Over time, new forms of life insurance with greater and greater over payments were developed to take advantage of the favorable tax treatment. It was also probably inevitable that Congress would eventually question whether the tax treatment of life insurance created unintended loop holes in the tax system. The issue arose because although the Internal Revenue Code (IRC) granted favorable tax treatment to life insurance, there was no statutory definition of the term life insurance. Congress concluded that the absence of a definition of life insurance allowed some products that were designed primarily as investment instruments to shelter what would otherwise be taxable income simply because the products were called life insurance. Congress therefore sought to construct a definition of life insurance that would preserve the favorable tax treatment of those instruments that are actually life insurance but deny it to contracts that are essentially investment instruments.
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