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26 U.S.C. § 835 — Election by reciprocal

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 835 — Election by reciprocal

**(a) In general** Except as otherwise provided in this section, any mutual insurance company which is an interinsurer or reciprocal underwriter (hereinafter in this section referred to as a “reciprocal”) subject to the taxes imposed by section 831(a) may, under regulations prescribed by the Secretary, elect to be subject to the limitation provided in subsection (b). Such election shall be effective for the taxable year for which made and for all succeeding taxable years, and shall not be revoked except with the consent of the Secretary. **(b) Limitation** The deduction for amounts paid or incurred in the taxable year to the attorney-in-fact by a reciprocal making the election provided in subsection (a) shall be limited to, but in no case increased by, the deductions of the attorney-in-fact allocable, in accordance with regulations prescribed by the Secretary, to the income received by the attorney-in-fact from the reciprocal. **(c) Exception** An election may not be made by a reciprocal under subsection (a) unless the attorney-in-fact of such reciprocal— (1) is subject to the tax imposed by section 11; (2) consents in such manner as the Secretary shall prescribe by regulations to make available such information as may be required during the period in which the election provided in subsection (a) is in effect, under regulations prescribed by the Secretary; (3) reports the income received from the reciprocal and the deductions allocable thereto under the same method of accounting under which the reciprocal reports deductions for amounts paid to the attorney-in-fact; and (4) files its return on the calendar year basis. **(d) Credit** Any reciprocal electing to be subject to the limitation provided in subsection (b) shall be credited with so much of the tax paid by

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Source file: Laws/federal/codes/united-states-code/title-26/section-835-election-by-reciprocal--5709a25c54.md
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Source location: Title 26, Chapter 1, § 835; chapter-001-normal-taxes-and-surtaxes.md

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**(a) In general** Except as otherwise provided in this section, any mutual insurance company which is an interinsurer or reciprocal underwriter (hereinafter in this section referred to as a “reciprocal”) subject to the taxes imposed by section 831(a) may, under regulations prescribed by the Secretary, elect to be subject to the limitation provided in subsection (b). Such election shall be effective for the taxable year for which made and for all succeeding taxable years, and shall not be revoked except with the consent of the Secretary. **(b) Limitation** The deduction for amounts paid or incurred in the taxable year to the attorney-in-fact by a reciprocal making the election provided in subsection (a) shall be limited to, but in no case increased by, the deductions of the attorney-in-fact allocable, in accordance with regulations prescribed by the Secretary, to the income received by the attorney-in-fact from the reciprocal. **(c) Exception** An election may not be made by a reciprocal under subsection (a) unless the attorney-in-fact of such reciprocal— (1) is subject to the tax imposed by section 11; (2) consents in such manner as the Secretary shall prescribe by regulations to make available such information as may be required during the period in which the election provided in subsection (a) is in effect, under regulations prescribed by the Secretary; (3) reports the income received from the reciprocal and the deductions allocable thereto under the same method of accounting under which the reciprocal reports deductions for amounts paid to the attorney-in-fact; and (4) files its return on the calendar year basis. **(d) Credit** Any reciprocal electing to be subject to the limitation provided in subsection (b) shall be credited with so much of the tax paid by the attorney-in-fact as is attributable, under regulations prescribed by the Secretary, to the income received by the attorney-in-fact from the reciprocal in such taxable year. **(e) Benefits of graduated rates denied** Any increase in the taxable income of a reciprocal attributable to the limits provided in subsection (b) shall be taxed at the highest rate of tax specified in section 11(b). **(f) Adjustment for refund** If for any taxable year an attorney-in-fact is allowed a credit or refund for taxes paid with respect to which credit or refund to the reciprocal resulted under subsection (d), the taxes of such reciprocal for such taxable year shall be properly adjusted under regulations prescribed by the Secretary. **(g) Taxes of attorney-in-fact unaffected** Nothing in this section shall increase or decrease the taxes imposed by this chapter on the income of the attorney-in-fact.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 1 — Tax imposed

**(a) Married individuals filing joint returns and surviving spouses** There is hereby imposed on the taxable income of— (1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and (2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $36,90015% of taxable income. Over $36,900 but not over $89,150$5,535, plus 28% of the excess over $36,900. Over $89,150 but not over $140,000$20,165, plus 31% of the excess over $89,150. Over $140,000 but not over $250,000$35,928.50, plus 36% of the excess over $140,000. Over $250,000$75,528.50, plus 39.6% of the excess over $250,000. **(b) Heads of households** There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $29,60015% of taxable income. Over $29,600 but not over $76,400$4,440, plus 28% of the excess over $29,600. Over $76,400 but not over $127,500$17,544, plus 31% of the excess over $76,400. Over $127,500 but not over $250,000$33,385, plus 36% of the excess over $127,500. Over $250,000$77,485, plus 39.6% of the excess over $250,000. **(c) Unmarried individuals (other than surviving spouses and heads of households)** There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $22,10015% of taxable income. Over $22,100 but not over $53,50

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 11 — Tax imposed

**(a) Corporations in general** A tax is hereby imposed for each taxable year on the taxable income of every corporation. **(b) Amount of tax** The amount of the tax imposed by subsection (a) shall be 21 percent of taxable income. **(c) Exceptions** Subsection (a) shall not apply to a corporation subject to a tax imposed by— (1) section 594 (relating to mutual savings banks conducting life insurance business), (2) subchapter L (sec. 801 and following, relating to insurance companies), or (3) subchapter M (sec. 851 and following, relating to regulated investment companies and real estate investment trusts). **(d) Foreign corporations** In the case of a foreign corporation, the taxes imposed by subsection (a) and section 55 shall apply only as provided by section 882.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 831 — Tax on insurance companies other than life insurance companies

