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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 4377 Definitions and special rules us united_states_code code_section 26 INTERNAL REVENUE CODE 34 TAXES ON CERTAIN INSURANCE POLICIES 4377 26 U.S.C. § 4377 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s4377 data/legal/raw/us/code/title-26/usc26.xml 46c32af0c4e1ec3da8d815a04b8f9c0c2aec6da4fac80808354ede06f935c54f a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 4cd3cf5053fc1d3c15735fe4f23f10c06c062a32c40bcf25b8f184d6414da097 2026-07-04 official
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26 U.S.C. § 4377 - Definitions and special rules

Text

(a) Definitions For purposes of this subchapter—

(1) Accident and health coverage The term “accident and health coverage” means any coverage which, if provided by an insurance policy, would cause such policy to be a specified health insurance policy (as defined in section 4375(c)).

(2) Insurance policy The term “insurance policy” means any policy or other instrument whereby a contract of insurance is issued, renewed, or extended.

(3) United States The term “United States” includes any possession of the United States.

(b) Treatment of governmental entities (1) In general For purposes of this subchapter—

(A) the term “person” includes any governmental entity, and

(B) notwithstanding any other law or rule of law, governmental entities shall not be exempt from the fees imposed by this subchapter except as provided in paragraph (2).

(2) Treatment of exempt governmental programs In the case of an exempt governmental program, no fee shall be imposed under section 4375 or section 4376 on any covered life under such program.

(3) Exempt governmental program defined For purposes of this subchapter, the term “exempt governmental program” means—

(A) any insurance program established under title XVIII of the Social Security Act,

(B) the medical assistance program established by title XIX or XXI of the Social Security Act,

(C) any program established by Federal law for providing medical care (other than through insurance policies) to individuals (or the spouses and dependents thereof) by reason of such individuals being members of the Armed Forces of the United States or veterans, and

(D) any program established by Federal law for providing medical care (other than through insurance policies) to members of Indian tribes (as defined in section 4(d) of the Indian Health Care Improvement Act).

(c) Treatment as tax For purposes of subtitle F, the fees imposed by this subchapter shall be treated as if they were taxes.

(d) No cover over to possessions Notwithstanding any other provision of law, no amount collected under this subchapter shall be covered over to any possession of the United States.

(Added Pub. L. 111148, title VI, § 6301(e)(2)(A), Mar. 23, 2010, 124 Stat. 746.)

Notes

Editorial Notes

References in TextThe Social Security Act, referred to in subsec. (b)(3)(A), (B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Section 4(d) of the Indian Health Care Improvement Act, referred to in subsec. (b)(3)(D), is classified to section 1603(d) of Title 25, Indians.