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Sec. 1.815-5 Other accounts defined.

The term "other accounts", as used in section 815(a)(3) and paragraph (b) of section 1.815-2, means all amounts which are not specifically included in the shareholders surplus account under section 815(b) and paragraph (b) of section 1.815-3, or in the policyholders surplus account under section 815(c) and paragraph (b) of section 1.815-4. Thus, for example, other accounts includes amounts representing the increase in tax due to the operation of section 802(b)(3) which is not taken into account for the taxable years 1959 and 1960 because of the special transitional rule provided in section 802(a)(3), earnings and profits accumulated prior to January 1, 1958, paid-in surplus, capital, etc. To the extent that a distribution (or any portion thereof) is treated as being made out of other accounts, no tax is imposed on the company with respect to such distribution.

[T.D. 6535, 26 FR 544, Jan. 20, 1961; amended by T.D. 9849, 84 FR 9231-9239, Mar. 14, 2019.]

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