TAX CUTS & JOBS ACT Provisions of Interest to Insurers

Similar documents
Tax reform: The impact on insurance organizations Mar. 19, 2018

Tax Update for Insurance Companies IASA Central States Conference

Presented by Thomas F. Wheeland, CPA Dale L. Scholl II, CPA. Tax Update and SSAP101 Boot Camp

Association of Life Insurance Counsel May 7, Aditi Banerjee. Bryan Keene. Pete Bautz. Prudential. Davis & Harman LLP ACLI

Key Tax Reform Provisions Impacting Life Insurance Company Taxation

U.S. Tax Reform: Implications on Accounting for Income Taxes

U.S. Tax Reform: Implications on Accounting for Income Taxes

Statutory Accounting Principles (E) Working Group Maintenance Agenda Submission Form Form A

2017 Tax Act (Pub. L. No )

4. What types of changes in the TCJA should be reflected in the 2017 financials?

Tax Reform Implementation. American Bar Association Section of Taxation May 11, 2018

SSAP Update What you need to know for 2014

Technical Line. A closer look at accounting for the effects of the Tax Cuts and Jobs Act. What you need to know. Overview

US tax thought leadership December 18, 2017

FACTS TO FOOTNOTES U.S. TAX CUT AND JOBS ACT UNCERTAIN TAX BENEFITS STATES CHANGE IS COMING FAST IMPLEMENTATIONS

Insurance provisions in Tax Cuts and Jobs Act conference report

TaxNewsFlash. Insurance provisions in tax bill approved by Senate

Tax Cuts and Jobs Act of 2017

Accounting Methods Update: Changes to Tax Rules Affecting Businesses and Individuals

Tax Reform 2017 Insurance Related Provisions. NCSL Insurance Task Force May 10, 2018

The Tax Cuts and Jobs Act1 (TCJA) made

Comparison of Current Tax Law, House and Senate Tax Reform Bills, and Conference Report. December 15, 2017 INSURANCE PROVISIONS...

TaxNewsFlash. Insurance provisions in tax reform approved by Senate Finance Committee (as of November 16)

HOUSE TAX REFORM PROPOSAL CORPORATE & BUSINESS

US tax thought leadership November 16, 2017

US tax thought leadership November 22, 2017

SENATE TAX REFORM PROPOSAL CORPORATE & BUSINESS

Comparison of House and Senate Tax Reform Bills

Current Authoritative Guidance for Income Taxes: SSAP No. 101 This issue paper may not be directly related to the current authoritative statement.

Businesses. Provision Corporate income Eight brackets with a 35% top rate. 21% flat rate

Legal Alert: Tax Cuts and Jobs Bill: Major Insurance Industry Changes

TAX REFORM CORPORATE & BUSINESS

MAINE EMPLOYERS MUTUAL INSURANCE COMPANY FINANCIAL STATEMENTS (STATUTORY BASIS) DECEMBER 31, 2013 AND 2012

Maine Employers Mutual Insurance Company. Financial Statements (Statutory Basis) December 31, 2016 and 2015

TAX REFORM CORPORATE & BUSINESS

A Comparison of Current Law and House and Senate Versions of the Tax Cuts and Jobs Act. November 16, of 13

American Savings Life Insurance Company. FINANCIAL STATEMENTS AND INDEPENDENT AUDITOR S REPORT For the Years Ended December 31, 2014 and 2013

Tax Reform Legislation Becomes the Law Impact of the Legislation on Corporate Taxpayers

NEWSFLASH: US TAX REFORMS HIGHLIGHTS

2017 TAX CUTS AND JOBS ACT

May 8, 2018 Watkins Glen, New York

House: H.R. 1, the Tax Cuts and Jobs Act. Conform OLD to section 172 general net operating loss deductions

Individual Taxes. TAX CUTS & JOBS ACT OF Tax Brackets: 7 Tax Brackets: 7 Tax Brackets: 4 Tax Brackets:

SUMMARY OF KEY PROVISIONS OF HOUSE BILL VS. SENATE BILL FOR REAL ESTATE FINANCE INDUSTRY. Corporations/Businesses

