[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5734 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5734

 To amend the Internal Revenue Code of 1986 to establish a system for 
    the taxation of catastrophic risk transfer companies to ensure 
  sufficient capital to cover catastrophic insurance losses, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2021

 Mr. Himes (for himself, Mrs. Murphy of Florida, Mr. Luetkemeyer, and 
 Mr. LaHood) introduced the following bill; which was referred to the 
 Committee on Ways and Means, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to establish a system for 
    the taxation of catastrophic risk transfer companies to ensure 
  sufficient capital to cover catastrophic insurance losses, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Catastrophic Risk Transfer Act of 
2021'' or the ``CART Act''.

SEC. 2. TAXATION OF CATASTROPHIC RISK TRANSFER COMPANIES.

    (a) In General.--Subchapter M of chapter 1 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new part:

             ``PART V--CATASTROPHIC RISK TRANSFER COMPANIES

``Sec. 860M. Catastrophic risk transfer companies.
``Sec. 860N. Taxation of catastrophic risk transfer companies.
``Sec. 860O. Taxation of security holders of catastrophic risk transfer 
                            company; limitations applicable to 
                            dividends received from catastrophic risk 
                            transfer company.
``Sec. 860P. Dividends paid by catastrophic risk transfer company after 
                            close of taxable year.

``SEC. 860M. CATASTROPHIC RISK TRANSFER COMPANIES.

