- 4.42.4.1 Gross Premiums
- 4.42.4.2 Investment Income
- 4.42.4.3 Assets
- 4.42.4.4 Other Amounts (Income)
- 4.42.4.5 Death Benefits, etc.
- 4.42.4.6 Reserves
- 4.42.4.7 Consideration Paid for Assumption by Another Person of Liabilities
- 4.42.4.8 Dividends Reimbursable by Taxpayer
- 4.42.4.9 Interest Expense
- 4.42.4.10 Deductible Policy Acquisition Expense
- 4.42.4.11 Other Deductions
- 4.42.4.12 Dividend Received Deduction
- 4.42.4.13 Operations Loss Deduction
- 4.42.4.14 Small Life Insurance Company Deduction
- 4.42.4.15 Limitation on Noninsurance Losses
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Gross premiums and other considerations received on insurance and annuity contracts less return premiums and premiums and other considerations paid for indemnity reinsurance are included in life insurance gross income as defined in IRC section 803(a)(1). Definitions of the terms, premiums and return premiums, and reinsurance ceded are found in Treas. Reg. section 1.809–4(a)(1) of the 1959 act and are relevant in interpreting new IRC section 803(a)(1).
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Usually the life insurance company will have detailed summary sheets reconciling the gross premiums less return premiums in Exhibit 1, Part 1, of the Annual Statement to line 1 of the tax return.
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The term "gross amount of all premiums and other consideration" includes:
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Premiums received in advance and premium deposit funds included in gross income at the time of their receipt under IRC section 803(b)(1). For taxable years beginning on or after September 30, 1990, a life insurance company is required to reduce by 20 percent its opening and closing balances for unearned and advance premiums for contracts whose reserves do not qualify as life insurance reserves (e.g., cancelable accident and health insurance) as prescribed in IRC section 807(e)(7). Life insurance company taxable income is increased by 20 percent of the annual increase in the balance for unearned and advance premiums for these contracts.
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Deferred premiums and uncollected deferred premiums are premium installments that are not due as of the financial statement date but will become due before the end of the current policy year. Uncollected premiums and due and unpaid premiums are classified as assets since the premium due date has passed without payment being received before the financial statement date. TRA 1984 under IRC section 811(a)(1) and 811(c)(1), override the holding of the Supreme Court in Commissioner v. Standard Life and Accident Insurance Co., 433 U S 148 (1977), by stating that a reserve may not be established unless the gross amount of premium is properly accrued in that taxable year.
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Reinsurance premiums are amounts received by an assuming company for assuming liabilities under a reinsurance contract regardless of whether the contract is yearly renewable term, coinsurance, modified coinsurance, or assumption. See IRC section 803(b)(1 )(E).
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IRC section 803(b)(1)(F) includes in the "gross amount of premiums and other consideration" the amount of policyholder dividends reimbursable to the taxpayer by a reinsurer in respect of reinsured policies. TRA 1984 under IRC section 811(a) specifies that both the deduction of the assuming company and the income of the ceding company should be on the accrual basis.
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Return premiums include amounts returned or credited which are fixed by contract and do not depend on the experience of the company or the discretion of the management. For example, return premiums include amounts returned to the policyholder because of policy cancellations or erroneously computed premiums. Treas. Reg. 1.809–4(a)(1)(ii). An analysis should be secured and reviewed on amounts claimed as return premiums that includes amounts of premium returned to another life insurance company under indemnity reinsurance, including experience-rated refunds paid by the assuming company to the ceding company even though the amounts would meet the definition of a policyholder dividend, and including payments under assumption reinsurance are deductible by the ceding company as a general deduction under IRC section 805(a)(6) rather than a reduction of premium income.
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For tax return purposes, prior to 1963 all discounts (market and original issue) had to be reported on bonds, notes, debentures, or other evidence of indebtedness. For 1963 and subsequent years the taxpayer has to report only original issue discount as defined in IRC section 1232(b). Market discount and "di minimus" original issue need not be reported even though they are listed in Schedule D of the Annual Statement. See Treas. Reg. section 1.1232–3A(b)(4) for an exception to the rule of ratable inclusion of original issue discount. For tax return purposes, taxable bonds issued after July 18, 1984 and acquired after September 25, 1985, the taxpayer may elect not to accrue market discount, but market discount is taxed as ordinary income to the extent of a gain upon sale or maturity. For tax return purposes, taxable bonds issued before July 19, 1984 and acquired on or before September 25, 1985, the taxpayer may elect not to accrue market discount and the discount will be taxed as capital income if the bond is held to maturity. For tax return purposes, taxable bonds issued before 7/19/84 and acquired on 5/1/93 and later, the accrued market discount is taxed as ordinary income on the disposition of the bond.
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The company should supply a list of the reported recognized Original Issue Discount (OlD).
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The list should be compared with the prior year’s tax list of OlD securities to ensure that none have been excluded with the exception of disposals.
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Discounts on bonds acquired in the current year, shown in Schedule D, Parts 3 and 5 of the Annual Statement, not reported as recognized OlD should be verified.
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In computing the recognized OlD under IRC section 1232(b) the "number of complete years to maturity" must take into consideration mandatory prepayments. If the Annual Statement does not list mandatory prepayments separately obtain the instruments of indebtedness.
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Warrants received with evidences of indebtedness as an "investment unit" results in discount on the indebtedness to the extent of the warrant fair market value.
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No amortization of premium or accrual of discount can be reported on bonds in default. These bonds are indicated in Schedule D of the Annual Statement, Part 1, Column 12.
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Most companies will indicate in a footnote to Annual Statement Schedule D if they are amortizing premium to earlier call date if it results in lower amortization than to maturity. Only this lower amount may be claimed on the tax return.