Tax reform and potential implications for insurance industry

For Better or Worse? Individual, Estate, and Presented Trust by: Taxes Under the New Tax Reform [Date] Act

Tax Reform Implications for Banks January 9, Charles J. Frago, CPA Daniel F. Morrill, CPA Michael J. Rowe, CPA

New Tax Rules. For You and Your Business Owners

Topic Subtopic Description of H.R. 1 Income Tax Accounting Considerations

Insurance tax for non-tax professionals: A year-end update of tax changes and insights

FIDELITY & GUARANTY LIFE INSURANCE COMPANY ASSETS

Business Changes in the Tax Cuts and Jobs Act. Alan D. Sobel, CPA December 27,

Impact of the Tax Cuts and Jobs Act on IRC Section 42

Back To The Future: The Insurance Industry And Tax Reform

US Tax Reform Update. 30 January 2018

Side-by-Side Summary of Current Tax Law and the Final Version of the Tax Reform Bill 1

LIST OF SUBSTANTIVE CHANGES AND ADDITIONS. PPC s 1120 Deskbook. 28th Edition (October 2018)

Legal Alert: Tax Cuts and Jobs Bill Update, November 14: Major Insurance Industry Changes

New Developments Summary

Re: 2017 Tax Cuts Act: What it Means For Individuals

WHAT IT MEANS FOR CONTRACTORS AND REAL ESTATE EXECUTIVES

Presented by: Cyndi G. Warren, CPA Warren Averett Farming and Taxes 101

New Developments Summary

Session 37 PD, Company Taxation Update. Moderator: Rob E. Baldwin, FSA, CERA, MAAA. Presenters: Jean Baxley, JD, LLM Sheryl Flum

Most of the provisions described below will be effective for tax years beginning after 2017.

Tax Cuts & Jobs Act W H AT B U S I N E S S E S & I N D I V I D U A L S N E E D T O K N O W D E C E M B E R 1 2, 2018

Tax Cuts & Jobs Act: Considerations for Funds

A New Due Diligence Checklist: Let s Not Overlook Any New Tax Rules

2018 Homebuilder CFO Roundtable. Wynn Las Vegas 7 May 2018

Accounting implications of US tax reform

Homework for Chapter 5. Part 1

Tax Cuts & Jobs Act (TCJA)

Tax Update: Legislative Developments and Tax Planning for Law Firms and Attorneys

Highlights. Tax Cuts and Jobs Act of 2017

Statement of Statutory Accounting Principles No. 10

The Tax Cuts and Jobs Act Impact on C Corps, S Corps and Individuals

Maine Employers Mutual Insurance Company. MEMIC Indemnity Company. MEMIC Casualty Company

AmTrust Title Insurance Company ASSETS

United of Omaha Life Insurance Company A Wholly Owned Subsidiary of (Mutual of Omaha Insurance Company)

Impact of Tax Reform on Choice of Entity and M&A Transactions

TAX CUTS AND JOBS ACT

Welcome 2016 Federal Tax Update

Tax-Exempt Highlights Comparison. Tax Cuts and Jobs Act of 2017

To help organizations navigate the key provisions affecting businesses, we have summarized top provisions below.

Adam Williams. Anthony Licavoli. Principal Tax Manager

The Impact of the 2017 Tax Reform on life insurance companies. Iowa Actuaries Club

US proposed Tax reform. December 2017

Tax Cuts & Jobs Act: Considerations for U.S. Multinationals

Tax Cuts and Jobs Act Business Provisions

ASC 740 AND U.S. TAX REFORM

Limit on business interest deduction. Under the new law, every business, regardless of its form, is limited to a deduction for business interest equal

Directors Club. March 13, 2018

Frequently Asked Questions About. Tax Reform. Financial Reporting Alert 18-1 January 3, 2018 (Last updated January 19, 2018) Contents.

