---
kind: "section"
citation: "26 U.S.C. § 808"
title: "26"
title_heading: "Internal Revenue Code"
number: "808"
heading: "Policyholder dividends deduction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/26/808"
units:
  - "Subtitle A — Income Taxes"
  - "Chapter 1 — Normal Taxes and Surtaxes"
  - "Subchapter L — Insurance Companies"
  - "Part I — Life Insurance Companies"
  - "Subpart C — Life Insurance Deductions"
---

# §808. Policyholder dividends deduction

- (a) **Policyholder dividend defined—** For purposes of this part, the term “[policyholder](/usc/26/812.md?p=b) [dividend](/usc/26/316.md?p=a)” means any [dividend](/usc/26/316.md?p=a) or similar distribution to [policyholders](/usc/26/812.md?p=b) in their capacity as such.
- (b) **Certain amounts included—** For purposes of this part, the term “[policyholder](/usc/26/812.md?p=b) [dividend](/usc/26/316.md?p=a)” includes—
  - (1) any amount paid or credited (including as an increase in benefits) where the amount is not fixed in the [contract](/usc/26/101.md?p=f-3-A) but depends on the experience of the [company](/usc/26/812.md?p=a) or the discretion of the management,
  - (2) excess [interest](/usc/26/856.md?p=f-1),
  - (3) premium adjustments, and
  - (4) experience-rated refunds.
- (c) **Amount of deduction—** The deduction for [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a) for any taxable year shall be an amount equal to the [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a) paid or accrued during the taxable year.
- (d) **Definitions—** For purposes of this section—
  - (1) **Excess interest—** The term “excess [interest](/usc/26/856.md?p=f-1)” means any amount in the nature of [interest](/usc/26/856.md?p=f-1)—
    - (A) paid or credited to a [policyholder](/usc/26/812.md?p=b) in his capacity as such, and
    - (B) in excess of [interest](/usc/26/856.md?p=f-1) determined at the prevailing State assumed rate for such [contract](/usc/26/101.md?p=f-3-A).
  - (2) **Premium adjustment—** The term “premium adjustment” means any reduction in the premium under an [insurance or annuity contract](/usc/26/818.md?p=d) which (but for the reduction) would have been required to be paid under the [contract](/usc/26/101.md?p=f-3-A).
  - (3) **Experience-rated refund—** The term “experience-rated refund” means any refund or credit based on the experience of the [contract](/usc/26/101.md?p=f-3-A) or group involved.
- (e) **Treatment of policyholder dividends—** For purposes of this part, any [policyholder](/usc/26/812.md?p=b) [dividend](/usc/26/316.md?p=a) which—
  - (1) increases the [cash](/usc/26/856.md?p=c-5-K) surrender [value](/usc/26/851.md?p=c-4) of the [contract](/usc/26/101.md?p=f-3-A) or other benefits payable under the [contract](/usc/26/101.md?p=f-3-A), or
  - (2) reduces the premium otherwise required to be paid,

  shall be treated as paid to the [policyholder](/usc/26/812.md?p=b) and returned by the [policyholder](/usc/26/812.md?p=b) to the [company](/usc/26/812.md?p=a) as a premium.