    ``(a) General Rule.--For purposes of this subtitle, the term 
`catastrophic risk transfer company' means any domestic corporation 
which--
            ``(1) is--
                    ``(A) created or organized under the laws of a 
                State which has enacted a State law which enables the 
                organization and licensure of a special purpose insurer 
                (whether or not designated as such under such State 
                law) which is capable of carrying out the activities 
                described in paragraph (2), and
                    ``(B) regulated and licensed as such a special 
                purpose insurer by the State commissioner of insurance 
                or other State official charged with regulation of 
                insurance within the State,
            ``(2) the principal purpose of which is the carrying out of 
        the activities of catastrophic risk transfer, but only if--
                    ``(A) substantially all of such activities relate 
                to business other than general annuity business, and
                    ``(B) such activities are limited to--
                            ``(i) issuing equity and debt securities,
                            ``(ii) owning qualified investments, and
                            ``(iii) entering into one or more insurance 
                        or reinsurance agreements covering catastrophic 
                        risks from persons who are not related to such 
                        corporation at any time during the period 
                        beginning with the date such agreements are 
                        entered into and ending with the last day of 
                        the period such agreements are in effect, and
            ``(3) is authorized by the State commissioner of insurance 
        or other State official charged with regulation of insurance 
        within the State to carry out the activities of catastrophic 
        risk transfer.
    ``(b) Limitations.--A corporation shall not be considered a 
catastrophic risk transfer company for any taxable year unless--
            ``(1) it files with its return for the taxable year an 
        election to be a catastrophic risk transfer company or has made 
        such election for a previous taxable year,
            ``(2) at least 90 percent of its gross income is derived 
        from--
                    ``(A) investment income from qualified investments, 
                and
                    ``(B)(i) reinsurance premiums received from a 
                regulated insurance company, or
                    ``(ii) insurance premiums from--
                            ``(I) a governmental agency,
                            ``(II) a company the assets of which exceed 
                        $100,000,000, or
                            ``(III) a company that is transferring a 
                        sufficiently large pool of a single type of 
                        underlying risk that the insurance of such pool 
                        of risk would on a stand-alone basis constitute 
                        operation of an insurance business under part 
                        II of subchapter L, and
            ``(3) the limit of the insurance or reinsurance being 
        provided is fully collateralized.
    ``(c) Special Rule for Series Issuances.--If a catastrophic risk 
transfer company (within the meaning of subsection (a)), or a protected 
cell of such company, issues a series or class of securities which 
primarily has recourse to, or is primarily linked to, a designated 
reinsurance agreement and pool of collateral or assets, such series or 
class shall be treated as a separate corporation for purposes of this 
title (other than determining whether the requirements of subsection 
(a) are met).
    ``(d) Failure To Satisfy Gross Income Test.--
            ``(1) Disclosure requirement.--A catastrophic risk transfer 
        company which fails to meet the requirement of paragraph (2) of 
        subsection (b) for any taxable year shall nevertheless be 
        considered to have satisfied the requirement of such paragraph 
        for such taxable year if--
                    ``(A) following the catastrophic risk transfer 
                company identification of the failure to meet such 
                requirement for such taxable year, a description of 
                each item of its gross income described in such 
                paragraph is set forth in a schedule for such taxable 
                year filed in the manner provided by the Secretary, and
                    ``(B) the failure to meet such requirement is due 
                to reasonable cause and not due to willful neglect.
            ``(2) Imposition of tax on failures.--If paragraph (1) 
        applies to catastrophic risk transfer company for any taxable 
        year, there is hereby imposed on such company a tax in an 
        amount equal to the excess of--
                    ``(A) the gross income of such company which is not 
                derived from sources referred to in subsection (b)(2), 
                over
                    ``(B) one-ninth of the gross income of such company 
                which is derived from such sources.
    ``(e) Definitions.--For purposes of this part--
            ``(1) Catastrophic risk.--
                    ``(A) In general.--The term `catastrophic risk' 
                means a risk of loss which has a low likelihood of 
                occurring but which will be large in amount.
                    ``(B) Special rules.--For purposes of subparagraph 
                (A)--
                            ``(i) in the case of direct insurance, a 
                        risk of loss shall not be treated as large in 
                        amount unless such loss would exceed 
                        $25,000,000 if it occurs, and
                            ``(ii) in the case of mortality risk, the 
                        risk of loss transferred may be taken into 
                        account under subparagraph (A) only if it 
                        involves a pool of mortality or longevity 
                        risks.
            ``(2) Investments and income.--
                    ``(A) Qualified investment.--The term `qualified 
                investment' means--
                            ``(i) cash,
                            ``(ii) interests in money market funds, and
                            ``(iii) investment-grade debt securities 
                        and funds primarily holding such debt 
                        securities.
                    ``(B) Investment income.--The term `investment 
                income' means interest that is accrued or received on, 
                distributions in connection with, or proceeds from the 
                disposition of, qualified investments.
            ``(3) Regulated insurance company.--The term `regulated 
        insurance company' means any company which is licensed to 
        engage in the business of insurance in a State and which is 
        subject to State law which regulates insurance (within the 
        meaning of section 514(b)(2) of the Employee Retirement Income 
        Security Act of 1974, as in effect on the date of the enactment 
        of this section).
            ``(4) Related person.--A person shall be treated as related 
        person to another person if such person bears a relationship to 
        such other person described in section 267(b) or 707(b).

``SEC. 860N. TAXATION OF CATASTROPHIC RISK TRANSFER COMPANIES.

