exempt contract

(2) Exempt contract (A) In general The term “exempt contract” means an insurance or annuity contract issued or reinsured by a qualifying insurance company or qualifying insurance company branch in connection with property in, liability arising out of activity in, or the lives or health of residents of, a country other than the United States. (B) Minimum home country income required (i) In general No contract of a qualifying insurance company or of a qualifying insurance company branch shall be treated as an exempt contract unless such company or branch derives more than 30 percent of its net written premiums from exempt contracts (determined without regard to this subparagraph)— (I) which cover applicable home country risks, and (II) with respect to which no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(d)(3) ). (ii) Applicable home country risks The term “applicable home country risks” means risks in connection with property in, liability arising out of activity in, or the lives or health of residents of, the home country of the qualifying insurance company or qualifying insurance company branch, as the case may be, issuing or reinsuring the contract covering the risks. (C) Substantial activity requirements for cross border risks A contract issued by a qualifying insurance company or qualifying insurance company branch which covers risks other than applicable home country risks (as defined in subparagraph (B)(ii)) shall not be treated as an exempt contract unless such company or branch, as the case may be— (i) conducts substantial activity with respect to an insurance business in its home country, and (ii) performs in its home country substantially all of the activities necessary to give rise to the income generated by such contract.

Source

26 USC § 953(e)(2)


Scoping language

For purposes of this section
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