The IRS released Revenue Ruling 2016-03 concluding that it will no longer apply the one-percent federal excise tax (“FET”) imposed by section 4371(3) to premiums paid on a policy of reinsurance issued by one foreign reinsurer to another foreign insurer or reinsurer. The ruling revokes Revenue Ruling 2008-15 which was recently contested in Validus Reinsurance, Ltd. v. United States, 786 F.3d 1039 (2015). Taxpayers that paid FET in situations described in Rev. Rul. 2008-15 should evaluate the filing of refund claims.
Mark S. Smith
Managing Director, Tax Services, PwC US