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The Annual Statement amortization of premium on a convertible evidence of indebtedness will include the amount attributable to the conversion features. The tax return amortization should exclude this attributed amount.
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Mortgage discounts may be reported on a composite basis provided such method is regularly employed; period of accrual reflects actual average lives; and all such discounts are eventually reported.
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"Bid in Interest" on foreclosed property represents interest income
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Commitment fees on loans not made are includible in Gross Investment Income (GIl). These fees, sometimes called "standby fees," are income in the year of receipt.
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Amounts received on foreclosed FHA and VA mortgages in excess of basis are includible in GIl and are not capital gains.
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The fair market value of warrants or stock received on private placement of loans represent GIl when they are not part of an "investment unit."
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Prepayment penalties on corporate mortgages paid in advance now qualify for capital gain treatment.
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Prepayment penalties on non-corporate mortgages and other evidence of indebtedness are includible in GIl.
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Interest on policy loans charged in advance to policyholders (whether paid or added to the loan balance) is includible in GIl.
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Pro rata accrued of interest on policy loans due in arrears is includable in GIl.
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Annual Statement rental income includes rents the company charges itself on company owned property. The total charge is stated in a footnote to Exhibit 2 of the Annual Statement. A corresponding charge appears on line 1 of Exhibit 5. For tax return purposes both the rental income and the corresponding rental expense should be eliminated.
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Rental income is taxable in the year in which it is collected or accrued whichever is earlier. Rent received in advance is included in gross income under the "claim of right" doctrine.
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Interest paid on encumbrances to real estate cannot be deducted from gross rents.
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"Security deposits" to be applied against the last month’s rent according to the rental agreement are treated as advance rents and income in the year receipt.
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Payments for an easement or right-of-way is considered rents and are includible in GIl.
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Copies of partnership and joint venture returns should be secured to verify that income and deductions which retain their character are reported in their proper place on the Form 1120–L.
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Transactions with related entities should be audited to ascertain that they are at "arm’s length."
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Ordinarily income received, even though unearned, is includible in gross income.
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Recaptured depreciation on investment assets should be reported as "gross income from trade or business."
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Valuation of total assets plays an important role in the determination of the small life insurance company deduction. If the assets of the life insurance company are equal to or exceed $500,000,000, no small life insurance company deduction is allowable under IRC section 804.
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Verification of the assets should start with a reconciliation of the assets in Exhibit 13, column 4 of the Annual Statement to the tax return. The company should supply a detailed schedule itemizing the breakdown of the assets especially the Other Assets, Schedule O, part 1, line 4 of Form 1120–L.
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As a rule, Exhibit 13 contains all the assets of a life insurance company. Ledger assets are found in column 1 and nonledger assets are found in column 2. The amount listed in column 4 is the addition of columns 1 and 2 minus the amount of non-admitted assets in column 3.
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Exceptions to the assets listed in Exhibit 13 are:
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Schedule X assets.
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Assets shown short or in footnotes on page 2 of the Annual Statement.
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Assets listed without cost or value in Schedule D of the Annual Statement.
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Assets netted against liabilities on page 3 of the Annual Statement.
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Prepaid assets which are not allowed as a current deduction and that may be amortizable.
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Unamortized mortgage loan finders’ fees. The item that is expensed in Exhibit 5 in the year paid, but is capitalized for tax purposes.
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Unamortized bonus paid for assumption reinsurance in accordance with Treas. Reg. 1.817–4(d)(2) and (3).
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The unamortized portion of the ceding commissions paid prior to September 30, 1990.
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The unamortized balance of the capitalized policy Deferred Acquisition Cost (DAC).
Example:
guaranty fund assessments
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Non-admitted assets such as agents’ balances, bills receivable, cash advances, returned checks, utility deposits, etc. have to be restored for the purpose of determining the total assets for the small life insurance company deduction.
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Identifiable intangible assets are required to be included in the total assets of a life insurance company.
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As stated in text 3.6.2, real estate is valued at fair market value and the value is not reduced by encumbrances.
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The company should supply a detailed listing of the claimed fair market values.
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The listing should be compared with the details in Schedule A of the Annual Statement to ascertain that all properties are included.
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The claimed fair market values should be verified. Where appropriate, a valuation agent or engineer should make these determinations.
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The portion of company owned and occupied buildings used by the life insurance company in carrying on its trade or business is required to be included in the total assets at the fair market value of the property.
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Interest on mortgage loans more than 90 days past due is included in assets not withstanding different treatment for Annual Statement purposes.
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Accrued interest on mortgage loans in foreclosure is includible in assets.
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Dividends accrued from either preferred or common stocks are eliminated from total assets since they are only recognized on a cash basis for tax purposes.
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Loading on deferred and uncollected premiums is not includible in assets.
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Unimproved land to be used as a future site for its branch or home office is includible in assets. See Rev. Rul. 67–243, 1967–2 CE 236.
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Escrow and trust funds are generally includible in assets.
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Cash usually includes remittances received at year end which have not yet been allocated to premiums due and uncollected, investment income receivable, and other assets. Insurance companies credit these amounts to a suspense account. Since it represents a duplication of assets, a tax return adjustment is made reducing assets. This reduction should be verified to ensure that the suspense item actually represents a duplication of assets.
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Cash should not be reduced by sight or claim drafts outstanding.
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The value of any interest in a partnership, joint venture or a trust in which the company is a direct participant should be determined by taking the company’s proportional interest times the fair market value of all the assets of the partnership minus the Annual Statement value (Schedule BA, part 1, column 7 of the Annual Statement).
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Where a second-tier partnership is involved, the same principles as stated in paragraph (16) above apply.
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The total amount of income for non insurance business as defined in IRC section 803(a)(3) if includible in gross income.
