---
kind: "section"
citation: "26 U.S.C. § 814"
title: "26"
title_heading: "Internal Revenue Code"
number: "814"
heading: "Contiguous country branches of domestic life insurance companies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/26/814"
units:
  - "Subtitle A — Income Taxes"
  - "Chapter 1 — Normal Taxes and Surtaxes"
  - "Subchapter L — Insurance Companies"
  - "Part I — Life Insurance Companies"
  - "Subpart D — Accounting, Allocation, and Foreign Provisions"
---

# §814. Contiguous country branches of domestic life insurance companies

- (a) **Exclusion of items—** In the case of a domestic mutual insurance [company](/usc/26/812.md?p=a) which—
  - (1) is a [life insurance company](/usc/26/816.md?p=a),
  - (2) has a contiguous country life insurance branch, and
  - (3) makes the election provided by [subsection (g)](#g) with respect to such branch,

  there shall be excluded from each item involved in the [determination](/usc/26/1313.md?p=a) of [life insurance company](/usc/26/816.md?p=a) [taxable income](/usc/26/63.md?p=a) the items separately accounted for in accordance with [subsection (c)](#c).

- (b) **Contiguous country life insurance branch—** For purposes of this section, the term contiguous country life insurance branch means a branch which—
  - (1) issues insurance [contracts](/usc/26/101.md?p=f-3-A) insuring risks in connection with the lives or health of residents of a country which is contiguous to the [United States](/usc/26/993.md?p=g),
  - (2) has its principal place of business in such contiguous country, and
  - (3) would constitute a mutual [life insurance company](/usc/26/816.md?p=a) if such branch were a separate domestic insurance [company](/usc/26/812.md?p=a).

  For purposes of this section, the term “insurance [contract](/usc/26/101.md?p=f-3-A)” means any life, health, accident, or [annuity contract](/usc/26/414.md?p=z-4-B) or reinsurance [contract](/usc/26/101.md?p=f-3-A) or any [contract](/usc/26/101.md?p=f-3-A) relating thereto.