**(a) General rule** Taxes computed as provided in section 11 shall be imposed for each taxable year on the taxable income of every insurance company other than a life insurance company. **(b) Alternative tax for certain small companies** (1) **In general** — In lieu of the tax otherwise applicable under subsection (a), there is hereby imposed for each taxable year on the income of every insurance company to which this subsection applies a tax computed by multiplying the taxable investment income of such company for such taxable year by the rates provided in section 11(b). (2) **Companies to which this subsection applies** (A) *In general* — This subsection shall apply to every insurance company other than life if— (i) the net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $2,200,000, (ii) such company meets the diversification requirements of subparagraph (B), and (iii) such company elects the application of this subsection for such taxable year. The election under clause (iii) shall apply to the taxable year for which made and for all subsequent taxable years for which the requirements of clauses (i) and (ii) are met. Such an election, once made, may be revoked only with the consent of the Secretary. (B) *Diversification requirements* (i) *In general* — An insurance company meets the requirements of this subparagraph if— (I) no more than 20 percent of the net written premiums (or, if greater, direct written premiums) of such company for the taxable year is attributable to any one policyholder, or (II) such insurance company does not meet the requirement of subclause (I) and no person who holds (directly or indirectly) an interest in such insurance company is a specified holde

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 501 — Exemption from tax on corporations, certain trusts, etc.

**(a) Exemption from taxation** An organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503. **(b) Tax on unrelated business income and certain other activities** An organization exempt from taxation under subsection (a) shall be subject to tax to the extent provided in parts II, III, and VI of this subchapter, but (notwithstanding parts II, III, and VI of this subchapter) shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes. **(c) List of exempt organizations** The following organizations are referred to in subsection (a): (1) Any corporation organized under Act of Congress which is an instrumentality of the United States but only if such corporation— (A) is exempt from Federal income taxes— (i) under such Act as amended and supplemented before July 18, 1984, or (ii) under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act, or (B) is described in subsection (l). (2) Corporations organized for the exclusive purpose of holding title to property, collecting income therefrom, and turning over the entire amount thereof, less expenses, to an organization which itself is exempt under this section. Rules similar to the rules of subparagraph (G) of paragraph (25) shall apply for purposes of this paragraph. (3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 501

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 818 — Other definitions and special rules

**(a) Pension plan contracts** For purposes of this part, the term “pension plan contract” means any contract— (1) entered into with trusts which (as of the time the contracts were entered into) were deemed to be trusts described in section 401(a) and exempt from tax under section 501(a) (or trusts exempt from tax under section 165 of the Internal Revenue Code of 1939 or the corresponding provisions of prior revenue laws); (2) entered into under plans which (as of the time the contracts were entered into) were deemed to be plans described in section 403(a), or plans meeting the requirements of paragraphs (3), (4), (5), and (6) of section 165(a) of the Internal Revenue Code of 1939; (3) provided for employees of the life insurance company under a plan which, for the taxable year, meets the requirements of paragraphs (3), (4), (5), (6), (7), (8), (11), (12), (13), (14), (15), (16), (17), (19), (20), (22), (26), and (27) of section 401(a); (4) purchased to provide retirement annuities for its employees by an organization which (as of the time the contracts were purchased) was an organization described in section 501(c)(3) which was exempt from tax under section 501(a) (or was an organization exempt from tax under section 101(6) of the Internal Revenue Code of 1939 or the corresponding provisions of prior revenue laws), or purchased to provide retirement annuities for employees described in section 403(b)(1)(A)(ii) by an employer which is a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing; (5) entered into with trusts which (at the time the contracts were entered into) were individual retirement accounts described in section 408(a) or under contracts entered into with individual retirement annuities describe

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 818

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 835 — Election by reciprocal

Page 1940 TITLE 26—INTERNAL REVENUE CODE § 835 definitions, read as follows: ‘‘For purposes of this part— ‘‘(1) The term ‘taxable investment income’ means the gross investment income, minus the deductions provided in subsection (c). ‘‘(2) The term ‘investment loss’ means the amount by which the deductions provided in subsection (c) ex- ceed the gross investment income.’’ Subsec. (d). Pub. L. 99–514, § 1024(c)(8), substituted ‘‘section 831’’ for ‘‘section 821’’ in pars. (1) and (2), and inserted ‘‘except in the case of discount which is origi- nal issue discount (as defined in section 1273)’’ at end of last sentence in par. 1976—Subsec. (c)(2). Pub. L. 94–455, § 1901(b)(1)(P), struck out ‘‘partially tax-exempt interest and’’ before ‘‘dividends received allowed by’’. Subsec. (c)(5). Pub. L. 94–455, § 1901(a)(105)(A), struck out ‘‘(other than obligations of the United States issued after September 24, 1917, and originally sub- scribed for by the taxpayer)’’ after ‘‘purchase or carry obligations’’. Subsec. (c)(6)(A). Pub. L. 94–455, § 1901(b)(1)(Q), struck out ‘‘or to the deduction provided in section 242 for par- tially tax-exempt interest’’ after ‘‘exchanges of capital assets’’. Subsec. (c)(7). Pub. L. 94–455, § 1901(b)(1)(R), struck out ‘‘partially tax-exempt interest and to’’ after ‘‘and following, relating to’’. Subsec. (d)(2). Pub. L. 94–455, §§ 1901(a)(105)(B), (b)(1)(S), 1906(b)(13)(A), struck out in subpar. (B) ‘‘or his delegate’’ after ‘‘Secretary’’ and substituted in provi- sions preceding subpar. (A) ‘‘and the deduction provided in subsection (c)(1)’’ for ‘‘, the deduction provided in subsection (c)(1), and the deduction allowed by section 242 (relating to partially tax-exempt interest)’’ and in provisions following subpar. (B) ‘

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