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Ordinary income from the sale of investment assets from Form 4797 such as recapture of depreciation.
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Mutual company "true up" of income from recomputation of the differential earnings amount.
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Subtractions from special loss discount account with regard to companies required to discount unpaid losses as required by IRC section 846.
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IRC section 805(a)(1) allows a deduction for all claims and benefits accrued and all losses incurred, whether or not ascertained on insurance and annuity contracts. The law regarding what is deductible as a death benefit has not changed from the pre-1984 law. The court cases and rulings still apply in this area.
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Benefits incurred on Form 1120–L, line 10 include all of the following statutory items:
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Death benefits.
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Matured endowments.
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Annuity benefits.
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Disability benefits.
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Surrender benefits.
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Benefits under accident and health policies.
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Payments on supplementary contracts (with or without life contingencies).
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Payment of dividend accumulations.
These amounts are found in the Annual Statement, page 4, summary of operations, lines 8 through 16A.
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Unpaid losses are taken into account as part of benefits incurred rather than as part of the computation of an increase or decrease in IRC section 807(c)(2) reserves as provided in Rev. Rul. 65–33, 1965–1 CB 263 and Rev. Rul. 67–129, 1967–1 C.B. 170.
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Losses which have been incurred during the year may not have been reported (IBNRs) at the end of the taxable year.
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Losses related to accident and health claims may not be readily determinable at the time they are incurred. The deduction allowed by IRC section 805(a)(1) for these losses represents an exception to the general rule under Treas. Reg. 1.446–1(c)(1)(ii) regarding the "all events test."
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A change in the method of computing a deduction for losses incurred to take into account incurred but not reported losses (IBNRs) is a change in accounting method and requires advance approval of the Commissioner under Rev. Rul. 79–210, 1979–2 CB 261.
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IBNRs must be based on reasonable estimates using prior experience. IBNRs are reported on Annual Statement Exhibit 11, part 1, line 3.
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Disability benefits under accident and health policies. Beginning in 1987, accident and health claim liabilities must be discounted in accordance with IRC section 846 (Annual Statement, summary of operations, page 4, line 11). Exhibit H of the Annual Statement should be used to develop unpaid loss reserves for accident and health lines including disability benefits. Several prior Annual Statements and subsequent Annual Statements from the examination year are the starting point for testing the reasonableness of the reserve in the examination year.
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Interest credited to reserves on supplementary contracts that do not involve life, accident, or health contingencies instead of cash payment are reflected as an IRC section 805(a)(2) deduction and not a deduction under IRC section 805(a)(1).
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The following are ordinary connotations of the term "reserve" as used for most accounting and income tax purposes:
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Valuation Reserves —Such reserves indicate that the value of an associated asset is overstated by the amount of that reserve. A common example of this type of reserve is a depreciation reserve or account. This is a contra asset account, commonly called accumulated depreciation.
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Reserves for Contingent Liabilities —These measure the value of potential future losses. An example of this type of reserve might be a reserve set up for an anticipated loss that could arise from a pending lawsuit against the corporation.
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Surplus Reserves —Such reserves are really allocations of surplus earmarked for special purposes. An example would be appropriated retained earnings.
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Fluctuation Reserves —Such reserves are hybrid reserves between valuation reserves and surplus reserves. Such reserves are used to cushion fluctuations in the market value of marketable securities valued on the balance sheet.
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The Annual Statement of a life insurance company will often reflect each of the above ordinary types of reserves, even though the formal accounts of the company may not include any of them.
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A valuation reserve such as a depreciation reserve will be reflected in the net value of the asset on the balance sheet. However, for income tax purposes, life insurance companies are not permitted to report their bad debts on a reserve basis; rather, the specific write-off method is required.
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A contingent liability reserve will generally be reported under either the line for Miscellaneous Liabilities or the line for Aggregate Write-in Liabilities shown on page 3 of the Annual Statement.
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A surplus reserve should always be reported under the applicable line for Special Surplus Funds on page 3 of the Annual Statement. Certain surplus reserves may be required by the statutory authorities.
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Life insurance companies had been required to maintain a fluctuation reserve which, prior to 1991, was known as the "Mandatory Securities Valuation Reserve" (MSVR). However, beginning with the 1991 Convention Blank, the MSVR was replaced by two new required fluctuation reserves designated as the "Asset Valuation Reserve" (AVR) and the "Interest Maintenance Reserve" (IMR). These fluctuation reserve items are not different in substance from surplus reserves, except that they are required by the statutory authorities and are preprinted on the Convention Blank as liability items (rather than as special surplus items) on lines 21.4 and 11.4, respectively, of page 3 of the Annual Statement.
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The audit procedures for the ordinary type of reserves described above are generally the same for life insurance companies as for ordinary commercial corporations, and should not present special problems for the agent. However, a special circumstance arises for mutual life insurance companies because of the elimination of the MSVR in 1991. Under IRC section 809, applicable only to mutual life insurance companies, the MSVR was included in the determination of the company’s average equity base. However, it is expected that, for 1991 and later years, the AVR and IMR will replace the MSVR in the equity base determination (see "Differential Earnings Amount" in Chapter 5, text 5.4 of this handbook and Treas. Reg. 1.809.10).
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Insurance companies are, however, different from ordinary commercial corporations in that they must set aside and maintain significant levels of special reserves which they need to pay insurance policy benefits. A life insurance company sells insurance and annuity contracts (policies) which, in consideration of premiums received from its policyholders, obligate the company to pay benefits if certain future contingent events occur. These contingent events (called risks) include death, survival, disability, accidental injury and sickness. The financial impact of an insurance contract cannot be known exactly until the insured risks occur or the contract otherwise terminates. This may occur soon after a policy is issued, or many years later. For an extremely large number of issued and outstanding insurance policies, however, these risks can be predicted with reasonable accuracy based on the laws of statistical averages. In order to systematically build assets to support their future obligations, a life insurance company must set aside a considerable portion of the premiums it collects, but which it has not yet used to pay benefits, as a reserve fund. These reserve funds, combined with premiums it will receive in the future plus investment earnings, will accumulate over the years and be available to pay benefit obligations.
