Internal Revenue Code · 26 U.S.C.
§ 832. Insurance company taxable income
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. § 832
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Enacted
- October 16, 1962 by Pub. L. 87–834
- Last amended
- March 23, 2018 by Pub. L. 115–141
- Amendments
- 15 dated changes in the source credit
- Length
- 7 subsections · 4,422 words · about 19 min to read
- Defines
- 18 terms
- Cross-references
- cites 27; cited by 7 Code sections and 22 other regulations
- Regulations
- 6 issued under this section
In the case of an insurance company subject to the tax imposed by section 831, the term “taxable income” means the gross income as defined in subsection (b)(1) less the deductions allowed by subsection (c).
The term “investment income” means the gross amount of income earned during the taxable year from interest, dividends, and rents, computed as follows: To all interest, dividends, and rents received during the taxable year, add interest, dividends, and rents due and accrued at the end of the taxable year, and deduct all interest, dividends, and rents due and accrued at the end of the preceding taxable year.
The term “underwriting income” means the premiums earned on insurance contracts during the taxable year less losses incurred and expenses incurred.
Except as provided in clause (ii), subparagraph (B) shall not apply to any dividend or interest received or accrued on any stock or obligation acquired before August 8, 1986.
The term “prorated amounts” means tax-exempt interest and dividends with respect to which a deduction is allowable under section 243 or 245 (other than 100 percent dividends).
The term “100 percent dividend” means any dividend if the percentage used for purposes of determining the deduction allowable under section 243 or 245(b) is 100 percent.
A dividend received by a foreign corporation from a domestic corporation which would be a 100 percent dividend if section 1504(b)(3) did not apply for purposes of applying section 243(b)(2) shall be treated as a 100 percent dividend.
In the case of any 100 percent dividend paid to an insurance company to which this part applies by any insurance company, the amount of the decrease in the deductions of the payee company by reason of the portion of such dividend attributable to prorated amounts shall be reduced (but not below zero) by the amount of the decrease in the deductions (or increase in income) of the payor company attributable to the application of this section or section 805(a)(4)(A) to such amounts.
The term “expenses incurred” means all expenses shown on the annual statement approved by the National Association of Insurance Commissioners, and shall be computed as follows: To all expenses paid during the taxable year, add expenses unpaid at the end of the taxable year and deduct expenses unpaid at the end of the preceding taxable year. For purposes of this subchapter, the term “expenses unpaid” shall not include any unpaid loss adjustment expenses shown on the annual statement, but such unpaid loss adjustment expenses shall be included in unpaid losses. For the purpose of computing the taxable income subject to the tax imposed by section 831, there shall be deducted from expenses incurred (as defined in this paragraph) all expenses incurred which are not allowed as deductions by subsection (c).
Subparagraph (B) of paragraph (4) shall be applied with respect to insurance contracts described in section 816(b)(1)(B) by substituting “100 percent” for “80 percent” each place it appears in such subparagraph (B), and subparagraph (C) of paragraph (4) shall be applied by not taking such contracts into account.
Except as provided in section 381(c)(22) (relating to carryovers in certain corporate readjustments), if, for any taxable year beginning before January 1, 1993, the taxpayer ceases to be an insurance company taxable under section 831(a), the aggregate adjustments which would be made under paragraph (4)(C) for such taxable year and subsequent taxable years but for such cessation shall be made for the taxable year preceding such cessation year.
The term “undiscounted unearned premiums” means the unearned premiums shown in the yearly statement filed by the taxpayer for the year ending with or within such taxable year.
The term “applicable interest rate” means the annual rate determined under 846(c)(2) for the calendar year in which the premiums are received.
Nothing in this section shall permit the same item to be deducted more than once.
The deduction under paragraph (1) shall be allowed only to the extent that tax and loss bonds are purchased in an amount equal to the tax benefit attributable to such deduction, as determined under regulations prescribed by the Secretary, on or before the date that any taxes (determined without regard to this subsection) due for the taxable year for which the deduction is allowed are due to be paid. If a deduction would be allowed but for the fact that tax and loss bonds were not timely purchased, such deduction shall be allowed to the extent such purchases are made within a reasonable time, as determined by the Secretary, if all interest and penalties, computed as if this sentence did not apply, are paid.
Each company which writes mortgage guaranty insurance shall, for purposes of this part, establish and maintain a mortgage guaranty account.
There shall be added to the mortgage guaranty account for each taxable year an amount equal to the amount allowed as a deduction for the taxable year under paragraph (1).
