ARTICLE
22 August 2018

Tax Court Rejects Captive Insurance Company Status Under 501(C)(15)

Petitioner, a captive insurer domiciled in Anguilla, applied to be a tax-exempt small insurance company under IRC section 501(c)(15), and filed returns on this basis, making an election under IRC section 953(d).
United States Insurance
To print this article, all you need is to be registered or login on Mondaq.com.

Petitioner, a captive insurer domiciled in Anguilla, applied to be a tax-exempt small insurance company under IRC section 501(c)(15), and filed returns on this basis, making an election under IRC section 953(d). The Tax Court concluded this characterization was not appropriate, that Petitioner was not a bona fide insurance company, and that Petitioner should instead be treated as a foreign corporation.

The Tax Court found the reinsurance agreements did not allow Petitioner to effectively distribute risk, and in the absence of risk distribution, "a necessary component of insurance" Petitioner's transactions were not insurance transactions.

Reserve Mechanical Corp. v. Commissioner of Internal Revenue, Docket No. 14545-16 (U.S. Tax Court June 18, 2018)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More