    ``(a) Requirements Applicable to Catastrophic Risk Transfer 
Companies.--The provisions of this part (other than subsection (c) of 
this section) shall not be applicable to a catastrophic risk transfer 
company for a taxable year unless--
            ``(1) the deduction for dividends paid during the taxable 
        year (as defined in section 561) equals or exceeds 90 percent 
        of its catastrophic risk transfer company taxable income for 
        the taxable year determined without regard to subsection 
        (b)(2)(C), and
            ``(2) as of the close of the taxable year, the catastrophic 
        risk transfer company has no earnings and profits accumulated 
        in any taxable year to which the provisions of this part (or 
        the corresponding provisions of prior law) did not apply to it.
    ``(b) Method of Taxation of Companies.--
            ``(1) Imposition of tax on catastrophic risk transfer 
        companies.--There is hereby imposed for each taxable year upon 
        the catastrophic risk transfer company taxable income of every 
        catastrophic risk transfer company a tax computed as provided 
        in section 11, as though the catastrophic risk transfer company 
        taxable income were the taxable income referred to in section 
        11.
            ``(2) Catastrophic risk transfer company taxable income.--
        The catastrophic risk transfer company taxable income shall be 
        the taxable income of the catastrophic risk transfer company 
        adjusted as follows:
                    ``(A) The net operating loss deduction provided in 
                section 172 shall not be allowed.
                    ``(B) The deductions for corporations provided in 
                part VIII (except section 248) in subchapter B (section 
                241 and following, relating to the deduction for 
                dividends received, etc.) shall not be allowed.
                    ``(C) The deduction for dividends paid (as defined 
                in section 561) shall be allowed.
                    ``(D) The taxable income shall be computed without 
                regard to section 443(b) (relating to computation of 
                tax on change of annual accounting period).
                    ``(E) The taxable income shall be computed without 
                regard to section 454(b) (relating to short-term 
                obligations issued on a discount basis) if the company 
                so elects in a manner prescribed by the Secretary.
                    ``(F) There shall be deducted an amount equal to 
                the tax imposed by subsection (d)(2) of section 860M 
                for the taxable year.
                    ``(G) There will be allowed as a deduction loss 
                adjustment expenses and expenses of--
                            ``(i) modeling firms, claims reviewers, 
                        loss reserve specialists, attorneys, 
                        accountants, actuaries, indenture trustees 
                        (including reinsurance trustees and paying 
                        agents), independent directors, administrators 
                        of the catastrophic risk transfer company, 
                        rating agencies of any securities issued by the 
                        catastrophic risk transfer company, reset and 
                        calculation agents, reporting agencies, data 
                        providers, model escrow agents, securities 
                        listings, and securities listing agents, and
                            ``(ii) other professionals or service 
                        providers, or other out-of-pocket costs 
                        incurred with issuing securities, reasonably 
                        related thereto.
            ``(3) Section 311(b) not to apply to certain 
        distributions.--Section 311(b) shall not apply to any 
        distribution by a catastrophic risk transfer company to which 
        this part applies, if such distribution is in redemption of its 
        stock or securities upon the demand of the holder.
            ``(4) Time certain dividends taken into account.--For 
        purposes of this title, any dividend declared by a catastrophic 
        risk transfer company during any calendar year and payable to 
        security holders of record on a specified date in such a year 
        shall be deemed--
                    ``(A) to have been received by each security holder 
                on December 31 of such calendar year, and
                    ``(B) to have been paid by such company on December 
                31 of such calendar year (or, if earlier, as provided 
                in section 860P).
        The preceding sentence shall apply only if such dividend is 
        actually paid by the company prior to the 15th day of the 9th 
        month of the following calendar year.
    ``(c) Earnings and Profits.--
            ``(1) Distributions to meet requirements of subsection 
        (a)(2).--Any distribution which is made in order to comply with 
        the requirements of subsection (a)(2)--
                    ``(A) shall be treated for purposes of this 
                subsection and subsection (a)(2) as made from earnings 
                and profits which, but for the distribution, would 
                result in a failure to meet such requirements (and 
                allocated to such earnings on a first-in, first-out 
                basis), and
                    ``(B) to the extent treated under subparagraph (A) 
                as made from accumulated earnings and profits, shall 
                not be treated as a distribution for purposes of 
                subsection (b)(2)(C) and section 860P.
            ``(2) Catastrophic risk transfer company.--For purposes of 