- (f) **Coordination of 1984 fresh-start adjustment with acceleration of policyholder dividends deduction through change in business practice—**
  - (1) **In general—** The amount determined under paragraph (1) of subsection (c) for the year of change shall (before any reduction under paragraph (2) of subsection (c)) be reduced by so much of the accelerated [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a) deduction for such year as does not exceed the 1984 fresh-start adjustment for [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a) (to the extent such adjustment was not previously taken into account under this subsection).
  - (2) **Year of change—** For purposes of this subsection, the term “year of change” means the taxable year in which the change in business practices which results in the accelerated [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a) deduction takes effect.
  - (3) **Accelerated policyholder dividends deduction defined—** For purposes of this subsection, the term “accelerated [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a) deduction” means the amount which (but for this subsection) would be determined for the taxable year under paragraph (1) of subsection (c) but which would have been determined (under such paragraph) for a later taxable year under the business practices of the [taxpayer](/usc/26/1313.md?p=b) as in effect at the close of the preceding taxable year.
  - (4) **1984 fresh-start adjustment for policyholder dividends—** For purposes of this subsection, the term “1984 fresh-start adjustment for [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a)” means the amounts held as of December 31, 1983, by the [taxpayer](/usc/26/1313.md?p=b) as reserves for [dividends](/usc/26/316.md?p=a) to [policyholders](/usc/26/812.md?p=b) under [section 811(b)](/usc/26/811.md?p=b) (as in effect on the day before the date of the enactment of the Tax Reform Act of 1984) other than for [dividends](/usc/26/316.md?p=a) which accrued before January 1, 1984. Such amounts shall be properly reduced to reflect the amount of previously nondeductible [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a) (as determined under [section 809(f)](/usc/26/809.md) as in effect on the day before the date of the enactment of the Tax Reform Act of 1984).
  - (5) **Separate application with respect to lines of business—** This subsection shall be applied separately with respect to each [line of business](/usc/26/846.md?p=e-4) of the [taxpayer](/usc/26/1313.md?p=b).
  - (6) **Subsection not to apply to mere change in dividend amount—** This subsection shall not apply to a mere change in the amount of [policyholder](/usc/26/812.md?p=b) [dividends](/usc/26/316.md?p=a).
  - (7) **Subsection not to apply to policies issued after December 31, 1983—**
    - (A) **In general—** This subsection shall not apply to any [policyholder](/usc/26/812.md?p=b) [dividend](/usc/26/316.md?p=a) paid or accrued with respect to a policy issued after December 31, 1983.
    - (B) **Exchanges of substantially similar policies—** For purposes of [subparagraph (A)](#f-7-A), any policy issued after December 31, 1983, in exchange for a substantially similar policy issued on or before such date shall be treated as issued before January 1, 1984. A similar rule shall apply in the case of a series of exchanges.
  - (8) **Subsection to apply to policies provided under employee benefit plans—** This subsection shall not apply to any [policyholder](/usc/26/812.md?p=b) [dividend](/usc/26/316.md?p=a) paid or accrued with respect to a group policy issued in connection with a plan to provide welfare benefits to [employees](/usc/26/430.md?p=c-7-D-vi) (within the meaning of [section 419(e)(2)](/usc/26/419.md?p=e-2)).
- (g) **Prevailing State assumed interest rate—** For purposes of this subchapter—
  - (1) **In general—** The term “prevailing State assumed [interest](/usc/26/856.md?p=f-1) rate” means, with respect to any [contract](/usc/26/101.md?p=f-3-A), the highest assumed [interest](/usc/26/856.md?p=f-1) rate permitted to be used in computing [life insurance reserves](/usc/26/816.md?p=b-1) for insurance [contracts](/usc/26/101.md?p=f-3-A) or [annuity contracts](/usc/26/414.md?p=z-4-B) (as the case may be) under the insurance laws of at least 26 States. For purposes of the preceding sentence, the effect of nonforfeiture laws of a State on [interest](/usc/26/856.md?p=f-1) rates for reserves shall not be taken into account.
  - (2) **When rate determined—** The prevailing State assumed [interest](/usc/26/856.md?p=f-1) rate with respect to any [contract](/usc/26/101.md?p=f-3-A) shall be determined as of the beginning of the calendar year in which the [contract](/usc/26/101.md?p=f-3-A) was issued.

## Source credit

(Added Pub. L. 98–369, div. A, title II, § 211(a), July 18, 1984, 98 Stat. 732; amended Pub. L. 99–514, title XVIII, § 1821(b), (c), Oct. 22, 1986, 100 Stat. 2838; Pub. L. 108–218, title II, § 205(b)(3), Apr. 10, 2004, 118 Stat. 610; Pub. L. 115–97, title I, § 13517(b)(1), Dec. 22, 2017, 131 Stat. 2147.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Tax Reform Act of 1984, referred to in subsec. (f)(4), is the date of enactment of Pub. L. 98–369, div. A, which was approved July 18, 1984.

### Amendments

2017—Subsec. (g). Pub. L. 115–97 added subsec. (g).

2004—Subsec. (c). Pub. L. 108–218 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

“(1) In general.—Except as limited by paragraph (2), the deduction for policyholder dividends for any taxable year shall be an amount equal to the policyholder dividends paid or accrued during the taxable year.

“(2) Reduction in case of mutual companies.—In the case of a mutual life insurance company, the deduction for policyholder dividends for any taxable year shall be reduced by the amount determined under section 809.”

1986—Subsec. (d)(1)(B). Pub. L. 99–514, § 1821(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “determined at a rate in excess of the prevailing State assumed interest rate for such contract.”

Subsec. (f). Pub. L. 99–514, § 1821(c), added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2017 Amendment

Amendment by Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, with transition rule and transition relief, see section 13517(c) of Pub. L. 115–97, set out as a note under section 807 of this title.

### Effective Date of 2004 Amendment

Amendment by Pub. L. 108–218 applicable to taxable years beginning after Dec. 31, 2004, see section 205(c) of Pub. L. 108–218, set out as a note under section 807 of this title.

### Effective Date of 1986 Amendment

Amendment by 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.