§ 1.801-5 Total reserves.
(a) Total reserves defined. For purposes of section 801(a) and § 1.801-3, the term “total reserves” is defined in section 801(c) as the sum of:
(1) Life insurance reserves (as defined in section 801(b) and § 1.801-4),
(2) Unearned premiums (as defined in paragraph (e) of § 1.801-3), and unpaid losses (whether or not ascertained) (as defined in paragraph (g) of § 1.801-3), not included in life insurance reserves, and
(3) All other insurance reserves required by law.
The term “
total reserves” does not, however, include deficiency reserves (within
the meaning of section 801(b)(4), and paragraph (e)(4) of
§ 1.801-4), even though such deficiency reserves are required by State law. In determining
total reserves, a company is permitted to make use of
the highest aggregate reserve required by any
State or Territory or
the District of Columbia in which it transacts
business, but
the reserve must have been actually held during
the taxable year for which
the reserve is claimed. For
example, during
the taxable year 1958 a
life insurance company sells
life insurance and
annuity contracts in
States A and B.
State A requires reserves of 10 against
the life and 5 against
the annuity
business.
State B requires reserves of 9 against
the life and 7 against
the annuity
business. Assuming
the company actually holds these reserves during
the taxable year 1958, its highest aggregate reserve for such
taxable year is
the 16 required by
State B. Thus,
the company is not permitted to compute its highest aggregate reserve by taking
State A's
requirement of 10 against its
life insurance business and adding it to
State B's
requirement of 7 against its annuity
business.
(b) Reserves required by law defined. For purposes of part I, subchapter L, chapter 1 of the Code, the term reserves required by law means reserves which are required either by express statutory provisions or by rules and regulations of the insurance department of a State, Territory, or the District of Columbia when promulgated in the exercise of a power conferred by statute, and which are reported in the annual statement of the company and accepted by state regulatory authorities as held for the fulfillment of the claims of policyholders or beneficiaries.
(c) [Reserved]
(d) Illustration of principles. The provisions of section 801 relating to the percentage requirements for qualification as a life insurance company may be illustrated by the following example:
Example.
The books of Y, an
insurance company, selling
life insurance, noncancellable health and accident
insurance, and cancellable accident and health insurance, reflect (after
adjustment under sections 806(a) and 801(d))
the following facts for
the taxable year 1958:
|
Jan. 1
|
Dec. 31
|
Mean of year
|
| 1. Life insurance reserves |
$3,000 |
$5,000 |
$4,000
|
| 2. Unearned premiums, and unpaid losses (whether or not ascertained), on noncancellable accident and health insurance not included in life insurance reserves |
400 |
600 |
500
|
| 3. Unearned premiums, and unpaid losses (whether or not ascertained), on cancellable accident and health insurance |
1,800 |
2,200 |
2,000
|
| 4. All other insurance reserves required by law |
900 |
1,100 |
1,000
|
| 5. Total reserves |
|
|
7,500 |
The rules provided by section 801 require that
the sum of
the mean of
the year figures in items 1 and 2 comprise
more than 50 percent of
the mean of
the year figure in item 5 for an
insurance company to qualify as a
life insurance company. Thus, Y would qualify as a
life insurance company for
the taxable year 1958 as
the sum of
the mean of
the year figures in items 1 and 2 ($4,500) comprise 60 percent of
the mean of
the year figure in item 5 ($7,500).