- (c) **Separate accounting required—** Any [taxpayer](/usc/26/1313.md?p=b) which makes the election provided by [subsection (g)](#g) shall establish and maintain a separate account for the various income, exclusion, deduction, asset, reserve, liability, and surplus items properly attributable to the [contracts](/usc/26/101.md?p=f-3-A) described in [subsection (b)](#b). Such separate accounting shall be made—
  - (1) in accordance with the method regularly employed by such [company](/usc/26/812.md?p=a), if such method clearly reflects income derived from, and the other items attributable to, the [contracts](/usc/26/101.md?p=f-3-A) described in [subsection (b)](#b), and
  - (2) in all other cases, in accordance with regulations prescribed by the Secretary.
- (d) **Recognition of gain on assets in branch account—** If the aggregate fair market [value](/usc/26/851.md?p=c-4) of all the invested assets and tangible [property](/usc/26/317.md?p=a) which are separately accounted for by the domestic [life insurance company](/usc/26/816.md?p=a) in the branch account established pursuant to [subsection (c)](#c) exceeds the aggregate adjusted basis of such assets for purposes of determining gain, then the domestic [life insurance company](/usc/26/816.md?p=a) shall be treated as having sold all such assets on the first day of the first taxable year for which the election is in effect at their fair market [value](/usc/26/851.md?p=c-4) on such first day. Notwithstanding any other provision of this chapter, the net gain shall be recognized to the domestic [life insurance company](/usc/26/816.md?p=a) on the deemed sale described in the preceding sentence.
- (e) **Transactions between contiguous country branch and domestic life insurance company—**
  - (1) **Reimbursement for home office services, etc.** Any payment, transfer, reimbursement, credit, or allowance which is made from a separate account established pursuant to [subsection (c)](#c) to one or more other accounts of a domestic [life insurance company](/usc/26/816.md?p=a) as reimbursement for costs incurred for or with respect to the insurance (or reinsurance) of risks accounted for in such separate account shall be taken into account by the domestic [life insurance company](/usc/26/816.md?p=a) in the same manner as if such payment, transfer, reimbursement, credit, or allowance had been received from a separate person.
  - (2) **Repatriation of income—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#e-2-B), any amount directly or [indirectly](/usc/26/101.md?p=a-3-B) transferred or credited from a branch account established pursuant to [subsection (c)](#c) to one or more other accounts of such [company](/usc/26/812.md?p=a) shall, unless such transfer or credit is a reimbursement to which [paragraph (1)](#e-1) applies, be added to the income of the domestic [life insurance company](/usc/26/816.md?p=a).
    - (B) **Limitation—** The addition provided by [subparagraph (A)](#e-2-A) for the taxable year with respect to any contiguous country life insurance branch shall not exceed the amount by which—
      - (i) the aggregate decrease in the tentative LICTI of the domestic [life insurance company](/usc/26/816.md?p=a) for the taxable year and for all prior taxable years resulting solely from the application of [subsection (a)](#a) of this section with respect to such branch, exceeds
      - (ii) the amount of additions to tentative LICTI pursuant to [subparagraph (A)](#e-2-A) with respect to such contiguous country branch for all prior taxable years.
    - (C) **Transitional rule—** For purposes of this paragraph, in the case of a prior taxable year beginning before January 1, 1984, the term “tentative LICTI” means [life insurance company](/usc/26/816.md?p=a) [taxable income](/usc/26/63.md?p=a) determined under this part (as in effect for such year) without regard to this paragraph.
- (f) **Other rules—**
  - (1) **Treatment of foreign taxes—** No income, war profits, or excess profits taxes paid or accrued to any foreign country or possession of the [United States](/usc/26/993.md?p=g) which is attributable to income excluded under [subsection (a)](#a) shall be taken into account for purposes of subpart A of part III of subchapter N (relating to foreign tax credit) or allowable as a deduction.
  - (2) **United States source income allocable to contiguous country branch—** For purposes of sections [881](/usc/26/881.md), [882](/usc/26/882.md), and [1442](/usc/26/1442.md), each contiguous country life insurance branch shall be treated as a foreign corporation. Such sections shall be applied to each such branch in the same manner as if such sections contained the provisions of any treaty to which the [United States](/usc/26/993.md?p=g) and the contiguous country are parties, to the same extent such provisions would apply if such branch were incorporated in such contiguous country.
- (g) **Election—** A [taxpayer](/usc/26/1313.md?p=b) may make the election provided by this subsection with respect to any contiguous country for any taxable year. An election made under this subsection for any taxable year shall remain in effect for all subsequent taxable years, except that it may be revoked with the consent of the Secretary. The election provided by this subsection shall be made not later than the time prescribed by law for filing the return for the taxable year (including extensions thereof) with respect to which such election is made, and such election and any approved revocation thereof shall be made in the manner provided by the Secretary.
- (h) **Special rule for domestic stock life insurance companies—** At the election of a domestic [stock](/usc/26/1504.md?p=a-4) [life insurance company](/usc/26/816.md?p=a) which has a contiguous country life insurance branch described in [subsection (b)](#b) (without regard to the mutual requirement in [subsection (b)(3)](#b-3)), the assets of such branch may be transferred to a foreign corporation organized under the laws of the contiguous country without the application of section 367. [Subsection (a)](#a) shall apply to the [stock](/usc/26/1504.md?p=a-4) of such foreign corporation as if such domestic [company](/usc/26/812.md?p=a) were a mutual [company](/usc/26/812.md?p=a) and as if the [stock](/usc/26/1504.md?p=a-4) were an item described in [subsection (c)](#c). [Subsection (e)(2)](#e-2) shall apply to amounts transferred or credited to such domestic [company](/usc/26/812.md?p=a) as if such domestic [company](/usc/26/812.md?p=a) and such foreign corporation constituted one domestic mutual [life insurance company](/usc/26/816.md?p=a). The insurance [contracts](/usc/26/101.md?p=f-3-A) which may be transferred pursuant to this subsection shall include only those which are similar to the types of insurance [contracts](/usc/26/101.md?p=f-3-A) issued by a mutual [life insurance company](/usc/26/816.md?p=a). Notwithstanding the first sentence of this subsection, if the aggregate fair market [value](/usc/26/851.md?p=c-4) of the invested assets and tangible [property](/usc/26/317.md?p=a) which are separately accounted for by the domestic [life insurance company](/usc/26/816.md?p=a) in the branch account exceeds the aggregate adjusted basis of such assets for purposes of determining gain, the domestic [life insurance company](/usc/26/816.md?p=a) shall be deemed to have sold all such assets on the first day of the taxable year for which the election under this subsection applies and the net gain shall be recognized to the domestic [life insurance company](/usc/26/816.md?p=a) on the deemed sale, but not in excess of the proportion of such net gain which equals the proportion which the aggregate fair market [value](/usc/26/851.md?p=c-4) of such assets which are transferred pursuant to this subsection is of the aggregate fair market [value](/usc/26/851.md?p=c-4) of all such assets.

## Source credit

(Added Pub. L. 98–369, div. A, title II, § 211(a), July 18, 1984, 98 Stat. 744; amended Pub. L. 105–34, title XI, § 1131(c)(1), Aug. 5, 1997, 111 Stat. 980; Pub. L. 115–97, title I, § 14301(c)(5), Dec. 22, 2017, 131 Stat. 2222.)

## Notes

### Editorial Notes

### Amendments

2017—Subsec. (f)(1). Pub. L. 115–97 redesignated subpar. (A) as par. (1), struck out subpar. (A) heading “In general”, and struck out subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “For purposes of sections 78 and 902, where any amount is added to the life insurance company taxable income of the domestic life insurance company by reason of subsection (e)(2), the contiguous country life insurance branch shall be treated as a foreign corporation. Any amount so added shall be treated as a dividend paid by a foreign corporation, and the taxes paid to any foreign country or possession of the United States with respect to such amount shall be deemed to have been paid by such branch.”

1997—Subsec. (h). Pub. L. 105–34 struck out “or 1491” after “section 367”.

### Statutory Notes and Related Subsidiaries

### New Section 814 Treated as Continuation of Section 819A

Pub. L. 98–369, div. A, title II, § 217(a), July 18, 1984, 98 Stat. 762, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “For purposes of section 814 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to contiguous country branches of domestic life insurance companies)— any election under section 819A of such Code (as in effect on the day before the date of the enactment of this Act [July 18, 1984]) shall be treated as an election under such section 814, and any reference to a provision of such section 814 shall be treated as including a reference to the corresponding provision of such section 819A.”

### Effective Date of 2017 Amendment

Amendment by Pub. L. 115–97 applicable to taxable years of foreign corporations beginning after Dec. 31, 2017, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see section 14301(d) of Pub. L. 115–97, set out as a note under section 78 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.