Is your bank prepared for the new tax law? March 14, :00 PM ET

Financial Statement Impacts of U.S. Tax Reform

Tax Accounting Insights

In December 1987, the Financial Accounting Standards Board (FASB) issued FASB Statement No. 96, Accounting for Income Taxes.

The Financial Reporter

Tax Cuts and Jobs Act considerations for life actuaries. 20 March 2018

TAX REFORM: IMPACT ON BUSINESSES AND INDIVIDUALS. February 8, 2018 Bruce I. Booken Rose K. Wilson

Transcription:

TAX CUTS & JOBS ACT Provisions of Interest to Insurers P R E S E N T E D B Y: T H O M A S F. W H E E L A N D

INTRODUCTIONS Tom Wheeland Partner 2

OUR GOALS FOR TODAY 1 2 Outline Basic Provisions Applicable to All Corporations Discuss Insurance-Specific Provisions 3 Summarize the Income Tax Accounting Impact of Act 4 Highlight Tax Planning Opportunities 3

GENERAL CORPORATE PROVISIONS Some good news for corporations The View From 30,000 Feet Reduction in Federal Corporate Income Tax Rate to 21% Repeal of Alternative Minimum Tax (AMT) Offset of Regular Tax with AMT Credits Net Operating Losses (NOLs) Unlimited Carryforward No Carrybacks Limited to 80% of Regular Taxable Income P&C Company NOL Rules Unchanged 100% Bonus Depreciation & Expanded 179 Expensing Limitation on Deductibility of Business Interest Reduction in Dividends Received Deduction Income Inclusion Modifications to 162(m) 4

CORPORATE TAX RATE One federal tax rate for all C corporations Federal Tax Rate Reduced to Flat 21% Former Top Tax Rate of 35% was Highest in the Industrialized World Trump Proposed a 15% Tax Rate Initial Drafts of Bill Included 20% Rate Represents a 40% Reduction in Top Rate Applies to Tax Years Beginning After 12/31/17 Consider Deferring Income and Accelerating Expenses Prepaid Expenses Accrued Bonuses Pension Funding Policyholder Dividends 5

AMT REPEAL This trap for the unwary particularly impacted P&C and small life insurers Goodbye AMT in 2018! Considered a Prepaid Tax by Most Companies Corporations Allowed a Credit for AMT Used to Offset Regular Tax to Extent it Exceeded Tentative AMT in Future Years Small Life Insurers Many Paid AMT with Limited Ability to Claim Credit (See Slide on SLICD) A Benefit for P&C Companies in Poor Underwriting Years Makes Certain Investment Decisions Less Complex 6

AMT CREDITS Easier to use credits from pre-law periods, including a refund mechanism Utilization of Existing AMT Credits Use AMT Credits to Offset Regular Tax Excess Credits are Refundable (over an established period) 50% of Excess Refundable in 2018-2020 100% of Excess Refundable in 2021 7

AMT CREDITS Easier to use credits from pre-law periods, including a refund mechanism AMT Credit Example $100,000 AMT Credit Carryforward as of 12/31/17 Calculation: $40,000 2018 Regular Tax ( 40,000) AMT Credit Offset Against Regular Tax $0 Subtotal ( 30,000) 50% of Remaining AMT Credit Allowed as a Refundable Credit ($30,000) Refund Shown on 2018 Tax Return 8 $30,000 AMT Credit Carryforward as of 12/31/18

NET OPERATING LOSSES The Lord Giveth, the Lord Taketh Away Net Operating Losses (NOLs) Conforms Life Operations Loss Deduction (OLD) Rules to NOLs No Carryback of NOLs Indefinite Carryforward Annual Limitation of 80% of Regular Taxable Income for Post-2017 NOLs P&C NOLs Unchanged 2 Year Carryback 20 Year Carryforward 100% Offset of Regular Taxable Income Capital Loss Carryback and Carryforward Rules Unchanged 9

TAX REFORM NOL Comparison Chart OLD LAW Years Carryback Years Carryforward % Offset C-Corporations 2 20 100 Non-Life Insurers 2 20 100 Life Insurers 3 15 100 NEW LAW Years Carryback Years Carryforward % Offset C-Corporations 0 80 Non-Life Insurers 2 20 100 Life Insurers 0 80

