[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6732 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6732
To direct the Secretary of the Treasury to modify certain regulations
relating to insurance-dedicated exchange-traded funds.
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IN THE HOUSE OF REPRESENTATIVES
May 5, 2020
Mr. Wenstrup introduced the following bill; which was referred to the
Committee on Ways and Means
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A BILL
To direct the Secretary of the Treasury to modify certain regulations
relating to insurance-dedicated exchange-traded funds.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.
(a) In General.--Not later than the date which is 1 year after the
date of the enactment of this Act, the Secretary of the Treasury (or
the Secretary's delegate) shall amend the regulation issued by the
Department of the Treasury relating to ``Income Tax; Diversification
Requirements for Variable Annuity, Endowment, and Life Insurance
Contracts'', 54 Fed. Reg. 8728 (March 2, 1989), and make any necessary
corresponding amendments to other regulations, in order to facilitate
the use of exchange-traded funds as investment options under variable
contracts within the meaning of section 817(d) of the Internal Revenue
Code of 1986, in accordance with subsections (b) and (c) of this
section.
(b) Designate Certain Authorized Participants and Market Makers as
Eligible Investors.--The Secretary of the Treasury (or the Secretary's
delegate) shall amend Treas. Reg. section 1.817-5(f)(3) to provide that
satisfaction of the requirements in Treas. Reg. section 1.817-
5(f)(2)(i) with respect to an exchange-traded fund shall not be
prevented by reason of beneficial interests in such a fund being held
by one or more authorized participants or market makers.
(c) Confirm That Similarities to Other Funds Are Irrelevant.--The
Secretary of the Treasury (or the Secretary's delegate) shall amend
Treas. Reg. section 1.817-5(f) to confirm that, for Federal income tax
purposes, a regulated investment company, partnership, or trust
(including an exchange-traded fund) that satisfies the requirements of
Treas. Reg. section 1.817-5(f) (2) and (3) shall not be treated as
owned by the holder of a variable contract pursuant to the principles
of Rev. Rul. 81-225, 1981-2 C.B. 12, merely because another regulated
investment company, partnership, trust, or similar investment vehicle
follows the same investment strategy, has the same investment manager,
or holds the same investments.
(d) Define Relevant Terms.--In amending Treas. Reg. section 1.817-
5(f)(3) in accordance with subsections (b) and (c) of this section, the
Secretary of the Treasury (or the Secretary's delegate) shall provide
definitions consistent with the following:
(1) Exchange-traded fund.--The term ``exchange-traded
fund'' means a regulated investment company, partnership, or
trust--
(A) that is registered with the Securities and
Exchange Commission as an open-end investment company
or a unit investment trust;
(B) the shares of which can be purchased or
redeemed directly from the fund only by an authorized
participant; and
(C) the shares of which are traded throughout the
day on a national stock exchange at market prices that
may or may not be the same as the net asset value of
the shares.
(2) Authorized participant.--The term ``authorized
participant'' means a financial institution that is a member or
participant of a clearing agency registered under section
17A(b) of the Securities Exchange Act of 1934 that enters into
a contractual relationship with an exchange-traded fund
pursuant to which the financial institution is permitted to
purchase and redeem shares directly from the fund and to sell
such shares to third parties, but only if the contractual
arrangement or applicable law precludes the financial
institution from--
(A) purchasing the shares for its own investment
purposes rather than for the exclusive purpose of
creating and redeeming such shares on behalf of third
parties; and
(B) selling the shares to third parties who are not
market makers or otherwise described in Treas. Reg.
section 1.817-5(f) (1) and (3).
(3) Market maker.--The term ``market maker'' means a
financial institution that is a registered broker or dealer
under section 15(b) of the Securities Exchange Act of 1934 that
maintains liquidity for an exchange-traded fund on a national
stock exchange by being always ready to buy and sell shares of
such fund on the market, but only if the financial institution
is contractually or legally precluded from selling or buying
such shares to or from persons who are not authorized
participants or otherwise described in Treas. Reg. section
1.817-5(f) (2) and (3).
(e) Effective Dates, Enforcement, and Interpretations.--
(1) Effective dates.--
(A) Subsection (b), and the definitions under
subsection (d), shall apply to segregated asset account
investments made on or after the date of enactment of
this Act.
(B) Subsection (c) shall apply to taxable years
beginning after December 31, 1983.
(2) Enforcement and interpretations.--Prior to the date
that the Secretary of the Treasury (or the Secretary's
delegate) issues final regulations pursuant to this section--
(A) the Secretary (or delegate) shall administer
and enforce the law in accordance with this section and
the effective dates in paragraph (1) of this
subsection; and
(B) taxpayers may rely upon their reasonable good
faith interpretations of the preceding subsections of
this section.
<all>
To direct the Secretary of the Treasury to modify certain regulations relating to insurance-dedicated exchange-traded funds.
#6732 | HR Congress #116
Policy Area: Taxation
Last Action: Referred to the House Committee on Ways and Means. (5/5/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text