The North West Life Assurance Company of Canada - Page 44

                                               - 44 -                                                  

            (applying from years 1959 through 1983) and 813 of the Internal                            
            Revenue Code of 1954, as amended, and section 813 of the Internal                          
            Revenue Code of 198614 (applying from years 1984 through 1987).                            

            13(...continued)                                                                           
                              (B) the means of the amount of such reserves                             
                        computed at that rate at the beginning and end of                              
                        the taxable year.                                                              
            The Life Insurance Company Income Tax Act of 1959, Pub. L. 86-69,                          
            sec. 2, 73 Stat. 136, added sec. 819(b), which required the same                           
            adjustment as sec. 819(a) except that the minimum figure was                               
            determined by multiplying the foreign life insurance company's                             
            total insurance liabilities on U.S. business by 9 percent  for                             
            tax years beginning before January 1, 1959 and by an annual                                
            percentage determined by the Treasury for tax years thereafter.                            
            The Foreign Investors Act of 1966, Pub. L. 89-809, sec. 104,                               
            104(i)(3), 80 Stat. 1539, 1561, redesignated the adjustment                                
            provision as sec. 819(a) for tax years beginning after 1966.                               
            From 1966 until 1983, sec. 819(a) remained unchanged except for                            
            minor changes, which are not relevant to the instant case.                                 
            14Sec. 813 provided in pertinent part:                                                     
                  (a) Adjustment where surplus held in the United States                               
                  is less than specified minimum--                                                     
                  (1) In general.--In the case of any foreign company                                  
                  taxable under this part, if--                                                        
                        (A) the required surplus determined under                                      
                  paragraph (2), exceeds                                                               
                        (B) the surplus held in the United States,                                     
                  then its income effectively connected with the conduct                               
                  of an insurance business within the United States shall                              
                  be increased by an amount determined by multiplying                                  
                  such excess by such company's current investment yield.                              
                  * * *                                                                                
                  (2) Required surplus.--For purposes of this subsection--                             
                        (A) In general.--The term "required surplus" means                             
                                                                         (continued...)                




Page:  Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  Next

Last modified: May 25, 2011