§846 — Title 26 Internal Revenue Code | U.S. Code

Summary

Requires insurers to report a "discounted unpaid losses" number at the end of each tax year. Insurers must add up the present values of unpaid claims for each accident year and each line of business. To get present value, they use three things: the unpaid losses shown on the insurer’s annual statement, an interest rate set by the Treasury for the calendar year (based on the corporate bond yield curve using a 60‑month period), and a loss‑payment pattern set by the Treasury. The discounted amount for any line and accident year cannot be larger than the unpaid losses the company reported on its annual statement. The Treasury sets loss‑payment patterns every determination year (calendar year 1987 and every 5th year after) using recent aggregate annual‑statement data. Most lines assume payments in the accident year plus the next 3 years. Auto liability, other liability, medical malpractice, workers’ compensation, and multiple peril lines use the accident year plus 10 years, with special rules for amounts after year 10 and a final catch‑up by year 24. Special rules apply for disability income and other accident & health lines. Definitions: accident year = year the loss happened; unpaid losses = unpaid claims and adjustment expenses; annual statement = the NAIC form insurers file; line of business = reporting category for fire/casualty; multiple peril lines = farmowners, homeowners, commercial multiple peril, ocean marine, aircraft (all perils), and boiler and machinery. The Treasury must write rules for reinsurance and non‑calendar tax years.

Title 26, §846

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)The amount of the discounted unpaid losses as of the end of any taxable year shall be the sum of the discounted unpaid losses (as of such time) separately computed under this section with respect to unpaid losses in each line of business attributable to each accident year.

(2)The amount of the discounted unpaid losses as of the end of any taxable year attributable to any accident year shall be the present value of such losses (as of such time) determined by using—

(A)the amount of the undiscounted unpaid losses as of such time,

(B)the applicable interest rate, and

(C)the applicable loss payment pattern.

(3)In no event shall the amount of the discounted unpaid losses with respect to any line of business attributable to any accident year exceed the aggregate amount of unpaid losses with respect to such line of business for such accident year included on the annual statement filed by the taxpayer for the year ending with or within the taxable year.

(4)In determining the amount of the discounted unpaid losses attributable to any accident year—

(A)the applicable interest rate shall be the interest rate determined under subsection (c) for the calendar year with which such accident year ends, and

(B)the applicable loss payment pattern shall be the loss payment pattern determined under subsection (d) which is in effect for the calendar year with which such accident year ends.

(b)For purposes of this section—

(1)Except as otherwise provided in this subsection, the term “undiscounted unpaid losses” means the unpaid losses shown in the annual statement filed by the taxpayer for the year ending with or within the taxable year of the taxpayer.

(2)If—

(A)the amount of unpaid losses shown in the annual statement is determined on a discounted basis, and

(B)the extent to which the losses were discounted can be determined on the basis of information disclosed on or with the annual statement,

(c)(1)For purposes of this section, the rate of interest determined under this subsection shall be the annual rate determined by the Secretary under paragraph (2).

(2)The annual rate determined by the Secretary under this paragraph for any calendar year shall be a rate determined on the basis of the corporate bond yield curve (as defined in section 430(h)(2)(D)(i), determined by substituting “60-month period” for “24-month period” therein).

(d)(1)For each determination year, the Secretary shall determine a loss payment pattern for each line of business by reference to the historical loss payment pattern applicable to such line of business. Any loss payment pattern determined by the Secretary shall apply to the accident year ending with the determination year and to each of the 4 succeeding accident years.

(2)Determinations under paragraph (1) for any determination year shall be made by the Secretary—

(A)by using the aggregate experience reported on the annual statements of insurance companies,

(B)on the basis of the most recent published aggregate data from such annual statements relating to loss payment patterns available on the 1st day of the determination year,

(C)as if all losses paid or treated as paid during any year are paid in the middle of such year, and

(D)in accordance with the computational rules prescribed in paragraph (3).

(3)For purposes of this subsection—

(A)Except as otherwise provided in this paragraph, the loss payment pattern for any line of business shall be based on the assumption that all losses are paid—

(i)during the accident year and the 3 calendar years following the accident year, or

(ii)in the case of any line of business reported in the schedule or schedules of the annual statement relating to auto liability, other liability, medical malpractice, workers’ compensation, and multiple peril lines, during the accident year and the 10 calendar years following the accident year.