The provisions of this subsection shall also apply in all respects to a company which writes lease guaranty insurance or insurance on obligations the interest on which is excludable from gross income under section 103. In applying this subsection to such a company, any reference to mortgage guaranty insurance contained in this section shall be deemed to be a reference also to lease guaranty insurance and to insurance on obligations the interest on which is excludable from gross income under section 103; and in the case of insurance on obligations the interest on which is excludable from gross income under section 103, the references in paragraph (1) to “losses resulting from adverse economic cycles” include losses from declining revenues related to such obligations (as well as losses resulting from adverse economic cycles), and the time specified in subparagraph (A) of paragraph (5) shall be the twentieth preceding taxable year.
In the case of an insurance company subject to tax under section 831(a) filing or required to file a consolidated return under section 1501 with respect to any affiliated group for any taxable year, any determination under this part with respect to any dividend paid by one member of such group to another member of such group shall be made as if such group were not filing a consolidated return.
(Aug. 16, 1954, ch. 736, 68A Stat. 264; Mar. 13, 1956, ch. 83, § 3(b), 70 Stat. 48; Pub. L. 87–834, § 8(e)(2)–(5), Oct. 16, 1962, 76 Stat. 997, 998; Pub. L. 88–272, title II, § 228(c), Feb. 26, 1964, 78 Stat. 99; Pub. L. 89–809, title I, § 104(i)(7), Nov. 13, 1966, 80 Stat. 1562; Pub. L. 90–240, § 5(a)–(c), Jan. 2, 1968, 81 Stat. 776, 777; Pub. L. 93–483, § 5, Oct. 26, 1974, 88 Stat. 1458; Pub. L. 94–455, title XIX, §§ 1901(a)(108), (b)(1)(T), (U), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1782, 1792, 1834; Pub. L. 97–248, title II, § 234(b)(2)(A), Sept. 3, 1982, 96 Stat. 503; Pub. L. 98–369, div. A, title II, § 211(b)(9), July 18, 1984, 98 Stat. 755; Pub. L. 99–514, title X, §§ 1021(a), (b), 1022(a), 1023(a), 1024(c)(1)–(6), Oct. 22, 1986, 100 Stat. 2395, 2397, 2399, 2406, 2407; Pub. L. 100–647, title I, § 1010(c), (d)(1), (2), Nov. 10, 1988, 102 Stat. 3451–3453; Pub. L. 101–508, title XI, §§ 11303(a), (b), 11305(a), Nov. 5, 1990, 104 Stat. 1388–450, 1388–451; Pub. L. 104–188, title I, §§ 1702(h)(3), 1704(t)(45), Aug. 20, 1996, 110 Stat. 1873, 1889; Pub. L. 105–34, title X, § 1084(b)(4), Aug. 5, 1997, 111 Stat. 955; Pub. L. 113–295, div. A, title II, § 221(a)(41)(G), (69), Dec. 19, 2014, 128 Stat. 4044, 4048; Pub. L. 115–97, title I, §§ 13001(b)(2)(I), 13515(a), Dec. 22, 2017, 131 Stat. 2096, 2144; Pub. L. 115–141, div. U, title IV, § 401(a)(143), Mar. 23, 2018, 132 Stat. 1191.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
- 100 percent dividend § 832(b)(5)(D)(ii)(I)
- applicable interest rate § 832(b)(8)(C)(ii)
- applicable statutory premium recognition pattern § 832(b)(8)(C)(iii)
- dividends and similar distributions § 832(c)(11)
- expenses incurred § 832(b)(6)
- expenses unpaid § 832(b)(6)
- gross income § 832(b)(1)
- investment income § 832(b)(2)
- losses incurred § 832(b)(5)(A)
- paid or declared § 832(c)(11)
- preceding taxable year § 832(e)(1)(B)
- preceding taxable years § 832(e)(1)(B)
- premiums earned on insurance contracts during the taxable year § 832(b)(4)
- prorated amounts § 832(b)(5)(D)(i)
- savings credited to subscriber accounts § 832(f)(2)
- taxable income § 832(a)
- underwriting income § 832(b)(3)
- undiscounted unearned premiums § 832(b)(8)(C)(i)
Regulations under this section
Treasury regulations (26 CFR) issued under § 832
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 27 other sections
- § 831 Tax on insurance companies other than life insurance companies
- § 816(b) Life insurance company defined
- § 807 Rules for certain reserves
- § 846 Discounted unpaid losses defined
- § 243 Dividends received by corporations
- § 245 Dividends received from certain foreign corporations
- § 805(a)(4)(F) General deductions
- § 264(f) Certain amounts paid in connection with insurance contracts
- § 11(b) Tax imposed
- § 1504(b)(3) Definitions
- § 165(g)(2)(C) Losses
- § 381(c)(22) Carryovers in certain corporate acquisitions
- § 501(c) Exemption from tax on corporations, certain trusts, etc.
