Source
(Added Pub. L. 98–369, div. A, title II, § 211(a), July 18, 1984, 98 Stat. 722; amended Pub. L. 99–514, title VI, § 611(a)(5), title VIII, § 805(c)(6), title X, § 1011(b)(4), title XVIII, § 1821(p), Oct. 22, 1986, 100 Stat. 2249, 2362, 2389, 2842; Pub. L. 100–203, title X, § 10221(c)(2), Dec. 22, 1987, 101 Stat. 1330–409; Pub. L. 104–188, title I, § 1702(h)(3), Aug. 20, 1996, 110 Stat. 1873; Pub. L. 105–34, title X, § 1084(b)(1), Aug. 5, 1997, 111 Stat. 954.)
Codification
Another section 1084(b) of
Pub. L. 105–34 amended sections
101 and
264 of this title.
Prior Provisions
A prior section
805, added
Pub. L. 86–69, § 2(a), June 25, 1959,
73 Stat. 118; amended
Pub. L. 87–792, § 7(g), Oct. 10, 1962,
76 Stat. 829;
Pub. L. 88–571, § 5(a), Sept. 2, 1964,
78 Stat. 860;
Pub. L. 91–172, title IX, § 907(a)(1), Dec. 30, 1969,
83 Stat. 715;
Pub. L. 93–406, title II, §§ 1016(a)(6),
2002
(g)(9),
2004
(c)(3), Sept. 2, 1974,
88 Stat. 929, 970, 986;
Pub. L. 94–267, § (1)(c)(4), Apr. 15, 1976,
90 Stat. 367;
Pub. L. 94–455, title XIX, § 1901(a)(97), Oct. 4, 1976,
90 Stat. 1780;
Pub. L. 95–600, title I, §§ 141(f)(9),
155
(a), Nov. 6, 1978,
92 Stat. 2795, 2801;
Pub. L. 97–248, title II, §§ 257(a),
260
(b),
261,
264
(a)–(c)(1), Sept. 3, 1982,
96 Stat. 537, 540, 543, 544, related to policy and other contract liability requirements, prior to general revision of this part by
Pub. L. 98–369, § 211(a).
Another prior section
805, acts Aug. 16, 1954, ch. 736, 68A Stat. 258; Mar. 13, 1956, ch. 83, § 2,
70 Stat. 43, authorized a special interest deduction, prior to the general revision of this part by
Pub. L. 86–69, § 2(a).
Amendments
1997—Subsec. (a)(4)(C)(ii).
Pub. L. 105–34, § 1084(b)(1)(A), inserted “, or out of the increase for the taxable year in policy cash values (within the meaning of subparagraph (F)) of life insurance policies and annuity and endowment contracts to which section
264
(f) applies,” after “tax-exempt interest”.
Subsec. (a)(4)(D)(iii).
Pub. L. 105–34, § 1084(b)(1)(B), substituted “, the increase for the taxable year in policy cash values (within the meaning of subparagraph (F)) of life insurance policies and annuity and endowment contracts to which section
264
(f) applies, and” for “and”.
Subsec. (a)(4)(F).
Pub. L. 105–34, § 1084(b)(1)(C), added subpar. (F).
1996—Subsec. (a)(4)(E).
Pub. L. 104–188 substituted “243(b)(2)” for “243(b)(5)”.
1987—Subsec. (a)(4)(B).
Pub. L. 100–203 substituted “shall be the percentage determined under section 246(b)(3) of the life insurance company taxable income (and such limitation shall be applied as provided in section
246
(b)(3))” for “shall be 80 percent of the life insurance company taxable income”.
1986—Subsec. (a)(4)(B).
Pub. L. 99–514, § 611(a)(5), substituted “80 percent” for “85 percent” in introductory provisions.
Subsec. (a)(4)(B)(i).
Pub. L. 99–514, § 1011(b)(4), struck out “the special life insurance company deduction and” before “the small life”.
Subsec. (a)(4)(C) to (E).
Pub. L. 99–514, § 1821(p), added subpars. (C) and (D), redesignated former subpar. (D) as (E), and struck out former subpar. (C) which read as follows: “For purposes of subparagraph (A), the term ‘100 percent dividend’ means any dividend if the percentage used for purposes of determining the deduction allowable under section
243 or
244 is 100 percent. Such term does not include any dividend to the extent it is a distribution out of tax-exempt interest or out of dividends which are not 100 percent dividends (determined with the application of this sentence).”
Subsec. (b)(2).
Pub. L. 99–514, § 805(c)(6), redesignated par. (3) as (2). Former par. (2), which provided that section
166
(c) (relating to reserve for bad debts) shall not apply, was struck out.
Subsec. (b)(2)(A)(iii).
Pub. L. 99–514, § 1011(b)(4), which directed that subsec. (b)(3)(A)(iii) be amended by striking out “the special life insurance company deduction and” before “the small life”, was executed to subsec. (b)(2)(A)(iii) to reflect the probable intent of Congress and the redesignation of subsec. (b)(3) as (b)(2) by
Pub. L. 99–514, § 805(c)(6).
Subsec. (b)(3) to (6).
Pub. L. 99–514, § 805(c)(6), redesignated pars. (3) to (6) as (2) to (5), respectively.
Effective Date of 1997 Amendment
Amendment by
Pub. L. 105–34 applicable to contracts issued after June 8, 1997, in taxable years ending after such date, with special provisions relating to changes in contracts to be treated as new contracts, see section 1084(d) of
Pub. L. 105–34, set out as a note under section
101 of this title.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990,
Pub. L. 101–508, title XI, to which such amendment relates, see section 1702(i) of
Pub. L. 104–188, set out as a note under section
38 of this title.
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–203 applicable to taxable years beginning after Dec. 31, 1987, see section 10221(e)(2) of
Pub. L. 100–203, as amended, set out as a note under section
243 of this title.
Effective Date of 1986 Amendment
Amendment by section 611(a)(5) of
Pub. L. 99–514 applicable to dividends received or accrued after Dec. 31, 1986, in taxable years ending after such date, see section 611(b)(1) of
Pub. L. 99–514, set out as a note under section
246 of this title.
Amendment by section 805(c)(6) of
Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, with certain changes required in method of accounting, see section 805(d) of
Pub. L. 99–514, set out as a note under section
166 of this title.
Amendment by section 1011(b)(4) of
Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 1011(c)(1) of
Pub. L. 99–514, set out as a note under section
453B of this title.
Amendment by section 1821(p) of
Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984,
Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of
Pub. L. 99–514, set out as a note under section
48 of this title.
Effective Date
Section applicable to taxable years beginning after Dec. 31, 1983, see section 215 of
Pub. L. 98–369, set out as a note under section
801 of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of
Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of this title.