The North West Life Assurance Company of Canada - Page 71

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                  In addition, the calculation of the investment yield under                           
            section 842(b)(4) is substantially similar to the computation                              
            under prior section 819(a).  The earnings rate of section                                  
            819(a)(1)(B) was determined by dividing the investment yield for                           
            the entire company (not just the U.S. branch) by the mean of all                           
            the company's assets.3  The election available to taxpayers under                          
            section 842(b)(4) also calculates investment yield using the                               
            company's own worldwide figures.4  Section 842(b)(4) calculates                            
            the company's worldwide investment yield by dividing the net                               
            investment income of the company from all sources by the mean of                           
            all the company's assets.  Therefore, section 842(b) is                                    
            substantially similar to the historic approach in both the manner                          
            in which assets are imputed and the calculation of investment                              
            yield.                                                                                     
                  Three years after the effective date of the Treaty, Congress                         
            enacted section 842(b) to replace section 813.  The conference                             
            report regarding enactment of section 842(b) indicates that the                            
            Treasury Department and Congress carefully considered existing                             



            3The current earnings rate for sec. 819(a)(1)(B) was defined                               
            in sec. 805(b)(2).                                                                         
            4As explained in the House committee report, "The committee                                
            adopted the worldwide yield alternative to avoid discriminating                            
            against foreign companies whose investment performance does not                            
            attain the U.S. average."  H. Rept. 100-391 (Part 2), at 1110                              
            (1987).  If the taxpayer does not make this election to use its                            
            own investment yield, sec. 842(b)(3) requires use of the                                   
            investment yield of domestic insurance companies.                                          



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Last modified: May 25, 2011