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Therefore, in addition to the common types of reserves that ordinary corporations maintain, life insurance companies must also establish and maintain in their annual statements the following special types of reserve liabilities:
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Actuarial reserves (policy reserves).
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Unearned premium reserves.
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Unpaid loss reserves.
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Other liabilities or reserves under insurance or annuity contracts, which may or may not accumulate at interest.
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The nature, significance, and tax relevance and treatment of these special types of reserves will be described in the following sections.
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Under state insurance laws, a life insurance company is licensed to sell only contracts of life insurance, annuities, accident and health insurance, and special types of group annuity contracts used to provide employee retirement benefits. A contract may be issued to insure only one person (individual contract) or to insure many persons (group contract). A life insurance company, therefore, generally maintains actuarial reserves for many different types of policy forms and benefits. For most life insurance companies, reserves for life insurance policies represent the bulk of their actuarial reserves. Whole life insurance policies provide protection for the entire life of the insured. Term life insurance policies provide protection only for a limited period of time. If a term life policy also pays a lump sum amount to the insured if he lives to the end of the term, the policy is called an endowment life policy. The discussion in this section will be focussed on traditional individual whole life insurance policies. Reserves for term life and endowment life policies, as well as for annuities and accident and health insurance, are based on the same fundamental principles.
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Under an individual life insurance policy, a policyholder selects one of several premium payment options. Under a "single premium" policy, the policyholder purchases the policy with a single premium payment at the issue date. It is more common, however, to pay premiums on an annual or more frequent periodic basis, and this discussion will assume that method of payment. The reserve for a fully paid-up premium policy, such as a single premium life insurance policy or a policy for which no further premiums are due, is simply a special case of the reserve for a premium-paying policy.
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Under a traditional whole life insurance policy, the insured death benefit (called the face amount of the policy) remains level and guaranteed for the lifetime of the insured person, provided the required premiums are timely paid. The premiums are usually paid in equal annual installments over the lifetime of the insured, or over a fixed number of years. Since the risk of death increases as the insured person ages, the annual cost of insurance under the policy also increases. The annual cost of insurance is called the annual mortality cost, which is simply the expected amount of claim for that year ( "amount at risk" ) based on the insured’s assumed death rate for that year. The assumed annual death rates are obtained from standard actuarial tables, called mortality tables, which the insurance company uses to calculate its premiums and reserves. In order for the insurance company to charge a level annual premium for the policy, when the annual mortality cost is increasing, the premium charge during the early policy years must be greater than the mortality costs for those years. Accordingly, the premium charge for later policy years will be less than the mortality costs for those years. This gives rise to the concept of a policy reserve during the life of the policy because, if the insurance company is to have sufficient funds to pay the claim costs in the later years when those costs exceed the level premiums, it must accumulate the excess level premiums in earlier years. It is this "accumulation" with interest, of past excess level premiums that generates the reserve at each policy duration. Thus, the function served by the reserve is to balance the premiums with the rising mortality costs.
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The policy reserves, however, are not actually computed by accumulating, with interest, the actual premiums charged the policyholder and then subtracting the actual past mortality costs. The actual premium charged is called the "gross" premium, which is the total amount that the insurance company determines is required to cover estimated mortality costs, policy expenses and a margin for profit and contingencies. Naturally, the gross premiums must also be competitive with gross premiums charged by other insurance companies if the policy is to be marketable. The setting of gross premium scales for insurance policies is called "pricing," which involves many different actuarial assumptions and complex calculations. Life insurance reserves, on the other hand, are calculated by using an entirely different set of premiums calculated on a "net" basis. These net premiums, sometimes called "valuation net premiums" or "tabular net premiums," are calculated using only mortality and interest assumptions, so as to cover just the mortality costs with no allowance for expenses or profits. The premiums are calculated independently of the gross premiums charged and are used strictly to determine the actuarial reserves. As a margin of safety, the reserve valuation laws of the various states require that life insurance policy reserves for the company’s annual statement must be determined on a net premium basis. The gross premiums charged generally exceed the reserve valuation net premiums. This excess has often been called the "loading." However, since the gross and the valuation net premiums are calculated independently of each other, there are instances where that relationship changes and the valuation net premiums exceed the gross premiums. When that is the case, the state regulatory authorities require that adjustments be made to the reserves otherwise determined so that the annual statement reserves for those policies will not be deficient. Such additional reserves are known as "deficiency reserves."
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The first step in the reserve process is to calculate the valuation net premiums using an assumed mortality table and an assumed interest rate, which are the key actuarial assumptions, Under one of several different valuation methods of calculating reserves, known as the Net Level Premium Method, these net premiums are determined as a level amount over the entire premium paying period. Other reserve valuation methods may be used which affect the pattern in which the reserves accumulate, and these will be mentioned later in this section. Once this net premium is determined, policy reserves may be calculated for any policy duration by utilizing either of the two reserve balancing equations—the Retrospective Equation or the Prospective Equation:
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Under the retrospective equation, the reserve equals the accumulated value of all past net premiums less the accumulated value of all past assumed mortality costs.
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Under the prospective equation, the reserve equals the present value of all future assumed mortality costs less the present value of all future net premiums.
