Description: The guidance provided by the proposed regulations specifically related to insurance is the first detailed set of rules provided under FATCA and incorporates many of the topics identified as issue areas in the comment letters received by Treasury from domestic and foreign insurance companies and trade associations over the past two years. This article focuses on the provisions that apply specifically to insurance companies.

Description: The different broad purposes served by the material change concept under federal tax law are outlined. More specific material change and similar issues that are pertinent to particular Code provisions and guidance from the IRS that has addressed those issues are also addressed. In the final part of this article, authors comment on whether any overarching principles can be gleaned that can assist insurers and policy owners in making decisions about whether particular changes can safely be made, and thoughts are offered with respect to future potential IRS guidance that would be helpful as taxpayers navigate these often uncertain waters.