        this subsection, the term `catastrophic risk transfer company' 
        includes a domestic corporation which is a catastrophic risk 
        transfer company determined without regard to the requirements 
        of subsection (a).
    ``(d) Procedures Similar to Deficiency Dividend Procedures Made 
Applicable.--
            ``(1) In general.--If--
                    ``(A) there is a determination that the provisions 
                of this part do not apply to a catastrophic risk 
                transfer company for any taxable year (hereafter in 
                this subsection referred to as the `non-CART year'), 
                and
                    ``(B) such catastrophic risk transfer company meets 
                the distribution requirements of paragraph (2) with 
                respect to the non-CART year,
        then, for purposes of applying subsection (a)(2) to subsequent 
        taxable years, the provisions of this part shall be treated as 
        applying to such catastrophic risk transfer company for the 
        non-CART year. If the determination under subparagraph (A) is 
        solely as a result of the failure to meet the requirements of 
        subsection (a)(2), the preceding sentence shall also apply for 
        purposes of applying subsection (a)(2) to the non-CART year and 
        the amount referred to in paragraph (2)(A)(i) shall be the 
        portion of the accumulated earnings and profits which resulted 
        in such failure.
            ``(2) Distribution requirements.--
                    ``(A) In general.--The distribution requirements of 
                this paragraph are met with respect to any non-CART 
                year if, within the 90-day period beginning on the date 
                of the determination (or within such longer period as 
                the Secretary may permit), the catastrophic risk 
                transfer company makes 1 or more qualified designated 
                distributions and the amount of such distributions is 
                not less than the excess of--
                            ``(i) the portion of the accumulated 
                        earnings and profits of the catastrophic risk 
                        transfer company (as of the date of the 
                        determination) which are attributable to the 
                        non-CART year, over
                            ``(ii) any interest payable under paragraph 
                        (3).
                    ``(B) Qualified designated distribution.--For 
                purposes of this paragraph, the term `qualified 
                designated distribution' means any distribution made by 
                the catastrophic risk transfer company if--
                            ``(i) section 301 applies to such 
                        distribution, and
                            ``(ii) such distribution is designated (at 
                        such time and in such manner as the Secretary 
                        shall by regulations prescribe) as being taken 
                        into account under this paragraph with respect 
                        to the non-CART year.
                    ``(C) Effect on dividends paid deduction.--Any 
                qualified designated distribution shall not be included 
                in the amount of dividends paid for purposes of 
                computing the dividends paid deduction for any taxable 
                year.
            ``(3) Interest charge.--
                    ``(A) In general.--If paragraph (1) applies to any 
                non-CART year of a catastrophic risk transfer company, 
                such catastrophic risk transfer company shall pay 
                interest at the underpayment rate established under 
                section 6621--
                            ``(i) on an amount equal to 50 percent of 
                        the amount referred to in paragraph (2)(A)(i), 
                        and
                            ``(ii) for the period--
                                    ``(I) which begins on the last day 
                                prescribed for payment of the tax 
                                imposed for the non-CART year 
                                (determined without regard to 
                                extensions), and
                                    ``(II) which ends on the date the 
                                determination is made.
                    ``(B) Coordination with subtitle f.--Any interest 
                payable under subparagraph (A) may be assessed and 
                collected at any time during the period during which 
                any tax imposed for the taxable year in which the 
                determination is made may be assessed and collected.
            ``(4) Provisions not to apply in the case of fraud.--The 
        provisions of this subsection shall not apply if the 
        determination contains a finding that the failure to meet any 
        requirement of this part was due to fraud with intent to evade 
        tax.
            ``(5) Determination.--For purposes of this subsection, the 
        term `determination' has the meaning given to such term by 
        section 860(e). Such term also includes a determination by the 
        catastrophic risk transfer company filed with the Secretary 
        that the provisions of this part do not apply to the 
        catastrophic risk transfer company for a taxable year.
    ``(e) Definitions.--For purposes of this part--
            ``(1) the terms `dividend' and `distribution' shall include 
        payments made to holders of debt securities, and
            ``(2) the term `security holder' shall include holders of 
        equity and debts securities issued by a catastrophic risk 
        transfer company.

