Title II — TAX ON INCOME
(B)
Mutual Insurance Companies. — In the case of mutual fire and mutual
employers’ liability and mutual workmen’s compensation and mutual
casualty insurance companies requiring their members to make premium
deposits to provide for losses and expenses, said companies shall not
return as income any portion of the premium deposits returned to their
policyholders, but shall return as taxable income all income received by
them from all other sources plus such portion of the premium deposits
as are retained by the companies for purposes other than the payment of
losses and expenses and reinsurance reserves.
(C)
Mutual Marine Insurance Companies. — Mutual marine insurance
companies shall include in their return of gross income, gross premiums
collected and received by them less amounts paid for reinsurance, but
shall be entitled to include in the deductions from gross income amounts
repaid to policyholders on account of premiums previously paid by them
and interest paid upon those amounts between the ascertainment and
payment thereof.
(D)
Assessment Insurance Companies. — Assessment insurance companies,
whether domestic or foreign, may deduct from their gross income
the actual deposit of sums with the officers of the Government of the
Philippines pursuant to law, as additions to guarantee or reserve funds.
SEC. 38. Losses from Wash Sales of Stock or Securities. —
(A)
In the case of any loss claimed to have been sustained from any sale or
other disposition of shares of stock or securities where it appears that
within a period beginning thirty (30) days before the date of such sale
or disposition and ending thirty (30) days after such date, the taxpayer
has acquired (by purchase or by exchange upon which the entire amount
of gain or loss was recognized by law), or has entered into a contract or
option so to acquire, substantially identical stock or securities, then no
deduction for the loss shall be allowed under Section 34 unless the claim
is made by a dealer in stock or securities and with respect to a transaction
made in the ordinary course of the business of such dealer.
(B)
If the amount of stock or securities acquired (or covered by the contract
or option to acquire) is less than the amount of stock or securities sold or
otherwise disposed of, then the particular shares of stock or securities,
the loss from the sale or other disposition of which is not deductible, shall
be determined under rules and regulations prescribed by the Secretary of
Finance, upon recommendation of the Commissioner.
(C)
If the amount of stock or securities acquired (or covered by the contract or
option to acquire) is not less than the amount of stock or securities sold or
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
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