Internal Revenue Code · 26 U.S.C.

§ 817A. Special rules for modified guaranteed contracts

In force Text current through Public Law 119-121 (October 9, 2026) release point 119-121

Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).

Cite as 26 U.S.C. § 817A

At a glance

Read from the text, the source credit and the official notes. Not part of the law.

Status: In force
Added: August 20, 1996 by Pub. L. 104–188
Last amended: December 22, 2017 by Pub. L. 115–97
Amendments: 1 dated changes in the source credit
Length: 5 subsections · 577 words · about 3 min to read
Defines: 2 terms
Cross-references: cites 7; cited by 0 Code sections and 3 other regulations
Regulations: 2 issued under this section

¶(a) Computation of reserves

In the case of a modified guaranteed contract, clause (ii) of section 807(e)(1)(A) shall not apply.

¶(b) Segregated assets under modified guaranteed contracts marked to market

¶(1) In general In the case of any life insurance company, for purposes of this subtitle—

¶(A) Any gain or loss with respect to a segregated asset shall be treated as ordinary income or loss, as the case may be.

¶(B) If any segregated asset is held by such company as of the close of any taxable year—

¶(i) such company shall recognize gain or loss as if such asset were sold for its fair market value on the last business day of such taxable year, and

¶(ii) any such gain or loss shall be taken into account for such taxable year.

Proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under the preceding sentence. The Secretary may provide by regulations for the application of this subparagraph at times other than the times provided in this subparagraph.

¶(2) Segregated asset

For purposes of paragraph (1), the term “segregated asset” means any asset held as part of a segregated account referred to in subsection (d)(1) under a modified guaranteed contract.

¶(c) Special rule in computing life insurance reserves

For purposes of applying section 816(b)(1)(A) to any modified guaranteed contract, an assumed rate of interest shall include a rate of interest determined, from time to time, with reference to a market rate of interest.

¶(d) Modified guaranteed contract defined For purposes of this section, the term “modified guaranteed contract” means a contract not described in section 817—

¶(1) all or part of the amounts received under which are allocated to an account which, pursuant to State law or regulation, is segregated from the general asset accounts of the company and is valued from time to time with reference to market values,

¶(2) which—

¶(A) provides for the payment of annuities,

¶(B) is a life insurance contract, or

¶(C) is a pension plan contract which is not a life, accident, or health, property, casualty, or liability contract,

¶(3) for which reserves are valued at market for annual statement purposes, and

¶(4) which provides for a net surrender value or a policyholder’s fund (as defined in section 807(e)(1)).

If only a portion of a contract is not described in section 817, such portion shall be treated for purposes of this section as a separate contract.

¶(e) Regulations The Secretary may prescribe regulations—

¶(1) to provide for the treatment of market value adjustments under sections 72, 7702, 7702A, and 807(e)(1)(B),

¶(2) to determine the interest rates applicable under sections 807(c)(3) and 807(d)(2)(B) with respect to a modified guaranteed contract annually, in a manner appropriate for modified guaranteed contracts and, to the extent appropriate for such a contract, to modify or waive the applicability of section 811(d),

¶(3) to provide rules to limit ordinary gain or loss treatment to assets constituting reserves for modified guaranteed contracts (and not other assets) of the company,

¶(4) to provide appropriate treatment of transfers of assets to and from the segregated account, and

¶(5) as may be necessary or appropriate to carry out the purposes of this section.

(Added Pub. L. 104–188, title I, § 1612(a), Aug. 20, 1996, 110 Stat. 1846; amended Pub. L. 115–97, title I, § 13518(b), Dec. 22, 2017, 131 Stat. 2148.)

Terms defined here

Where the text says “the term … means”. Select a term to jump to its definition.

modified guaranteed contract § 817A(d)
segregated asset § 817A(b)(2)

Regulations under this section

Treasury regulations (26 CFR) issued under § 817A

Cross-references

Computed from the citations in the text of Title 26 and 26 CFR.

This section cites 7 other sections

Cited in 3 regulations not issued under it

Amendment history

From the source credit and the official notes, newest first.

December 22, 2017Amended by Pub. L. 115–97Parts changed in 2017: (e)(2)
August 20, 1996Added by Pub. L. 104–188

Where it sits in the Code

Nearby sections

§ 816 Life insurance company defined
§ 817 Treatment of variable contracts
§ 817A Special rules for modified guaranteed contracts
§ 818 Other definitions and special rules

Official notes

Show the Law Revision Counsel's notes (amendments, effective dates)

Editorial Notes

Amendments

2017—Subsec. (e)(2). Pub. L. 115–97 substituted “and 807(d)(2)(B)” for “, 807(d)(2)(B), and 812”.

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 13518(c) of Pub. L. 115–97, set out as a note under section 812 of this title.

Effective Date

Pub. L. 104–188, title I, § 1612(c), Aug. 20, 1996, 110 Stat. 1847, provided that:

“(1) In general.— The amendments made by this section [enacting this section] shall apply to taxable years beginning after December 31, 1995.

“(2) Treatment of net adjustments.— Except as provided in paragraph (3), in the case of any taxpayer required by the amendments made by this section to change its calculation of reserves to take into account market value adjustments and to mark segregated assets to market for any taxable year—
“(A) such changes shall be treated as a change in method of accounting initiated by the taxpayer,
“(B) such changes shall be treated as made with the consent of the Secretary, and
“(C) the adjustments required by reason of section 481 of the Internal Revenue Code of 1986, shall be taken into account as ordinary income by the taxpayer for the taxpayer’s first taxable year beginning after December 31, 1995.

“(3) Limitation on loss recognition and on deduction for reserve increases.—
“(A) Limitation on loss recognition.—
“(i) In general.— The aggregate loss recognized by reason of the application of section 481 of the Internal Revenue Code of 1986 with respect to section 817A(b) of such Code (as added by this section) for the first taxable year of the taxpayer beginning after December 31, 1995, shall not exceed the amount included in the taxpayer’s gross income for such year by reason of the excess (if any) of—
“(I) the amount of life insurance reserves as of the close of the prior taxable year, over
“(II) the amount of such reserves as of the beginning of such first taxable year,
to the extent such excess is attributable to subsection (a) of such section 817A. Notwithstanding the preceding sentence, the adjusted basis of each segregated asset shall be determined as if all such losses were recognized.
“(ii) Disallowed loss allowed over period.— The amount of the loss which is not allowed under clause (i) shall be allowed ratably over the period of 7 taxable years beginning with the taxpayer’s first taxable year beginning after December 31, 1995.
“(B) Limitation on deduction for increase in reserves.—
“(i) In general.— The deduction allowed for the first taxable year of the taxpayer beginning after December 31, 1995, by reason of the application of section 481 of such Code with respect to section 817A(a) of such Code (as added by this section) shall not exceed the aggregate built-in gain recognized by reason of the application of such section 481 with respect to section 817A(b) of such Code (as added by this section) for such first taxable year.
“(ii) Disallowed deduction allowed over period.— The amount of the deduction which is disallowed under clause (i) shall be allowed ratably over the period of 7 taxable years beginning with the taxpayer’s first taxable year beginning after December 31, 1995.
“(iii) Built-in gain.— For purposes of this subparagraph, the built-in gain on an asset is the amount equal to the excess of—
“(I) the fair market value of the asset as of the beginning of the first taxable year of the taxpayer beginning after December 31, 1995, over
“(II) the adjusted basis of such asset as of such time.”