``SEC. 860O. TAXATION OF SECURITY HOLDERS OF CATASTROPHIC RISK TRANSFER 
              COMPANY; LIMITATIONS APPLICABLE TO DIVIDENDS RECEIVED 
              FROM CATASTROPHIC RISK TRANSFER COMPANY.

    ``(a) Character of Dividends.--Each catastrophic risk transfer 
company shall identify in a statement issued to each security holder 
the portion of its dividends paid with respect to the year, under the 
rules of section 860N, which are attributable to the following types of 
income of the catastrophic risk transfer company:
            ``(1) Interest.
            ``(2) Tax-exempt interest.
            ``(3) Qualified dividend income, within the meaning of 
        subparagraph (B) of section 1(h)(11) of this title.
            ``(4) Dividends other than qualified dividend income.
            ``(5) Capital gains.
            ``(6) Insurance or reinsurance premiums.
    ``(b) Look Through for Taxation of Dividends.--
            ``(1) General.--Except as provided in subsection (n) of 
        section 871 or subsection (f) of section 881 of this title, 
        each security holder shall be subject to taxation under this 
        title on the dividends received from a catastrophic risk 
        transfer company in the same manner as if such security holder 
        had received the portions of each dividend identified on the 
        statement provided under subsection (a) directly.
            ``(2) Dividend income.--In computing any deduction under 
        section 243 with respect to the portion of a dividend 
        identified on the statement under subsection (a) as dividend 
        income referenced in paragraphs (3) or (4) of such subsection, 
        such portion shall be treated as received from a corporation 
        which is not a 20-percent owned corporation.
            ``(3) Capital gain income.--The portion of a dividend 
        identified on the statement under subsection (a) as capital 
        gain income referenced in paragraph (5) of such subsection 
        shall be treated by the security holders as a gain from the 
        sale or exchange of a capital asset held for more than 1 year.

``SEC. 860P. DIVIDENDS PAID BY CATASTROPHIC RISK TRANSFER COMPANY AFTER 
              CLOSE OF TAXABLE YEAR.