(B)(i)In the case of any line of business not described in subparagraph (A)(ii), losses paid after the 1st year following the accident year shall be treated as paid equally in the 2nd and 3rd year following the accident year.

(ii)(I)The period taken into account under subparagraph (A)(ii) shall be extended to the extent required under subclause (II).

(II)The amount of losses which would have been treated as paid in the 10th year after the accident year shall be treated as paid in such 10th year and each subsequent year in an amount equal to the amount of the average of the losses treated as paid in the 7th, 8th, and 9th years after the accident year (or, if lesser, the portion of the unpaid losses not theretofore taken into account). To the extent such unpaid losses have not been treated as paid before the 24th year after the accident year, they shall be treated as paid in such 24th year.

(4)For purposes of this section, the term “determination year” means calendar year 1987 and each 5th calendar year thereafter.

(e)For purposes of this section—

(1)The term “accident year” means the calendar year in which the incident occurs which gives rise to the related unpaid loss.

(2)The term “unpaid losses” includes any unpaid loss adjustment expenses shown on the annual statement.

(3)The term “annual statement” means the annual statement approved by the National Association of Insurance Commissioners which the taxpayer is required to file with insurance regulatory authorities of a State.

(4)The term “line of business” means a category for the reporting of loss payment patterns determined on the basis of the annual statement for fire and casualty insurance companies for the calendar year ending with or within the taxable year, except that the multiple peril lines shall be treated as a single line of business.

(5)The term “multiple peril lines” means the lines of business relating to farmowners multiple peril, homeowners multiple peril, commercial multiple peril, ocean marine, aircraft (all perils) and boiler and machinery.

(6)Any determination under subsection (a) with respect to unpaid losses relating to accident and health insurance lines of businesses (other than credit disability insurance) shall be made—

(A)in the case of unpaid losses relating to disability income, by using the general rules prescribed under section 807(d) applicable to noncancellable accident and health insurance contracts and using a mortality or morbidity table reflecting the taxpayer’s experience; except that the limitation of subsection (a)(3) shall apply, and

(B)in all other cases, by using an assumption (in lieu of a loss payment pattern) that unpaid losses are paid in the middle of the year following the accident year.

(f)The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including—

(1)regulations providing proper treatment of allocated reinsurance, and

(2)regulations providing appropriate adjustments in the application of this section to a taxpayer having a taxable year which is not the calendar year.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (c)(2). Pub. L. 115–97, § 13523(a), amended par. (2) generally. Prior to amendment, text read as follows: “(A) In general.—The annual rate determined by the Secretary under this paragraph for any calendar year shall be a rate equal to the average of the applicable Federal mid-term rates (as defined in section 1274(d) but based on annual compounding) effective as of the beginning of each of the calendar months in the test period. “(B) Test period.—For purposes of subparagraph (A), the test period is the most recent 60-calendar-month period ending before the beginning of the calendar year for which the determination is made; except that there shall be excluded from the test period any month beginning before August 1, 1986.” Subsec. (d)(3)(B) to (G). Pub. L. 115–97, § 13523(b), added subpar. (B) and struck out former subpars. (B) to (G) which related to treatment of certain losses, special rule for certain long-tail lines, long-tail line of business, special rule for international and reinsurance lines of business, adjustments if loss experience information available for longer periods, and special rule for 9th year if negative or zero, respectively. Subsecs. (e), (f). Pub. L. 115–97, § 13523(c), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which related to election to use company’s historical payment pattern. Subsec. (f)(6)(A). Pub. L. 115–97, § 13517(b)(3), substituted “except that the limitation of subsection (a)(3) shall apply, and” for “except that— “(i) the prevailing State assumed interest rate shall be the rate in effect for the year in which the loss occurred rather than the year in which the contract was issued, and “(ii) the limitation of subsection (a)(3) shall apply in lieu of the limitation of the last sentence of section 807(d)(1), and”. Subsec. (g). Pub. L. 115–97, § 13523(c), redesignated subsec. (g) as (f). 1990—Subsec. (g). Pub. L. 101–508 inserted “and” at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which required

Regulations

providing proper treatment of salvage and reinsurance recoverable attributable to unpaid losses. 1988—Subsec. (f)(6)(B). Pub. L. 100–647, § 1010(e)(1), substituted “paid in the middle of the year” for “paid during the year”. Subsec. (g)(3). Pub. L. 100–647, § 1010(e)(2), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by section 13517(b)(3) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, with transition rule and transition relief, see section 13517(c) of Pub. L. 115–97, set out as a note under section 807 of this title. Pub. L. 115–97, title I, § 13523(d), Dec. 22, 2017, 131 Stat. 2152, provided that: “The

Amendments

made by this section [amending this section] shall apply to taxable years beginning after December 31, 2017.”

