35 Miss. Code. R. 3-10-03-101 - DEDUCTIONS:
1. Insurance companies may deduct from gross
income the deductions provided by statute on the same basis and the same
measure as other corporations. Deductions shall be computed on an incurred
basis except that, where taxpayer reports income on a receipts basis,
deductions must be computed on a paid basis.
2. Amounts representing rebates, return
premiums and premiums on policies not taken may be deducted from income when
such amounts have been included in income in the current year or prior years.
Dividends (other than dividends paid to stockholders as stock dividends) or
distributions which represent a return of premiums paid, or deposited, by
policy holders are deductible when actually paid to policy holders, or are
definitely and irrevocably placed to the credit of policy holders subject to
withdrawal on demand; or treated and consummated as a reduction of premiums due
from policy holders. Dividends or distributions, which are credited to future
premiums payable by policy holders, are not deductible from gross income when
such dividends or distributions are not credited or paid to the prospective
policy holder unless the policy is renewed. Deductible policy dividends on
direct business and reinsurance assumed must be reduced by dividends on
reinsurance ceded.
3. Foreign,
non-life companies using the apportionment method of reporting income will
determine underwriting income on a net basis. No other companies may deduct
reinsurance ceded unless the assuming company is, or would be, required to
report the income therefrom under the direct accounting method. Generally, this
will permit domestic companies to deduct reinsurance ceded to Mississippi
companies.
4. In computing losses
and claims any estimate for losses incurred but not reported during the taxable
year should not be included. As payments on policies, there shall be reported
all death, disability and other policy claims paid within the year on
Mississippi contracts, including fire, accident and liability losses, matured
endowments, annuities, payments on installment policies and surrender values
actually paid. All losses and claims paid must be reduced by recoveries from
reinsurance ceded, when the reinsurance premiums paid have been taken as a
deduction from gross income.
5. The
statute provides that there may be deducted "the net additions required by law
to be made within the taxable year to reserve funds when such reserve funds are
maintained for the purpose of liquidating policies at maturity." Such
deductible reserve additions do not include additions to a security reserve,
investment reserve or any reserve other than those reserves normally included
with and recognized as a part of the true policy reserves.
6. Said additions must reflect reinsurance to
the extent that same is reflected in premium income reported. Life companies
which do not include in gross income the increase in deferred and uncollected
premiums must reduce the net increase in reserves by the increase in net
deferred and uncollected premiums.
7. When Mississippi unearned premiums cannot
be accounted for specifically by companies which use the direct accounting
method of reporting, said premiums shall be computed by taking the ratios on a
net basis between company-wide unearned premiums and company-wide net premiums
written, by line of business and applying said ratios to the premium income
reported, less return premiums, by line of business.
Notes
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