PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-894 (B) EXEMPT INSURANCE INCOME.—Section 953 (relating to insurance income) is amended bj'^ adding at the end the following new subsection: "(e) EXEMPT INSURANCE INCOME. —For purposes of this section— " (1) EXEMPT INSURANCE INCOME DEFINED.— "(A) IN GENERAL.— The term 'exempt insurance income' means income derived by a qualif^dng insurance company which— "(i) is attributable to the issuing (or reinsuring) of an exempt contract by such company or a qualifying insurance company branch of such company, and "(ii) is treated as earned by such company or branch in its home country for purposes of such countrys tax laws. "(B) EXCEPTION FOR CERTAIN ARRANGEMENTS.—Such term shall not include income attributable to the issuing (or reinsuring) of an exempt contract as the result of any arrangement whereby another corporation receives a substantially equal amount of premiums or other consideration in respect of issuing (or reinsuring) a contract which is not an exempt contract. "(C) DETERMINATIONS MADE SEPARATELY. — For purposes of this subsection and section 954(i), the exempt insurance income and exempt contracts of a qualifying insurance company or any qualifying insurance company branch of such company shall be determined separately for such company and each such branch by taking into account— "(i) in the case of the qualifying insurance company, only items of income, deduction, gain, or loss, and activities of such company not properly allocable or attributable to any qualifying insurance company branch of such company, and "(ii) in the case of a qualifying insurance company branch, only items of income, deduction, gain, or loss and activities properly allocable or attributable to such branch. "(2) EXEMPT CONTRACT. — "(A) IN GENERAL.—The term 'exempt contract' means an insurance or annuity contract issued or reinsured by a qualif3ring insurance company or qualifying insurance company branch in connection with property in, liability arising out of activity in, or the lives or health of residents of, a country other than the United States. "(B) MINIMUM HOME COUNTRY INCOME REQUIRED.— "(i) IN GENERAL. —No contract of a qualifying insurance company or of a qualifying insurance company branch shall be treated as an exempt contract unless such company or branch derives more than 30 percent of its net written premiums fiom exempt contracts (determined without regard to this subparagraph)— "(I) which cover applicable home country risks, and "(II) with respect to v^^hich no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(d)(3)).
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