§ 842.
(b)
Minimum effectively connected net investment income
(1)
In general
In the case of a foreign company taxable under part I or II of this subchapter for the taxable year, its net investment income for such year which is effectively connected with the conduct of an insurance business within the United States shall be not less than the product of—
(A)
the required United States assets of such company, and
(B)
the domestic investment yield applicable to such company for such year.
(2)
Required U.S. assets
(A)
In general
For purposes of paragraph (1), the required United States assets of any foreign company for any taxable year is an amount equal to the product of—
(i)
the mean of such foreign company’s total insurance liabilities on United States business, and
(ii)
the domestic asset/liability percentage applicable to such foreign company for such year.
(B)
Total insurance liabilities
For purposes of this paragraph—
(i)
Companies taxable under part I
(ii)
Companies taxable under part II
(C)
Domestic asset/liability percentage
The domestic asset/liability percentage applicable for purposes of subparagraph (A)(ii) to any foreign company for any taxable year is a percentage determined by the Secretary on the basis of a ratio—
(i)
the numerator of which is the mean of the assets of domestic insurance companies taxable under the same part of this subchapter as such foreign company, and
(ii)
the denominator of which is the mean of the total insurance liabilities of the same companies.
(3)
Domestic investment yield
The domestic investment yield applicable for purposes of paragraph (1)(B) to any foreign company for any taxable year is the percentage determined by the Secretary on the basis of a ratio—
(A)
the numerator of which is the net investment income of domestic insurance companies taxable under the same part of this subchapter as such foreign company, and
(B)
the denominator of which is the mean of the assets of the same companies.
(4)
Election to use worldwide yield
(B)
Worldwide current investment yield
For purposes of subparagraph (A), the term “worldwide current investment yield” means the percentage obtained by dividing—
(i)
the net investment income of the company from all sources, by
(ii)
the mean of all assets of the company (whether or not held in the United States).
(5)
Net investment income
For purposes of this subsection, the term “net investment income” means—
(A)
gross investment income (within the meaning of section 834(b)), reduced by
(B)
expenses allocable to such income.
(d)
Regulations
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations—
(1)
providing for the proper treatment of segregated asset accounts,
(2)
providing for proper adjustments in succeeding taxable years where the company’s actual net investment income for any taxable year which is effectively connected with the conduct of an insurance business within the United States exceeds the amount required under subsection (b)(1),
(3)
providing for the proper treatment of investments in domestic subsidiaries, and
(4)
which may provide that, in the case of companies taxable under part II of this subchapter, determinations under subsection (b) will be made separately for categories of such companies established in such regulations.
([Aug. 16, 1954, ch. 736], [68A Stat. 267]; [Mar. 13, 1956, ch. 83, § 5(5)], [70 Stat. 49]; [Pub. L. 86–69, § 3(f)(1)], June 25, 1959, [73 Stat. 140]; [Pub. L. 89–809, title I, § 104(i)(1)], Nov. 13, 1966, [80 Stat. 1561]; [Pub. L. 99–514, title X, § 1024(c)(11)], Oct. 22, 1986, [100 Stat. 2408]; [Pub. L. 100–203, title X, § 10242(a)], Dec. 22, 1987, [101 Stat. 1330–420]; [Pub. L. 100–647, title II, § 2004(q)(2)], (3), Nov. 10, 1988, [102 Stat. 3609]; [Pub. L. 101–239, title VII, § 7821(d)(2)], Dec. 19, 1989, [103 Stat. 2424]; [Pub. L. 108–218, title II, § 205(b)(6)], Apr. 10, 2004, [118 Stat. 610]; [Pub. L. 115–97, title I, § 13512(b)(7)], Dec. 22, 2017, [131 Stat. 2143].)