|Introduced in House||Passed House||Introduced in Senate||Passed Senate||To President||Became Law|
To amend the Internal Revenue Code of 1986 to provide special rules for purposes of determining if financial guaranty insurance companies are qualifying insurance corporations under the passive foreign investment company rules.
116 HR 5746 IH: To amend the Internal Revenue Code of 1986 to provide special rules for purposes of determining if financial guaranty insurance companies are qualifying insurance corporations under the passive foreign investment company rules. U.S. House of Representatives 2020-02-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 1. (a) Section 1297(f)(3)of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) (i) Notwithstanding subparagraphs (A)(ii) and (B), the applicable insurance liabilities of a financial guaranty insurance company shall include its unearned premium reserves if— (I) such company is prohibited under generally accepted accounting principles from reporting on its applicable financial statements reserves for losses and loss adjustment expenses with respect to a financial guaranty insurance or reinsurance contract except to the extent that such reserve amounts are expected to exceed the unearned premium reserves on the contract, (II) the applicable financial statement of such company reports financial guaranty exposure of at least 15-to-1, and (III) such company includes in its insurance liabilities only its unearned premium reserves relating to insurance written or assumed that is within the single risk limits set forth in subsection (D) of section 4 of the Financial Guaranty Insurance Guideline (modified by using total shareholder’s equity as reported on the applicable financial statement of the company rather than aggregate of the surplus to policyholders and contingency reserves). (ii) For purposes of this subparagraph, the termfinancial guaranty insurance companymeans any insurance company the sole business of which is writing or reinsuring financial guaranty insurance (as defined in subsection (A) of section 1 of the Financial Guaranty Insurance Guideline) which is permitted under subsection (B) of section 4 of such Guideline. (iii) For purposes of this subparagraph, the termfinancial guaranty exposuremeans the ratio of— (I) the net debt service outstanding insured or reinsured by the company that is within the single risk limits set forth in the Financial Guaranty Insurance Guideline (as reported on such company’s applicable financial statement), to (II) the company’s total assets (as so reported). (iv) For purposes of this subparagraph, the termFinancial Guaranty Insurance Guidelinemeans the October 2008 model regulation that was adopted by the National Association of Insurance Commissioners on December 4, 2007. . (b) Section 1297(f)(4) of such Code is amended by adding at the end the following new subparagraph: (C) An amount described in paragraph (1)(B) or clause (i)(II), (i)(III), (iii)(I), or (iii)(II) of paragraph (3)(C) shall not be treated as reported on an applicable financial statement for purposes of this section unless such amount is separately reported on such statement with respect to the corporation referred to in paragraph (1). (D) (i) Each United States person who owns an interest in a specified non-publicly traded foreign corporation and who takes the position that such corporation is not a passive foreign investment company shall report to the Secretary such information with respect to such corporation as the Secretary may require. (ii) For purposes of this subparagraph, the termspecified non-publicly traded foreign corporationmeans any foreign corporation— (I) which would be a passive foreign investment company if subsection (b)(2)(B) did not apply, and (II) no interest in which is traded on an established securities market. . (c) (1) Except as otherwise provided in this subsection, the amendments made by this section shall take effect as if included in section 14501 of Public Law 115–97. (2) The amendment made by subsection (b) shall apply to reports made after the date of the enactment of this Act.
|02/03/2020||President||Referred to the House Committee on Ways and Means.Action By: House of Representatives|
|02/03/2020||President||Introduced in HouseAction By: House of Representatives|