LIBERALIZING FIXED ASSET EXPENSING Bonus depreciation and 179 Good News. Bonus Depreciation Increased to 100% for Assets Placed in Service After September 27, 2017 and Before January 1, 2023 179 Expensing Expanded to $1 million (from $500K) with Phase-Out Beginning at $2.5 million (from $2 million) Property Placed in Service After December 31, 2017 11

YEAR OF INCLUSION More guidance is needed to determine impact on market discount deferral Other Items of Note Year of Inclusion Income Inclusion - No Later than Inclusion for Financial Reporting Purposes Some Exceptions Questionable Application to Market Discount and Accrued Dividends 174 Amortization of Research & Experimentation Expenses 5 Year Amortization Period For Expenses Incurred After 12/31/21 No Change to R&E Credit 12

BUSINESS INTEREST Is insurance company interest income considered trade or business interest? Other Items of Note (cont d) Limitation on Business Interest Expense Limits Net Business Interest Expense 30% of Adjusted Taxable Income Excess Carried Forward Dividends Received Deduction <20% Owned 50% (vs. 70%) 20% 65% (vs. 80%) Meals & Entertainment All Meals Subject to 50% Disallowance No Deduction for Entertainment Expenses 13

NON-LIFE COMPANIES Focused on reserves and proration Non-Life Insurance Company Provisions Loss Reserves Changes in Interest Rate and Payment Pattern Reduce Tax Loss Reserves No Company Election Repeal of 847 Proration Percentage Increased from 15% to 25% Keeps the After-Tax Yield of Tax- Exempt Bonds Constant Narrows the Spread Between Taxable and Tax-Exempt Bonds Retention of NOL Rules 14

LIFE COMPANIES Feel the burn Life Insurance Company Provisions 807(f) Changes Subject to 481 Rules 4 Year Spread for Reserve Decreases 1 Year Spread for Reserve Increases DAC Capitalization 2.09% for Annuities (formerly 1.75%) 2.45% for Group Life (formerly 2.05%) 9.2% for Other Contracts (formerly 7.7%) DAC Amortization Retains 60 Month Amortization Increases 120-Month Amortization Period to 180 Months 15

LIFE COMPANIES but it could have been worse Life Insurance Company Provisions (cont d) Life Reserves Capped at Greater of Net Surrender Value or 92.81% of NAIC Prescribed Reserves (8 Year Phase-In) 70% Company Share/30% Policyholder Share Inclusion of Policyholder Surplus Account Balance in Income over 8 Years NOL/OLD Conformity Elimination of Small Life Insurance Company Deduction (SLICD) 16

GAAP & SAP Reduction in Current Federal Taxes with Short-Term Impact of DTA Reduction Income Tax Accounting Impact Reduction in DTAs Increase 2017 GAAP Effective Tax Rate (ETR) in P&L Regardless of Source Increase 2017 SAP ETR in Surplus Elimination of NOL Carryback for Ordinary DTAs of Life Companies Removes a Source of Income for GAAP Makes SSAP 101, 11.a., Effectively Moot Increases in Current Taxes (Caused by Reserves and DAC) Increase Deductible Temporary Differences Reversal Patterns are Key 17

CHANGE IS HERE! Though most changes are effective in 2018, there are strategies you can implement in 2017 to maximize the benefits of tax reform Planning Opportunities Look for Opportunities to Accelerate Deductions and Defer Income Prepaid Expenses Pension Funding Compensation Accruals Bonus Depreciation Policyholder Dividends Analyze Portfolio for Impact of Proration and Company Share Changes 18

QUESTIONS? Tom Wheeland Partner 314.802.0213 twheeland@bkd.com Susan Kelley Director 513.562.5510 skelley@bkd.com Brandy Shy Director 314.236.5181 bshy@bkd.com 19 Kara Cramer Senior Manager 816.489.4329 kcramer@bkd.com

20 Thank You!

TH10