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Form 1120-PC for South Carolina: What You Should Know

Instructions for Form 1126-SC, U.S. Tax Return for Corporations — Federal Tax Office (FTA) U.S. Property and Casualty Insurance Company Income Test For U.S. property and casualty insurance companies that are not a C Corporation:  First, see that the company has no substantial assets other than the property to be covered by a policy. You must review each policy separately. If there is another insurer, check to see whether they also are required to pay the U.S. tax. The company may be owned by another company or a U.S. company. If the company is a foreign insurance company, and their U.S. insurance agent is located in the U.S., they are not exempt from the U.S. tax. A U.S. agent that is located outside the United States should obtain the required license from the U.S. Department of the Treasury (DO) before providing claims and insurance services. If the company has a U.S. agent located elsewhere and the agent has been in business for less than one year, have the agent provide a statement to us indicating his or her location. If the company is an insurance company other than a U.S. insurance company, see that the policy is: A self-insured contract Ineligible for the policy. (This is usually true for non-U.S.-based insurance.) Self-insured contracts will be considered for self-insurance by the IRS. This means that if the company pays part of the insurance premium, part of the premium will be considered a tax credit to reduce income tax liability on the income tax return. In this case, the amount of the tax credit should be entered as a deduction as discussed in section 6012. The portion that is to be paid out of the premiums on the income tax return will be discussed in the next section. If the company is a U.S. insurance company and the insured does not want his or her insurance policy to be self-insured, the company should be asking for a certification from the insured regarding coverage and his or her preference for the self-insured status. For a U.S. insurance company, a certified letter from an insured providing a written explanation of his or her U.S. insurance policy should be kept. The letter should be kept in case the insured elects the tax benefit described above in section 2.01.

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