IRS Can't Double-Tax Retrocessions, Judge Says

Law360, New York (February 5, 2014, 5:57 PM EST) -- The D.C. District Court on Wednesday found that federal law bars the Internal Revenue Service from collecting excise taxes on certain retrocession insurance policies, ordering the IRS to refund $425,000 in double-imposed taxes to a foreign reinsurance company.

District Judge Amy Berman Jackson said that while the Revenue Code allows the IRS to tax insurance transactions issued by foreign insurers and reinsurers, reinsurance premiums paid to insure other reinsurance policies — called retrocessions — are not subject to taxation. 

“[The government’s] position cannot be squared with...
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