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Under both equations, the reserve calculation uses the same mortality and interest assumptions used to derive the net premiums. Both produce identical reserve amounts; the choice depending only on which equation better facilitates the calculation. The accumulations and present values under these reserve equations are determined using actuarial mathematics, i.e., these summations reflect both mortality and interest discounting. To better understand the reserve process, apply the prospective equation at the inception of the policy, i.e., at the policy duration zero, when the reserve must be zero. By substituting zero for the reserve, the prospective equation reduces to the following equation to the present value of all future net premiums, equals the present value of all future assumed mortality costs.
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This equation now expresses the fundamental relationship between the net premiums and the expected mortality costs over the entire life of the policy, and becomes the formula initially used to calculate the net premiums.
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After selecting a mortality basis and an assumed interest rate and calculating the net premiums, select one of several acceptable reserve valuation methods. The valuation method defines the pattern or rate at which the reserves accumulate over the life of the policy whichever valuation method is selected. The reserve will become the same at some designated future duration eventually. The reserve must accumulate ultimately to the face amount of the policy when the insured attains the terminal age of the mortality table (i.e., the age by which all insured individuals are assumed to have died). The Net Level Premium Method is one of these valuation methods.
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The Net Level Premium (NLP) Method has been the traditional method of calculating life insurance reserves used by life insurance companies. Other valuation methods, called "modified reserve methods," have been developed to compensate for an inherent weakness in the NLP method. Under the NLP method, the net valuation premiums remain level over the entire premium paying period. Consequently, the loading included in the gross premium charge, intended to cover policy expenses, is clearly the same amount for each policy year. A life insurance company’s actual policy expenses, however, are not level and, moreover, are significantly higher in the first policy year than in renewal years. The very high first year expenses are a natural consequence of the process of selling and issuing an individual life insurance policy. Agents’ sales commissions are much higher in the first year than in renewal years. There are also first-year non-recurring expenses to underwrite and approve the insurance application, for medical examinations, and for clerical functions to set up initial records and to issue the policy. The total first year expenses generally exceed the expense loading charged in the first year gross premium, and may even exceed the entire first year gross premium. Under the NLP method, the first year net premium is entirely used to cover the assumed mortality costs of that year and establish the first year policy reserve. As a result, the remaining expense loading from the gross premium becomes insufficient to cover first year actual expenses. The life insurance company is then forced to make up this insufficiency by borrowing from its surplus funds, in effect a "surplus loan," which then gets returned to surplus in renewal years as the gross premium expense loading becomes more than sufficient to cover actual renewal year expenses. Normally, this first year new business surplus strain creates little difficulty for well established companies with ample surplus funds. For small or newly established companies with limited surplus, however, this need to draw on surplus to finance new business ( "surplus strain" ) could impair their financial position and their ability to generate new business.
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This situation is alleviated by deploying a modified valuation method that recognizes the decreasing incidence of expenses and provides a greater amount of expense loading in the first policy year than in renewal years. This modification accumulates reserves from a first year net premium that is smaller than the net premiums for renewal years. Under modified reserve methods, the sequence of net level premiums under the NLP method is replaced by a reduced first year net premium followed by a series of increased net level premiums for renewal years over a specified number of years. At the end of the specified modification period, the original net level premiums are restored and full NLP reserves are carried. This modified net premium sequence must be equivalent in actuarial value to the sequence of original unmodified net level premiums, so that the modified reserves will grade up to the NLP reserves. Modified reserve methods produce lower reserves than the NLP method in the first policy year and throughout the entire modification or grading period. The intent of these reserve methods is to reduce the first year net level premium, thereby increasing the amount of the first year expense loading. In effect, the modified method borrows some portion of the first year net premium under the NLP method to partially offset the expense loading insufficiency, and progressively returns the borrowed portion to the reserves in renewal years.
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Several of the recognized modified valuation methods that have been in general use for calculating life insurance reserves are the Full Preliminary Term (FPT) Method; Commissioners’ Reserve Valuation (CRVM) Method; Illinois Method; New Jersey Method; and the Canadian Method.
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The FPT method provides the greatest additional first year expense allowance because its first year net premium covers only the assumed mortality cost of the first year. As a result, the reserve at the end of the first policy year is zero. Thereafter, the modified renewal net premium is exactly the same amount as the net premium under the NLP method for an exactly similar policy issued one year later at an age one year older, and the reserves accumulate accordingly. The FPT method is not appropriate for all types of policies because of excessive additional first year expense allowances for high premium policies, and its application is restricted by state regulatory authorities.
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The other methods listed above are called "modified preliminary term methods," because they all modify in some way the additional first year expense allowance under the FPT method. They differ from each other in the amount of the additional expense allowance and the length of the modification period. The CRVM is significant because it has been adopted by the state regulatory authorities, pursuant to the NAIC Standard Valuation Law, as the prescribed valuation method in defining minimum annual statement reserves for individual life insurance policies. It is also significant for income tax purposes, because it is the prescribed method for calculating life insurance tax reserves for life insurance policies under IRC section 807(d). This is discussed further in text 4.6.3 of this handbook.
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In order to closely regulate life insurance companies in certain areas of their activities, state insurance laws and regulations impose minimum reserve requirements on all reserves reported in company annual statements. The states’ concern is with insurance company solvency and the protection of policyholder interests. Policy reserves for all life insurance policies must, in the aggregate, equal or exceed a total reserve level which is determined by using certain prescribed assumptions for mortality and interest and a prescribed valuation method. These prescribed standards for determining minimum statutory reserves generally follow the provisions of the NAIC Standard Valuation Law and its interpretations. CRVM is the value method model as incorporated in state statutes prescribed by both the NAIC and Federal tax law for defining individual life insurance reserves. The prescribed standards for mortality and interest will vary by line of business and policy issue date. Statutory standards are established to produce conservative minimum reserve levels in keeping with the states’ responsibility to regulate financial solvency. It should be noted, however, that companies are permitted to use any actuarial basis for determining statutory reserves, provided the approach results in aggregate reserves that equal or exceed the minimum reserves produced by the statutory standards.
