# Pub. L. 108-218: changes to the Internal Revenue Code

2004-04-10, 118 Stat. 598. Source: <https://www.govinfo.gov/link/plaw/108/public/218>.

## Legislative history

- Bill: [H.R. 3108](https://www.congress.gov/bill/108th-congress/house-bill/3108)
- Conference report: [H. Rept. 108-457](https://www.govinfo.gov/content/pkg/CRPT-108hrpt457/html/CRPT-108hrpt457.htm)
- Bluebook: [JCT general explanation (2005)](https://www.govinfo.gov/app/details/CPRT-109JPRT21118)

## § 404: Deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan

- § 404(a)(1): Pub. L. 108–218 added subpar. (F).

## § 412: Minimum funding standards

- § 412(b): Pub. L. 108–218, § 101(b)(1)(C), inserted “or (III)” after “subclause (II)”.
- § 412(b): Pub. L. 108–218, § 101(b)(1)(A), (B), added subcl. (II), redesignated former subcl. (II) as (III), and, in subcl. (III), inserted “or (II)” after “permissible under subclause (I)” and substituted “such subclause” for “subclause (I)” before period at end.
- § 412(b): Pub. L. 108–218, § 104(b), added subpar. (F).
- § 412: Pub. L. 108–218, § 101(b)(2), added subcl. (IV).
- § 412: Pub. L. 108–218, § 102(b), added par. (12).
- § 412: Pub. L. 108–218, § 101(b)(3), amended heading and text of par. (7) generally, substituting provisions relating to special rule for 2002 for provisions relating to special rules for 2002 and 2004.

## § 415: Limitations on benefits and contribution under qualified plans

- § 415(b)(2)(E)(ii): Pub. L. 108–218 inserted before period at end “, except that in the case of plan years beginning in 2004 or 2005, ‘5.5 percent’ shall be substituted for ‘5 percent’ in clause (i)”.

## § 420: Transfers of excess pension assets to retiree health accounts

- § 420(b): Pub. L. 108–218 substituted “2013” for “2005”.

## § 501: Exemption from tax on corporations, certain trusts, etc.

- § 501(c)(15)(A): Pub. L. 108–218, § 206(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Insurance companies or associations other than life (including interinsurers and reciprocal underwriters) if the net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $350,000.”
- § 501(c)(15)(C): Pub. L. 108–218, § 206(b), inserted before period at end “, except that in applying section 831(b)(2)(B)(ii) for purposes of this subparagraph, subparagraphs (B) and (C) of section 1563(b)(2) shall be disregarded”.

## § 807: Rules for certain reserves

- § 807(a)(2)(B), § 807(b)(1)(B): Pub. L. 108–218, § 205(b)(1), struck out “the sum of (i)” before “the amount” and struck out “plus (ii) any excess described in section 809(a)(2) for the taxable year,” after “to which section 264(f) applies,”.
- § 807(d)(1): Pub. L. 108–218, § 205(b)(2)(A), substituted “paragraph (6)” for “section 809(b)(4)(B)” in concluding provisions.
- § 807(d): Pub. L. 108–218, § 205(b)(2)(B), added par. (6).

## § 808: Policyholder dividends deduction

- § 808(c): Pub. L. 108–218 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

## § 812: Definition of company’s share and policyholder’s share

- § 812(b): Pub. L. 108–218 substituted “section 808” for “sections 808 and 809”.

## § 817: Treatment of variable contracts

- § 817(c): Pub. L. 108–218, in introductory provisions, struck out “(other than section 809)” after “For purposes of this part”.

## § 831: Tax on insurance companies other than life insurance companies

- § 831(b)(2)(A)(i): Pub. L. 108–218, § 206(d), struck out “exceed $350,000 but” after “taxable year”.
- § 831(c), § 831(d): Pub. L. 108–218, § 206(c), added subsec. (c) and redesignated former subsec. (c) as (d).

## § 842: Foreign companies carrying on insurance business

- § 842(c): Pub. L. 108–218 redesignated par. (4) as (3) and struck out heading and text of former par. (3). Text read as follows: “For purposes of section 809, the equity base of any foreign mutual life insurance company as of the close of any taxable year shall be increased by the excess of—