n-06-42.pdf

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Part III - Administrative, Procedural, and Miscellaneous

Determination of Gross Receipts for Purposes of Section 501(c)(15)

Notice 2006-42

SECTION 1. PURPOSE
This notice provides guidance as to the meaning of “gross receipts” for purposes
of § 501(c)(15)(A) of the Internal Revenue Code.
SECTION 2. BACKGROUND
Section 501(a) of the Code provides generally that an organization described in
§ 501(c) shall be exempt from federal income taxation. An insurance company (as
defined in § 816(a)), other than a life insurance company, is described in § 501(c)(15),
and is therefore exempt from income tax under § 501(a), if its gross receipts for the
taxable year do not exceed $600,000 and more than 50 percent of those gross receipts
consist of premiums. Section 501(c)(15)(A)(i). A non-life mutual insurance company
not meeting the requirements of the previous sentence is nonetheless described in
§ 501(c)(15) if its gross receipts for the taxable year do not exceed $150,000 and more
than 35 percent of those gross receipts consist of premiums. Section 501(c)(15)(A)(ii).
Amounts received by all members of the insurance company's controlled group (as
defined in section 501(c)(15)(C)) are taken into account for purposes of these tests.

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Section 501(c)(15)(B).
The gross receipts and percentage of income from premium requirements
described above were added to the Code in 2004 by § 206 of the Pension Funding
Equity Act, Pub. L. No. 108-218 (the “Act”). The legislative history of the Act states that
“it is intended that the provision not permit the use of small companies . . . to shelter
investment income”. H.R. Conf. Rep. 108-457, at 48 (2004).
SECTION 3. DETERMINATION OF GROSS RECEIPTS
This notice advises taxpayers that the Service will include amounts received from
the following sources during the taxable year in "gross receipts" for purposes of
§ 501(c)(15)(A):
A. Premiums (including deposits and assessments), without reduction for return
premiums or premiums paid for reinsurance;
B. Items described in § 834(b) (gross investment income of a non-life insurance
company); and
C. Other items that are properly included in the taxpayer's gross income under
subchapter B of chapter 1, subtitle A, of the Code.
Thus, gross receipts include both tax-free interest and the gain (but not the entire
amount realized) from the sale or exchange of capital assets, because those items are
described in § 834(b). Gross receipts do not, however, include amounts other than
premium income or gross investment income unless those amounts are otherwise
included in gross income. Accordingly, the term gross receipts does not include
contributions to capital excluded from gross income under § 118, or salvage or

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reinsurance recovered accounted for as offsets to losses incurred under
§ 832(b)(5)(A)(i).
SECTION 4. DRAFTING INFORMATION
The principal author of this notice is Sarah R. Katz of TE/GE Division, Exempt
Organizations. For further information regarding this notice, contact Ms. Katz at (202)
283-8934 (not a toll-free call).