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Mortality Tables: The life insurance industry conducts ongoing studies of mortality experience under all types of life insurance policies and annuities. For purposes of calculating premiums and reserves, the industry has constructed and published a number of standard mortality tables. A mortality table tabulates annual death rates for each integral age from age 0 (or the earliest significant age) to an arbitrary terminal age, usually around age 100. For ordinary life insurance policy reserves, the mortality tables are, or have been, in common use the Commissioners 1980 Standard Ordinary Tables (1980 CSO); Commissioners 1958 Standard Ordinary Table (1958 CSO); Commissioners 1941 Standard Ordinary Table (1941 CSO); American Experience (AE) Table; and the American Men (AM) Table.
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The 1980 CSO Tables, consisting of separate tables for males and females, are the prescribed mortality standards operative on all life insurance companies for policies issued on or after an "operative date" elected by each company, but where such date could not be later than January 1, 1989. The majority of states had adopted it as their prescribed standard by 1982. Prior to the adoption of the 1980 CSO Tables as the prescribed standard, the 1958 CSO Table had been the prevailing state standard for policies issued in 1960 and later years, although it did not become mandatory in all states until 1966. The 1958 CSO Table is a male mortality table; female mortality rates are assumed by using an age setback to the male death rates, initially recommended to be 3–years. Reserves are typically lower under the 1980 CSO than under the 1958 CSO. Prior to the adoption of the 1958 CSO Table, the 1941 CSO table had been the prevailing standard for policies issued in 1948 and later years.
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Since mortality experience under other types of life insurance contracts and under annuity contracts differs substantially from mortality experience under ordinary life insurance contracts, special mortality tables have been constructed and are used for setting reserves under those other type contracts. A few of those more recent mortality tables are as the Commissioners’ 1961 Standard Industrial Table (Industrial Life Insurance); Commissioners’ 1960 Standard Group Mortality Table (Group Life Insurance); 1971 Individual Annuity Mortality Table (Individual Annuity); 1971 Group Annuity Mortality Table (Group Annuities); 1983 Table "a" (Individual Annuities); and the 1983 Group Annuity Mortality Table (Group Annuities).
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By 1985, the majority of states had adopted, as their prescribed mortality standards for minimum reserves for annuity contracts, the 1983 Table "a" (for Individual Annuities) and the 1983 Group Annuity Mortality Table (for Group Annuities).
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Interest Rates: The Standard Valuation Law prescribes the maximum interest rates that may be used in calculating the minimum reserve standards for life insurance and annuity contracts. Again, this is to ensure that such policy reserves will be conservatively valued. Since life insurance and annuity contracts generally reflect long-term commitments, the effect of the assumed interest rates on their reserves can be highly dramatic. Generally, the higher the interest rate assumption, the lower the required reserve.
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For many years prior to the 1980 Amendments to the Standard Valuation Law, these prescribed maximum interest rates were at very low levels. For example, for all life insurance contracts, the maximum rate ranged from 3.5 to 4.5 percent. In general, annuities were subject to the same low interest rates up until the latter part of the 1970s, when some relief was given by elevating the maximum rate to 7.5 percent for group annuities and for individual single premium immediate annuities. These low interest rate standards were very unrealistic throughout the 1970s when actual interest rates were escalating to all time high levels with double digit rates commonplace. This excessive conservatism was more fully addressed with the 1980 Amendments by introducing a "dynamic" interest rate approach for establishing the maximum statutory rates. The Standard Valuation Law was changed to define a formula method of determining the statutory interest rate, rather that specifying the actual rate, with such formulas reflecting actual yields on seasoned corporate bonds. Thus, commencing with policies issued after 1982, the maximum interest rates will vary by different product features for life insurance and annuities, and these interest rates are subject to change each calendar year. For example, for life insurance policies, the maximum statutory interest rate varies by the number of years of a policy’s guarantee duration, such that for any calendar year of issue there may be three entirely different valuation interest rates that are applicable. By the dynamic formula approach the maximum interest rates are automatically promulgated each year eliminating the need for each state to amend their insurance laws.
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One further component in the calculation of a policy reserve is the timing function. This refers to the assumptions as to the time when claims and premiums will be payable. Normally, it is the practice of life insurance companies to pay death benefits as soon as possible after the death occurs. Premiums, on the other hand, are usually payable at scheduled dates depending on the payment mode elected by the policyholder. However, to facilitate the computation of premiums and reserves, it is customary to make convenient assumptions as to the timing of claims and premiums.
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Curtate Function: Under this function, death benefits are assumed to be paid at the end of the policy year of death, and all annual premiums, irrespective of the actual payment mode, are assumed paid at the beginning of the policy year. This claim payment assumption is convenient because annual death rates, as measured to the end of a year, are exactly calculated from mortality tables.
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Continuous Function: Under this function, death benefits are assumed to be paid at the moment of death, and all annual premiums, irrespective of the actual payment mode, are assumed to be paid uniformly throughout the policy year. This idealized premium payment assumption is particularly convenient when the actual premium mode is quite frequent, such as the weekly mode (under industrial life insurance) or the monthly mode (when paid through a payroll deduction plan). Special actuarial adjustments are made to convert curtate functions to continuous functions. Reserves calculated by continuous functions will be higher than when calculated by curtate functions. The reason for this is that, since, on average death benefits are assumed to be paid one-half year sooner and premiums are assumed to be received one-half year later, additional reserves are needed to compensate for the loss of interest on the death benefit and for the loss of one-half year’s premium during the policy year of death.
