Page 101 - Tax Reform
P. 101

PUBLIC LAW 115–97—DEC. 22, 2017                   131 STAT. 2151

                               (2) Section 6047 is amended—                              26 USC 6047.
                                   (A) by redesignating subsection (g) as subsection (h),
                                   (B) by inserting after subsection (f) the following new
                               subsection:
                           ‘‘(g) INFORMATION RELATING TO LIFE INSURANCE CONTRACT
                       TRANSACTIONS.—This section shall not apply to any information
                       which is required to be reported under section 6050Y.’’, and
                                   (C) by adding at the end of subsection (h), as so redesig-
                               nated, the following new paragraph:
                               ‘‘(4) For provisions requiring reporting of information
                           relating to certain life insurance contract transactions, see sec-
                           tion 6050Y.’’.
                           (d) EFFECTIVE DATE.—The amendments made by this section  26 USC 6047
                       shall apply to—                                                   note.
                               (1) reportable policy sales (as defined in section 6050Y(d)(2)
                           of the Internal Revenue Code of 1986 (as added by subsection
                           (a)) after December 31, 2017, and
                               (2) reportable death benefits (as defined in section
                           6050Y(d)(4) of such Code (as added by subsection (a)) paid
                           after December 31, 2017.

                       SEC. 13521. CLARIFICATION OF TAX BASIS OF LIFE INSURANCE CON-
                                   TRACTS.
                           (a) CLARIFICATION WITH RESPECT TO ADJUSTMENTS.—Para-
                       graph (1) of section 1016(a) is amended by striking subparagraph
                       (A) and all that follows and inserting the following:
                                   ‘‘(A) for—
                                       ‘‘(i) taxes or other carrying charges described in
                                   section 266; or
                                       ‘‘(ii) expenditures described in section 173 (relating
                                   to circulation expenditures),
                               for which deductions have been taken by the taxpayer
                               in determining taxable income for the taxable year or prior
                               taxable years; or
                                   ‘‘(B) for mortality, expense, or other reasonable charges
                               incurred under an annuity or life insurance contract;’’.
                           (b) EFFECTIVE DATE.—The amendment made by this section  26 USC 1016
                       shall apply to transactions entered into after August 25, 2009.  note.
                       SEC. 13522. EXCEPTION TO TRANSFER FOR VALUABLE CONSIDER-
                                   ATION RULES.
                           (a) IN GENERAL.—Subsection (a) of section 101 is amended
                       by inserting after paragraph (2) the following new paragraph:
                               ‘‘(3) EXCEPTION TO VALUABLE CONSIDERATION RULES FOR
                           COMMERCIAL TRANSFERS.—
                                   ‘‘(A) IN GENERAL.—The second sentence of paragraph
                               (2) shall not apply in the case of a transfer of a life
                               insurance contract, or any interest therein, which is a
                               reportable policy sale.
                                   ‘‘(B) REPORTABLE POLICY SALE.—For purposes of this
                               paragraph, the term ‘reportable policy sale’ means the
                               acquisition of an interest in a life insurance contract,
                               directly or indirectly, if the acquirer has no substantial
                               family, business, or financial relationship with the insured
                               apart from the acquirer’s interest in such life insurance
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                               contract. For purposes of the preceding sentence, the term
                               ‘indirectly’ applies to the acquisition of an interest in a
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