- § 835(a) Election by reciprocal
- § 162 Trade or business expenses
- § 163 Interest
- § 164 Taxes
- § 834(b) Determination of taxable investment income
- § 1212 Capital loss carrybacks and carryovers
- § 103 Interest on State and local bonds
- § 167 Depreciation
- § 611 Allowance of deduction for depletion
- § 170 Charitable, etc., contributions and gifts
- § 161 Allowance of deductions
Show 3 more
Cited by 7 Code sections
- § 59A(c)(2)(A)(iii)(II) Tax on base erosion payments of taxpayers with substantial gross receipts
- § 543(c) Personal holding company income
- § 833(a)(3) Treatment of Blue Cross and Blue Shield organizations, etc.
- § 841(2) Credit for foreign taxes
- § 861(a)(7) Income from sources within the United States
- § 953(b)(1)(B) Insurance income
- § 954(i)(2)(B)(i) Foreign base company income
Cited in 22 regulations not issued under it
- § 1.59A-2 Applicable taxpayer.
- § 1.59A-3 Base erosion payments and base erosion tax benefits.
- § 1.197-2 Amortization of goodwill and certain other intangibles.
- § 1.312-6 Earnings and profits.
- § 1.338-11 Effect of section 338 election on insurance company targets.
- § 1.807-4 Adjustment for change in computing reserves.
- § 1.822-10 Amortization of premium and accrual of discount.
- § 1.826-7 Examples.
- § 1.831-1 Tax on insurance companies (other than life or mutual), mutual marine insurance companies, and mutual fire insurance companies issuing perpetual policies.
- § 1.831-3 Tax on insurance companies (other than life or mutual), mutual marine insurance companies, mutual fire insurance companies issuing perpetual policies, and mutual fire or flood insurance companies operating on the basis of premium deposits; taxable years beginning after December 31, 1962.
- § 1.833-1 Medical loss ratio under section 833(c)(5).
- § 1.846-1 Application of discount factors.
- § 1.848-2 Determination of net premiums.
- § 1.861-8 Computation of taxable income from sources within the United States and from other sources and activities.
- § 1.907(c)-1 Definitions relating to FOGEI and FORI (for taxable years beginning after December 31, 1982).
- § 1.952-2 Determination of gross income and taxable income of a foreign corporation.
- § 1.953-1 Income from insurance of United States risks.
- § 1.953-4 Taxable income to which section 953 applies.
- § 1.953-5 Corporations not qualifying as insurance companies.
- § 1.954-8 Foreign base company oil related income.
- § 1.1502-47 Consolidated returns by life-nonlife groups.
- § 301.6511(d)-1 Overpayment of income tax on account of bad debts, worthless securities, etc.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 115–141Parts changed in 2018: (b)(7)(E)(ii)(II)
- Amended by Pub. L. 115–97Parts changed in 2017: (b)(5)(B) (c)(5)
- Amended by Pub. L. 113–295Parts changed in 2014: (b)(5)(B)(ii) (e) (e)(6)
- Amended by Pub. L. 105–34Parts changed in 1997: (b)(5)(B)(iii)
- Amended by Pub. L. 104–188Parts changed in 1996: (b)(5)(C)(ii)(II) (b)(7)(A)
- Amended by Pub. L. 101–508Parts changed in 1990: (b)(4) (b)(5)(A) (b)(7)(A)
- Amended by Pub. L. 100–647Parts changed in 1988: (b)(5)(B)(ii)(II) (b)(7)(C) (b)(7)(D) (e)(5)(A) (e)(5)(B) (g)
- Amended by Pub. L. 99–514Parts changed in 1986: (b)(1)(C) (b)(1)(D) (b)(4) (b)(4)(B) (b)(5)(A) (b)(5)(A)(ii) (b)(5)(B) (b)(6) (b)(7) (c)(5) (c)(11) (f)
- Amended by Pub. L. 98–369Parts changed in 1984: (b)(4)
- Amended by Pub. L. 97–248Parts changed in 1982: (e)(2)
- Amended by Pub. L. 94–455Parts changed in 1976: (b)(1) (c)(5)(A) (c)(12) (e)(2)
- Amended by Pub. L. 93–483Parts changed in 1974: (e)(6)
- Amended by Pub. L. 90–240Parts changed in 1968: (b)(1)(E) (c)(13) (e)
- Amended by Pub. L. 89–809Parts changed in 1966: (d) (e)
- Amended by Pub. L. 88–272Parts changed in 1964: (c)(10)
- Enacted by Pub. L. 87–834Parts changed in 1962: (b)(1)(C) (b)(1)(D) (b)(4) (c)(11)
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter L Insurance Companies
- Part II OTHER INSURANCE COMPANIES
Nearby sections
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.