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–508 applicable to taxable years beginning after Dec. 31, 1989, see section 11305(c)(1) of Pub. L. 101–508, set out as a note under section 832 of this title.

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.

Effective Date

Pub. L. 99–514, title X, § 1023(e), Oct. 22, 1986, 100 Stat. 2404, as amended by Pub. L. 100–647, title I, § 1010(e)(3), Nov. 10, 1988, 102 Stat. 3453, provided that: “(1) In general.—The

Amendments

made by this section [enacting this section and amending section 807 and 832 of this title] shall apply to taxable years beginning after

December 31, 1986. “(2) Transitional rule.—For the first taxable year beginning after

December 31, 1986—“(A) the unpaid losses and the expenses unpaid (as defined in paragraphs (5)(B) and (6) of section 832(b) of the Internal Revenue Code of 1986) at the end of the preceding taxable year, and “(B) the unpaid losses as defined in section 807(c)(2) and 805(a)(1) of such Code at the end of the preceding taxable year, shall be determined as if the

Amendments

made by this section had applied to such unpaid losses and expenses unpaid in the preceding taxable year and by using the interest rate and loss payment patterns applicable to accident years ending with calendar year 1987. For subsequent taxable years, such

Amendments

shall be applied with respect to such unpaid losses and expenses unpaid by using the interest rate and loss payment patterns applicable to accident years ending with calendar year 1987. “(3) Fresh start.—“(A) In general.—Except as otherwise provided in this paragraph, any difference between—“(i) the amount determined to be the unpaid losses and expenses unpaid for the year preceding the 1st taxable year of an insurance company beginning after

December 31, 1986, determined without regard to paragraph (2), and “(ii) such amount determined with regard to paragraph (2), shall not be taken into account for purposes of the Internal Revenue Code of 1986. “(B) Reserve strengthening in years after 1985.—Subparagraph (A) shall not apply to any reserve strengthening in a taxable year beginning in 1986, and such strengthening shall be treated as occurring in the taxpayer’s 1st taxable year beginning after

December 31, 1986. “(C) Effect on earnings and profits.—The earnings and profits of any insurance company for its 1st taxable year beginning after

December 31, 1986, shall be increased by the amount of the difference determined under subparagraph (A) with respect to such company. “(4) Application of fresh start to companies which become subject to section 831(a) tax in later taxable year.—If—“(A) an insurance company was not subject to tax under section 831(a) of the Internal Revenue Code of 1986 for its 1st taxable year beginning after

December 31, 1986, by reason of being—“(i) subject to tax under section 831(b) of such Code, or “(ii) described in section 501(c) of such Code and exempt from tax under section 501(a) of such Code, and “(B) such company becomes subject to tax under such section 831(a) for any later taxable year, paragraph (2) and subparagraphs (A) and (C) of paragraph (3) shall be applied by treating such later taxable year as its 1st taxable year beginning after

December 31, 1986, and by treating the calendar year in which such later taxable year begins as 1987; and paragraph (3)(B) shall not apply.” Transitional Rule Pub. L. 115–97, title I, § 13523(e), Dec. 22, 2017, 131 Stat. 2152, provided that: “For the first taxable year beginning after

December 31, 2017—“(1) the unpaid losses and the expenses unpaid (as defined in paragraphs (5)(B) and (6) of section 832(b) of the Internal Revenue Code of 1986) at the end of the preceding taxable year, and “(2) the unpaid losses as defined in section 807(c)(2) and 805(a)(1) of such Code at the end of the preceding taxable year, shall be determined as if the

Amendments

made by this section [amending this section] had applied to such unpaid losses and expenses unpaid in the preceding taxable year and by using the interest rate and loss payment patterns applicable to accident years ending with calendar year 2018, and any adjustment shall be taken into account ratably in such first taxable year and the 7 succeeding taxable years. For subsequent taxable years, such

Amendments

shall be applied with respect to such unpaid losses and expenses unpaid by using the interest rate and loss payment patterns applicable to accident years ending with calendar year 2018.”

§846 Discounted unpaid losses defined

Summary

Title 26, §846

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