February 6, 2025
Mr. Higgins of Louisiana introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to exclude from gross income certain income from providing real property insurance following certain federally declared disasters.
Section 1. Short title
This Act may be cited as the Restoring Competitive Property Insurance Availability Act
.
Sec. 2. Exclusion of certain income from providing real property insurance following certain federally declared disasters
(a) In general
Part II of subchapter L of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
836. Exclusion of certain income from providing real property insurance following certain federally declared disasters
(a) In general
In the case of each taxable year in the recovery period, there shall be excluded from the gross income of each specified insurance company the qualified real property insurance income of such company for such taxable year with respect to any disaster area.
(b) Specified insurance company
For purposes of this section, the term
specified insurance companymeans, with respect to any disaster area, any insurance company (other than a life insurance company) which, immediately prior to the incident date with respect to such disaster area, provided real property insurance with respect to property located in such disaster area.(c) Qualified real property insurance income
For purposes of this section, the term
qualified real property insurance incomemeans, with respect to any specified insurance company for any taxable year, the excess of—(1)
the premiums received by such insurance company for real property insurance with respect to property located in the disaster area, over
(2)
deductions properly allocable to such premiums.
(d) Real property insurance
For purposes of this section, the term
real property insuranceshall include the coverage of risks associated with personal property if such risks are covered under the same policy that covers risks associated with real property and such personal property is located on such real property.(e) Recovery period
For purposes of this section, the term
recovery periodmeans, with respect to any disaster area, the first 5 taxable years ending after the incident date with respect to such disaster area.(f) Disaster area
For purposes of this section, the term
disaster areahas the meaning given such term in section 7508A(d)(3).(g) Incident date
For purposes of this section, the term
incident datemeans, with respect to any disaster area, the earliest incident date specified in the declaration with respect to such disaster area.
(b) Clerical amendment
The table of sections for part II of subchapter L of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
(c) Effective date
The amendments made by this section shall apply to disaster areas the incident date (as defined in section 836(g) of the Internal Revenue Code of 1986, as added by this section) of which is after December 31, 2024.