    ``(a) General Rule.--For purposes of this chapter, if a 
catastrophic risk transfer company--
            ``(1) declares a dividend on or before the later of--
                    ``(A) the 15th day of the 9th month following the 
                close of the taxable year, or
                    ``(B) in the case of an extension of time for 
                filing the company's return for the taxable year, the 
                due date for filing such return taking into account 
                such extension, and
            ``(2) distributes the amount of such dividend to security 
        holders in the 12-month period following the close of such 
        taxable year and not later than the date of the first dividend 
        payment of the same type of dividend made after such 
        declaration,
the amount so declared and distributed shall, except as provided in 
subsection (b) and to the extent the company elects in such return in 
accordance with regulations prescribed by the Secretary, be considered 
as having been paid during such taxable year.
    ``(b) Receipt by Security Holder.--Amounts to which subsection (a) 
applies shall be treated as received by the security holder in the 
taxable year in which the distribution is made.''.
    (b) Exemption From Withholding Taxes on Nonresident Aliens and 
Foreign Corporations.--
            (1) Nonresident aliens.--Section 871 of the Internal 
        Revenue Code of 1986 is amended by redesignating subsection (n) 
        as subsection (o) and by inserting after subsection (m) the 
        following:
    ``(n) Exemption for Qualified Investment Income Dividends of 
Catastrophic Risk Transfer Companies.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        tax shall be imposed under paragraph (1)(A) of subsection (a) 
        on any qualified investment income dividend received from a 
        catastrophic risk transfer company which meets the requirements 
        of section 860M(a) for the taxable year with respect to which 
        the dividend is paid.
            ``(2) Exceptions.--Paragraph (1) shall not apply--
                    ``(A) to any qualified investment income dividend 
                received from a catastrophic risk transfer company by a 
                person to the extent such dividend is attributable to 
                investment income received by such company on 
                indebtedness issued by such person or by any 
                corporation or partnership with respect to which such 
                person is a 10-percent shareholder,
                    ``(B) to any qualified investment income dividend 
                with respect to stock of a catastrophic risk transfer 
                company unless the person who would otherwise be 
                required to deduct and withhold tax from such dividend 
                under chapter 3 receives a statement (which meets 
                requirements similar to the requirements of subsection 
                (h)(5)) that the beneficial owner of such stock is not 
                a United States person, and
                    ``(C) to any qualified investment income dividend 
                paid to any person within a foreign country (or any 
                such dividend payment addressed to, or for the account 
                of, persons within such foreign country) during any 
                period described in subsection (h)(6) with respect to 
                such country.
        Subparagraph (C) shall not apply to any dividend with respect 
        to any stock which was acquired on or before the date of the 
        publication of the Secretary's determination under subsection 
        (h)(6).
            ``(3) Qualified investment income dividend.--For purposes 
        of this paragraph, the term `qualified investment income 
        dividend' means the portion of any dividend distributed by a 
        catastrophic risk transfer company--
                    ``(A) which is attributable to investment income 
                from qualified investments earned during a taxable year 
                in which the catastrophic risk transfer company meets 
                the requirements of subsection (b) of section 860M and 
                subsection (a) of section 860N, and
                    ``(B) which is reported by the company as a 
                qualified investment income dividend in written 
                statements furnished to its security holders.''.
            (2) Foreign corporations.--Section 881 of such Code is 
        amended by redesignating subsection (f) as subsection (g) and 
        by inserting after subsection (e) the following:
    ``(f) Exemption for Qualified Investment Income Dividends of 
Catastrophic Risk Transfer Companies.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        tax shall be imposed under paragraph (1)(A) of subsection (a) 
        on any qualified investment income dividend received from a 
        catastrophic risk transfer company which meets the requirements 
        of section 860M(a) for the taxable year with respect to which 
        the dividend is paid.
            ``(2) Exceptions.--Paragraph (1) shall not apply any 
        dividend described in section 871(n)(2).
            ``(3) Qualified investment income dividend.--For purposes 
        of this paragraph, the term `qualified investment income 
        dividend' has the same meaning given such term by section 
        871(n)(3).''.
    (c) Conforming Amendment.--The table of parts for subchapter M of 
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at 
the end the following new item:

           ``part v-catastrophic risk transfer companies.''.

SEC. 3. STATE TAXATION OF REINSURANCE PREMIUMS OF CATASTROPHIC RISK 
              TRANSFER COMPANIES.

    (a) Prevention of Double Taxation.--A taxing jurisdiction other 
than the State under the laws of which a catastrophic risk transfer 
company is created or organized shall not impose a premium tax on any 
premiums paid to, or received by, such company on a policy of 
reinsurance.
    (b) Coordination of Rate of Premium Tax With Tax on Foreign 
Reinsurers.--If a State allowed under subsection (a) imposes a premium 
tax on a catastrophic risk transfer company on premiums on a policy of 
reinsurance, the amount of such tax shall not exceed the tax which 
would have been imposed under section 4371 of the Internal Revenue Code 
of 1986 if such premiums were paid to a foreign insurer or reinsurer.
    (c) Definitions.--For purposes of this section--
            (1) Catastrophic risk transfer company.--The term 
        ``catastrophic risk transfer company'' has the meaning given 
        such term by section 860M of the Internal Revenue Code of 1986.
            (2) Policy of reinsurance.--The term ``policy of 
        reinsurance'' has the meaning given such term by section 
        4372(f) of such Code.
            (3) Taxing jurisdiction.--The term ``taxing jurisdiction'' 
        means any of the several States, the District of Columbia, or 
        any territory or possession of the United States, any 
        municipality, city, county, or any other political subdivision 
        within the territorial limits of the United States with the 
        authority to impose a premium tax on a policy of reinsurance.
                                 <all>