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Introduction

SECTION 3. SAFE HARBORS UNDER

Internal Revenue Bulletin 2004-41 · 2026-10-03 edition · updated 2026-10-04 · United States

SECTION 7702

Pending publication of additional guidance, the following safe harbors will apply for purposes of § 7702:

.01 Notice 88–128 . The interim rules described in Notice 88–128 remain in effect, except as otherwise modified by this notice.

.02 1980 CSO tables . A mortality charge with respect to a life insurance contract will satisfy the requirements of § 7702(c)(3)(B)(i) so long as (1) the mortality charge does not exceed 100 percent of the applicable mortality charge set forth in the 1980 CSO tables; (2) the mortality charge does not exceed the mortality charge specified in the contract at issuance; (3) the contract is issued in a state that permits or requires the use of the 1980 CSO tables at the time the contract is issued; and (4) the contract is issued before January 1, 2009.

.03 2001 CSO tables . A mortality charge with respect to a life insurance contract will satisfy the requirements of § 7702(c)(3)(B)(i) so long as (1) the mortality charge does not exceed 100 percent of the applicable mortality charge set forth in the 2001 CSO tables; (2) the mortality charge does not exceed the mortality charge specified in the contract at issuance; and (3) either the contract is issued after December 31, 2008, or the contract is issued before January 1, 2009, in a state that permits or requires the use of the 2001 CSO tables at the time the contract is issued.

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▸Contents — Internal Revenue Bulletin 2004-41
Internal Revenue Bulletin 2004-41

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