- 50 - A longstanding policy may be ignored if the experience rating formula in effect allows the parties to tailor income, expense, and profit allocation on an individual contract basis. Id. Respondent notes that the Agreements arose from a new relationship, and that the duration of the 1988 Agreement was approximately 6 months. According to respondent, these facts demonstrate tax avoidance effect. We disagree. Although the Agreements arose from a new relationship, the Agreements were unlimited in duration, and petitioner could not unilaterally terminate them. Although the Agreements proved to be of a relatively short duration, this was due to Guardian’s decision to recapture the underlying insurance, a decision over which petitioner had no control. The Agreements also contained no experience rating provision that allowed the parties to tailor results on an individual contract basis. This factor favors petitioner. v. Right To Terminate and Consequences of Termination The existence of a payback provision that protects a reinsurer from losses on early termination of the reinsurance agreement following the payment of a large up-front ceding commission, but before the reinsurer has been able to enjoy the future profit stream, may be a reasonable business practice and should not automatically be viewed as having a tax avoidance effect. On the other hand, a payback provision which allows a reinsurer to recover all of its losses in any case, through adjustments in future premiums or specific terminationPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
Last modified: May 25, 2011