Revenue Ruling Concerns ACLI

September 30, 2004 at 08:00 PM
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The life insurance industry is concerned that a new IRS revenue ruling will reduce the attractiveness of life insurance and annuity products to nonresident aliens.

Revenue Ruling 2004-97, issued Sept. 3 by the Internal Revenue Service and the Treasury Department, imposes a 30% withholding tax on payments made to nonresident aliens from life insurance and annuity contracts issued by foreign branches of U.S. insurance companies.

"The ruling penalizes companies that have branch offices in countries with which the U.S. does not have a tax treaty," says Frank Keating, president and CEO of the American Council of Life Insurers. He adds that "it penalizes the companies customers as well," and contends that it also "makes U.S. products uncompetitive as compared to products not subject to such a tax, including products issued by subsidiaries of U.S. insurers."

One favorable component of the new ruling is that it contains a "grandfather" provision that provides some relief for payments that have been made already and for payments that will be made in 2004 on existing contracts, ACLI says.

While lauding the agencies for acting relatively quickly in addressing some concerns ACLI raised when the ruling first was proposed earlier in the year, the trade group voiced "disappointment" that they reaffirmed the core of their earlier position: that payments to nonresident aliens made by foreign branches of U.S. insurers would be subject to a 30% withholding tax after Jan. 1, 2005.

"U.S. tax policy on this issue contradicts U.S. trade policy," said Keating. "It makes no sense."


Reproduced from National Underwriter Edition, October 1, 2004. Copyright 2004 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.


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