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Semi-continuous Functions: Under these functions, either death benefits are assumed to be paid at the moment of death, or annual premiums are assumed to be paid uniformly throughout the policy year.
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For any individual policy, actuarial reserves may be exactly calculated for each policy year as of the end of the policy year. A reserve value at the end of a policy year is called a "terminal" reserve. A reserve value at the beginning of a policy year is called an "initial" reserve, which is simply the sum of the terminal reserve for the preceding policy year plus the net premium for the current policy year. For statutory reporting purposes, however, reserves must be established as of the annual statement’s year-end date, December 31, in total for all policies in force as of that date. Life insurance companies issue policies throughout the calendar year and, as a result, policy anniversaries fall on many different dates. For most of the policies in force, the December 31 valuation date will not coincide with a policy year-end date, but will fall at an interim point during the current policy year. When a policy’s reserve must be valued as of a date that falls between its policy year-ends, the valuation is called an "interim" valuation. Life insurance companies often use approximation methods, which deploy terminal reserves, to conveniently estimate interim reserves for annual statement purposes where large numbers of policies are involved. Three such approximation methods in common use are the Mean Reserve, Mid-Terminal Reserve and Interpolated Reserve methods.
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Mean Reserves: This method assumes that a large group of policies have issue dates evenly distributed throughout the calendar year (so that the "average" anniversary date is July 1, and an average one-half a policy year has elapsed by December 31), and premiums are paid annually at the beginning of the policy year (so that by December 31 it is assumed that every policy has paid a full year’s premium for the current policy year). The mean reserve (or, mid-year reserve) for each policy equals the average (mean) of the current policy year’s initial and terminal reserves. For a large group of policies which do pay annual premiums, the mean method is a reasonable estimate of their total reserves at December 31; and for those annual premium policies which do have a July 1 anniversary date, the mean reserve is the theoretically correct reserve at December 31. For many of the policies in the group that pay their policy year premiums in installments, the mean reserve method’s annual premium assumption overstates the premiums actually paid by December 31 for the current policy year and, thereby, overstates their December 31 reserves. When premiums are paid on a "fractional" or "modal" basis (e.g., semi-annually, quarterly, or monthly) some portion of the total fractional premiums for the current policy year will fall due after December 31, and that portion is called "deferred fractional premiums." To effectively offset the mean method’s inherent reserve overstatement for policies with deferred fractional premiums, statutory reporting requires certain accounting procedures. The total of all gross deferred premiums is compiled and explicitly reported in the annual statement and included in premium income for the current calendar year, gross loading charges are deducted from that income as expenses, and a special asset account is established on the balance sheet as of December 31 equal to the related net valuation deferred premiums (as if the net deferred premiums were amounts receivable). Net valuation deferred premiums are used because the sole purpose of this asset account is to offset the excess net premiums included in the mean reserves. If any deferred fractional premiums are actually paid prior to December 31, they are not included in the deferred premium asset and, under statutory reporting conventions, they are not treated as advance premiums. Moreover, any gross premiums that were due prior to December 31, but uncollected as of that date, are accounted for in the same manner as deferred premiums, with the net portion included in the same asset account. This asset account is identified in the balance sheet as "life insurance premiums deferred and uncollected." Life insurance companies may determine their net deferred and uncollected premiums either on a seriatim basis (i.e., a policy-by-policy listing of gross and net premiums), or on an aggregate basis (i.e., applying group ratios of net to gross deferred and uncollected premiums from historical experience). In the special case where terminal reserves are based on continuous functions, whereby premiums are assumed to be paid uniformly throughout the policy year, the mean reserve is simply the average of the terminal reserves for the preceding and current policy years. There are no adjustments required to these reserves, since the annual premium payment assumption under the mean method does not apply. There are no deferred fractional premiums to adjust for. The mean reserve method is commonly used for computing annual statement reserves for ordinary life insurance policies.
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Mid-Terminal Reserves: Under this method, it is also assumed that the policies in the group have an average anniversary date of July 1 and that one-half a policy year has elapsed by December 31. However, no direct assumption is made as to the amount of current policy year premiums paid in by December 31. Therefore, the mid-terminal reserve is determined as the average (mean) of the terminal reserves for the preceding and current policy years, plus an unearned premium reserve equal to the portion of the modal premium due prior to December 31 which covers the period from December 31 to the next modal premium date. The unearned premium reserve may be based on net valuation premiums or gross premiums, and it may be calculated by using either the exact unearned period or a simplified approximation such as one-half the modal period. Under this method, no deferred fractional premium asset is established. If the policy pays annual premiums, then the mid-terminal method is identical to the mean method when one-half year’s net premium is used as the unearned premium reserve. The mid-terminal reserve method is generally used for computing annual statement reserves for industrial life insurance and for individual health insurance policies.
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Interpolated Reserves: This method introduces a refinement to the mid-terminal reserve method. There is no assumption as to an average anniversary date of July 1. Instead, the actual anniversary date of each policy is taken into account by applying a linear interpolation between the terminal reserves for the preceding and current policy years based on the exact fraction of a year elapsed from the actual anniversary date to December 31. The unearned premium reserve, which is added to the interpolated terminal reserves, is then determined as the exact unearned portion of the net modal premium. As in the case of the mid-terminal method, no deferred fractional premium asset is established, since no direct assumption is made as to the amount of current policy year premiums paid in by December 31. If the policy has an anniversary date of July 1 and it pays annual premiums, then the interpolated reserve method is identical to both the mean and mid-terminal methods. Some companies use the interpolated reserve method for computing annual statement reserves for ordinary life insurance policies as a refinement and to eliminate the need to establish a deferred fractional premium asset.
