§ 845. Certain reinsurance agreements
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/usc/title-26/section-845A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Allocation in case of reinsurance agreement involving tax avoidance or evasion In the case of 2 or more related persons (within the meaning of section 482) who are parties to a reinsurance agreement (or where one of the parties to a reinsurance agreement is, with respect to any contract covered by the agreement, in effect an agent of another party to such agreement or a conduit between related persons), the Secretary may—
(1)allocate between or among such persons income (whether investment income, premium, or otherwise), deductions, assets, reserves, credits, and other items related to such agreement,
(2)recharacterize any such items, or
(3)make any other adjustment,
if he determines that such allocation, recharacterization, or adjustment is necessary to reflect the proper amount, source, or character of the taxable income (or any item described in paragraph
(1)relating to such taxable income) of each such person.
(b)Reinsurance contract having significant tax avoidance effect If the Secretary determines that any reinsurance contract has a significant tax avoidance effect on any party to such contract, the Secretary may make proper adjustments with respect to such party to eliminate such tax avoidance effect (including treating such contract with respect to such party as terminated on December 31 of each year and reinstated on January 1 of the next year).
(Added Pub. L. 98–369, div. A, title II, § 212(a), July 18, 1984, 98 Stat. 757; amended Pub. L. 108–357, title VIII, § 803(a), Oct. 22, 2004, 118 Stat. 1569.)
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- Public Law 108–357To amend the Internal Revenue Code of 1986 to remove impediments in such Code and make our manufacturing, service, and high-technology businesses and workers more competitive and productive both at Oct. 22, 2004[[H
- Public Law 98–369To provide for tax reform, and for deficit reduction
10 references not yet in our index
- Pub. L. 98–369, div. A, title II, § 212(a)
- 98 Stat. 757
- Pub. L. 108–357, title VIII, § 803(a)
- 118 Stat. 1569
- Pub. L. 108–357
- Pub. L. 108–357, title VIII, § 803(b)
- Pub. L. 98–369, div. A, title II, § 217(d)
- 98 Stat. 762
- Pub. L. 99–514, § 2
- 100 Stat. 2095
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§ 845
Certain reinsurance agreements
Stat.×3
U.S.C.×1
Pub. L.Pub. L. 98–369, div. A, title II, § 212(a)
Stat.98 Stat. 757
Pub. L.Pub. L. 108–357, title VIII, § 803(a)
Stat.118 Stat. 1569
Pub. L.Pub. L. 108–357
Cites 10 · showing 5Cited by 4 across 2 sources