

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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 NotesAmendments

1986—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 SubsidiariesEffective Date of 1986 Amendment

Amendment 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.

Effective Date of 1984 Amendment

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

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–809 applicable with respect to taxable years beginning after Dec. 31, 1966, see section 104(n) of Pub. L. 89–809, set out as a note under section 11 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–834 applicable with respect to taxable years beginning after Dec. 31, 1962, see section 8(h) of Pub. L. 87–834, set out as a note under section 501 of this title.

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–69 applicable only with respect to taxable years beginning after Dec. 31, 1957, see section 4 of Pub. L. 86–69, set out as a note under section 381 of this title.

Effective Date of 1956 Amendment

Amendment by act Mar. 13, 1956, applicable only to taxable years beginning after Dec. 31, 1954, see section 6 of act Mar. 13, 1956, set out as a note under section 316 of this title.

Notes of Decisions
Cited in 6 cases, 1959–2014 · leading case: The Travelers Insurance Company v. United States
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The Travelers Insurance Company v. United States (2002) cafc · cites it 4× “During those years, taxpayer paid taxes to Indonesia on the income it earned from the joint venture and claimed foreign tax credits under sections 841 and 901 of the Internal Revenue Code, 26 U.S.C. §§ 841 , 901 (1976). In all relevant respects, the pertinent sections of the Tax…”
Kelley v. Commissioner (1959) tax “Its counterpart is found in the Revenue Act of 1954 ( 26 U.S.C.A. § 841 (b) (1) (A)) in the phrase “a substantial part of the taxable income.”
United States v. Carlos Beltran (2014) ca7 “See 26 U.S.C. §§ 841 (a)(1), 846. The district court ordered him to serve a term of 168 months in prison.”
Travelers Insurance v. United States (1993) uscfc “26 U.S.C. § 841 . Defendant asserts that the Code thus establishes that “taxable income,” as used in both the numerator and the denominator of the foreign tax credit limitation fraction, is determined by reference to life insurance company taxable income (LICTI).”
United States v. Stanley Collins (2013) ca11 “§ 846 (Count 1), and attempt to possess with intent to distribute five kilograms or more of cocaine in violation of 26 U.S.C. §§ 841 (a)(1), (b)(l)(A)(ii), and 846 (Count 2).”
United States v. Isaac Gasper (2013) ca11 “§ 841 (a)(1), (b)(1)(C) (Count 2); and possession with intent to distribute 28 grams of cocaine base, cocaine, marijuana, and methylenedioxymethamphetamine (“MDMA”) in violation of 26 U.S.C. §§ 841 (a)(1), (b)(l)(B)(iii), (b)(1)(C), and (b)(1)(D) (Count 3).”
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