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The current Federal income tax law relating to life insurance companies was enacted under the Tax Reform Act of 1984 (TRA 1984). Subsequent legislation under the Tax Reform Act of 1986 (TRA 1986), the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) and later Acts amended the original TRA 1984 in many important respects, including significant aspects of reserves. Notwithstanding these revisions, the reserve sections of the Code remain structurally the same as they were originally enacted under TRA 1984.
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Reserves play an extremely important role in the Federal taxation of life insurance companies. Under IRC section 816(a), reserves are the key element in determining whether a company that qualifies to be taxed as an insurance company would further quality to be taxed specifically as a life insurance company. This key element is known as the "reserve ratio test" which requires that "life insurance reserves," as defined by IRC section 816(b), and certain other reserves, must comprise more than half of the life insurance company’s total insurance reserves. Moreover, under IRC section 807, the net increase or decrease during the tax year of these life insurance reserves and certain other reserves directly affect the life insurance company’s taxable income for the year. IRC section 807 also prescribes specific rules as to how life insurance reserves and certain other reserves must be computed for the purpose of determining the increase or decrease in reserves for the year. These computational rules are intended to establish uniform Federal tax standards applicable to all life insurance companies in computing certain reserves for tax deduction purposes, and to limit the level of these reserve deductions. These computational rules were the major change to life insurance company reserves adopted by TRA 1984. The Code definition of life insurance reserves, as those reserves affect the reserve ratio test, and the types of contracts for which life insurance reserves are held, will be discussed in this section. Since the reserves that are used for the reserve ratio test are those held by the company for state regulatory purposes in the annual statement ( "statutory reserves" ), the location of those reserves in the annual statement will be identified. Some examples of those types of reserves which generally qualify as life insurance reserves, and those that generally do not, will be given. The specific rules for reserve computations prescribed by IRC section 807 will then be discussed in text 4.6.3 of this handbook.
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To better appreciate the foundation of the current tax law treatment of life insurance company reserves, we will begin with a brief summary of the history of key Federal tax laws affecting reserves:
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Revenue Act of 1913 —Under this Act, life insurance companies were taxed on their total income from all sources. Since reserves were required to meet policy obligations, the assets held in support of those policy reserves were not available to the company for its free use. Under this Act, therefore, companies were permitted to deduct from income the amount required by state law to be added during the year to its reserve funds.
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Revenue Act of 1921 —Starting with this Act, life insurance companies were taxed only on their investment income. Consequently, it was no longer necessary to allow a deduction for the full increase in reserves. Companies were permitted, however, to deduct from their investment income the amount of interest required to be added to their reserves each year. Under the Act, the deduction was fixed at an interest rate of four percent applied to the company’s mean reserves. This interest rate was then changed periodically thereafter by various tax laws enacted through 1957.
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Life Insurance Company Income Tax Act of 1959 —This Act significantly changed the taxation of life insurance companies effective with the 1958 tax year. Once again companies were taxed on their total income from all sources, but now they were taxed by a complicated three phase structure for determining taxable income. When determining taxable investment income, they were allowed to deduct the policyholder’s share of investment income calculated by specific statutory rules. When determining the gain from operations, the net increase in reserves for the year was deductible, but such deduction was reduced to avoid a double reserve deduction. An important provision in the law also allowed companies which valued their life insurance reserves under a preliminary term method to adjust those reserves for tax purposes to higher net level premium reserves, either by exact recalculation or by statutory approximation rules. This adjustment provision was intended to create tax parity for small or newly formed companies, who typically used preliminary term reserves, with large, well established companies who at that time typically used net level premium reserves. As time passed, most companies adopted preliminary term reserves for their statutory reserves, and then capitalized on the tax adjustment rule to obtain significantly increased tax reserve deductions.
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TRA 1984 —For various reasons, including simplification of the life insurance company tax law, the 1959 Act was repealed and a new tax structure was enacted under TRA 1984, effective with the 1984 tax year. Companies continued to be taxed on their total income, but under a single phase structure consistent with the way other commercial corporations are taxed. Although life insurance companies now receive a deduction for the full annual increase in their reserves, under this Act the law prescribes specific rules, including actuarial methods and factors, for computing life insurance reserves and certain other reserves strictly for the purpose of determining a life insurance company’s taxable income. The definition of life insurance reserves still applies exactly as it did under the 1959 Act, but under TRA 1984 it has practical application only with respect to the reserve ratio test to determine if the insurance company may be taxed as a life company, and to identify that subset of total deductible reserves that must be calculated by the tax law rules.
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Tax Code Definition of Life Insurance Reserves:
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As discussed in text 4.6.1 of this handbook, actuarial reserves are conservative estimates of the amount of funds that must be set aside which, together with future tabular net premiums, will be exactly sufficient to pay the future policy claims as they fall due. The reserve amounts are equal to the present value of future expected benefits less the present value of future tabular net premiums, where the present values are discounted for interest and mortality and, as appropriate, also for morbidity (for example, for disability type benefits).
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The Code contains a precise definition of actuarial reserves for life insurance and annuity benefits and, with certain restrictions, for accident and health (A & H) benefits, and designates these reserves as "life insurance reserves." As defined in IRC section 816(b), life insurance reserves are reserve amounts which satisfy all the following conditions: Must be computed or estimated on the basis of recognized mortality and/or morbidity tables, and assumed rates of interest. Must be set aside to mature or liquidate, by payment or reinsurance, future unaccrued claims. Such future claims must arise under life insurance contracts or annuity contracts, or noncancelable A & H insurance contracts (including life insurance or annuity contracts which are combined with noncancelable A & H insurance). Such future claims must involve at the time the particular reserves are computed, life, accident, or health contingencies (i.e., mortality or morbidity risks). The reserves must be required by law (i.e., by state law, rules
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