When Are Premiums Paid to a Captive Insurance Company Deductible for Federal Income Tax Purposes?

Looking up modern office buildings blue skyLooking up modern office buildings blue sky

When Are Premiums Paid to a Captive Insurance Company Deductible for Federal Income Tax Purposes?

April 01, 2026

United States
United States
United States
Captive.com

In an article published by Captive.com, Eversheds Sutherland attorneys Saren Goldner, Kriss Rizzolo, and Bruce Wright examine when premiums paid to a captive insurance company are deductible for federal income tax purposes. The authors explain that deductibility turns on whether the captive arrangement will be respected as “true insurance,” focusing on factors such as risk transfer, risk distribution, and alignment with commonly accepted notions of insurance under IRS guidance and case law.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer.

Services

Key contacts

sarengoldner@eversheds-sutherland.com

Saren Goldner

Partner

New York, United States

kristanrizzolo@eversheds-sutherland.com

M. Kristan Rizzolo

Senior Counsel

Washington, DC, United States

brucewright@eversheds-sutherland.com

P. Bruce Wright

Of Counsel

New York, United States

Latest Insights

Latest News

Latest Events

shopping district

legal updates

May 29, 2026

Consumer Lens - Session 1 | The Rise of European Class Actions

Business meeting close up discussing data

podcasts and webcasts

May 29, 2026

Tax NOLs in Cross-Border Structures Webinar

Pay-Transparency-Waterdroplets-on-glass

legal updates

May 28, 2026

EU Pay Transparency Directive

Low angle skyscrapers glass offices modern city architecture perspective

legal updates

May 26, 2026

Soft Focus

© Eversheds Sutherland 2026. All rights reserved. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website. For information on Konexo please also see the Legal Notices page of this website.