§ 817A. Special rules for modified guaranteed contracts
(b)
Segregated assets under modified guaranteed contracts marked to market
(1)
In general
In the case of any life insurance company, for purposes of this subtitle—
(A)
Any gain or loss with respect to a segregated asset shall be treated as ordinary income or loss, as the case may be.
(B)
If any segregated asset is held by such company as of the close of any taxable year—
(i)
such company shall recognize gain or loss as if such asset were sold for its fair market value on the last business day of such taxable year, and
Proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under the preceding sentence. The Secretary may provide by regulations for the application of this subparagraph at times other than the times provided in this subparagraph.
(d)
Modified guaranteed contract defined
For purposes of this section, the term “modified guaranteed contract” means a contract not described in section
817—
(1)
all or part of the amounts received under which are allocated to an account which, pursuant to State law or regulation, is segregated from the general asset accounts of the company and is valued from time to time with reference to market values,
(4)
which provides for a net surrender value or a policyholder’s fund (as defined in section
807
(e)(1)).
If only a portion of a contract is not described in section
817, such portion shall be treated for purposes of this section as a separate contract.
(e)
Regulations
The Secretary may prescribe regulations—
(1)
to provide for the treatment of market value adjustments under sections
72,
7702,
7702A, and
807
(e)(1)(B),
(2)
to determine the interest rates applicable under sections
807
(c)(3),
807
(d)(2)(B), and
812 with respect to a modified guaranteed contract annually, in a manner appropriate for modified guaranteed contracts and, to the extent appropriate for such a contract, to modify or waive the applicability of section
811
(d),