REVENUE RULE 93-59

1993-2 C.B. 244, 1993-29 I.R.B. 67.

Internal Revenue Service
Revenue Ruling

MUTUAL LIFE INSURANCE COMPANIES; DIFFERENTIAL EARNINGS RATE

Published: September 3, 1993

§ 809. Reduction in Certain Deductions of Mutual Life Insurance Companies
Mutual life insurance companies; differential earnings rate. The differential earnings rate for 1992 and the recomputed differential earnings rate for 1991 are set forth for use by mutual life insurance companies to compute their income tax liability for 1992.

This revenue ruling contains the differential earnings rate for 1992 and the recomputed differential earnings rate for 1991. Under § 809 of the Internal Revenue Code, mutual life insurance companies use these rates in computing their income tax liability for 1992. This revenue ruling also contains some of the figures on which the determinations of these rates are based. Notice 93-15, 1993-11 I.R.B. 51, contained tentative determinations of these same rates.

§ 809(a) of the Code provides that, in the case of any mutual life insurance company, the amount of the deduction allowable under § 808 for policyholder dividends shall be reduced (but not below zero) by the "differential earnings amount." Any excess of the "differential earnings amount" over the amount of the deduction allowable under § 808 shall be taken into account as a reduction in the closing balance of reserves under subsections (a) and (b) of § 807. The "differential earnings amount" for any taxable year is an amount equal to the product of (a) the life insurance company's average equity base for the taxable year multiplied by (b) the "differential earnings rate" for the taxable year. The "differential earnings rate" for the taxable year is the excess of (a) the "imputed earnings rate" for the taxable year over (b) the "average mutual earnings rate" for the second calendar year preceding the calendar year in which the taxable year begins. The "imputed earnings rate" for any taxable year is an amount which bears the same ratio to 16.5 percent as the "current stock earnings rate" for the taxable year bears to the "base period stock earnings rate."

§ 809(f) of the Code provides that, in the case of any mutual life insurance company, if the "recomputed differential earnings amount" for any taxable year exceeds the differential earnings amount for that taxable year, the excess shall be included in life insurance gross income for the succeeding taxable year. If the differential earnings amount for any taxable year exceeds the "recomputed differential earnings amount" for such taxable year, the excess shall be allowed as a life insurance deduction for the succeeding taxable year. The "recomputed differential earnings amount" for any taxable year is an amount calculated in the same manner as the differential earnings amount for the taxable year, except that the average mutual earnings rate for the calendar year in which the taxable year begins is substituted for the average mutual earnings rate for the second calendar year preceding the calendar year in which the taxable year begins.

Notice 88-106, 1988-2 C.B. 444, states that regulations under § 809 will provide that the differential earnings rate and the recomputed differential earnings rate may not be negative. Thus, for any taxable year, if the imputed earnings rate for the taxable year is less than the average mutual earnings for the second calendar year preceding the calendar year in which the taxable year begins, the differential earnings rate for the taxable year is zero. similarly, for any taxable year, if the imputed earnings rate for the taxable year is less than the average mutual earnings rate for the calendar year in which the taxable year begins, then the recomputed rate is zero. Proposed regulations under § 809 were published in the Federal Register on August 19, 1992 (57 FR 37495).

For purposes of § 809 of the Code, the differential earnings rate for 1992, the rate used to calculate the recomputed differential earnings amount for 1991 (the recomputed differential earnings rate for 1991), and the figures on which these two rates are based are set forth in Table 1.

Rev. Rul. 93-59 Table 1

fna1. But for the rule described in Notice 88-106, 1988-2 C.B. 444, and the proposed regulations under § 809, this figure would be -2.426.

Final regulations under § 809 of the Code have not yet been issued, and when these regulations are issued, they may be effective prior to the date of their issuance. Even if that is the case, however, in determining the rates that are to be used in computing 1999 tax liability, the Internal Revenue Service will not change the administrative procedures that govern its determination of the rates announced in this revenue ruling. Moreover, the Service generally will not restate any of the rates announced in this ruling to reflect subsequent changes in the data on which the rate is based, such as change resulting from the audit of a life insurance company. Regulations or other pronouncements, however, may result in a change in these and other procedures for determination of the rates to be used in computing the tax liability of subsequent years.

DRAFTING INFORMATION

The principal author of this revenue ruling is Katherine A. Hossofsky of the office of the Assistant Chief Counsel (Financial Institutions and Products). For further information regarding this revenue ruling contact Ms. Hossofsky on (202) 622-3970 (not a toll-free number).

Rev. Rul. 93-59, 1993-2 C.B. 244, 1993-29 I.R.B. 67.