- 71 - 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.Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
Last modified: May 25, 2011