Income Taxes

12 Months Ended

Dec. 31, 2023

Income Tax Disclosure [Abstract]

Income Taxes

Arch Capital is incorporated under the laws of Bermuda and, under current Bermuda law, is not obligated to pay any taxes in Bermuda based upon income or capital gains. The Company has received a written undertaking from the Minister of Finance in Bermuda under the Exempted Undertakings Tax Protection Act 1966 assuring that, in the event that any legislation is enacted in Bermuda imposing any tax computed on profits, income, gain or appreciation on any capital asset, or any tax in the nature of estate duty or inheritance tax, such tax will not be applicable to Arch Capital or any of its operations until March 31, 2035. However, on December 27, 2023, the Government of Bermuda enacted the Bermuda CIT Act, which will become effective for tax years beginning on or after January 1, 2025. Given the potential for the new corporate income tax regime in Bermuda to supersede the Minister of Finance’s assurance, the Company is likely to become subject to taxes in Bermuda before March 31, 2035.

The Bermuda CIT Act will apply a 15% corporate income tax to certain Bermuda constituent entities of multi-national

groups in fiscal years beginning on or after January 1, 2025. The act includes a provision referred to as the economic transition adjustment, which is intended to provide a fair and equitable transition into the tax regime. Pursuant to this legislation, the Company recorded a $1.18 billion net deferred income tax asset in the fourth quarter of 2023, expected to be utilized predominantly over a 10-year period. The Company expects to incur and pay increased taxes in Bermuda beginning in 2025.

Arch Capital and its non-U.S. subsidiaries will be subject to U.S. federal income tax only to the extent that they derive U.S. source income that is subject to U.S. withholding tax, or income that is effectively connected with the conduct of a trade or business within the U.S. and is not exempt from U.S. tax under an applicable income tax treaty with the U.S., or because a non-U.S. subsidiary has elected to be treated as a U.S. taxpayer. Arch Capital and its non-U.S. subsidiaries will be subject to a withholding tax on dividends from U.S. investments and interest from certain U.S. payors (subject to reduction by any applicable income tax treaty). Arch Capital and its non-U.S. subsidiaries intend to conduct their operations in a manner that will not cause them to be treated as engaged in a trade or business in the United States and, therefore, will not be required to pay U.S. federal income

taxes (other than U.S. excise taxes on insurance and reinsurance premium and withholding taxes on dividends and certain other U.S. source investment income). However, because there is uncertainty as to the activities which constitute being engaged in a trade or business within the United States, there can be no assurances that the U.S. Internal Revenue Service will not contend successfully that Arch Capital, or its non-U.S. subsidiaries that do not elect to become U.S. taxpayers, are engaged in a trade or business in the United States. If Arch Capital or any of its non-U.S. subsidiaries were subject to U.S. income tax, Arch Capital’s shareholders’ equity and earnings could be materially adversely affected. Arch Capital has subsidiaries and branches that operate in various jurisdictions around the world that are subject to tax in the jurisdictions in which they operate. The significant jurisdictions in which Arch Capital’s subsidiaries and branches are subject to tax are the United States, United Kingdom, Ireland, Canada, Switzerland, Australia and Denmark.

The components of income taxes attributable to operations were as follows:

	Year Ended December 31,
	2023		2022		2021
Current expense (benefit):
United States	$	251	$	195	$	284
Non-U.S.	37		6		11
	288		201		295
Deferred expense (benefit):
United States	(20)		(96)		(123)
Non-U.S.	(1,141)		(25)		(44)
	(1,161)		(121)		(167)
Income tax expense (benefit)	$	(873)	$	80	$	128

The Company’s income or loss before income taxes was earned in the following jurisdictions:

	Year Ended December 31,
	2023		2022		2021
Income (Loss) Before Income Taxes:
Bermuda	$	2,099	$	986	$	1,519
United States	1,239		401		643
Other	232		175		206
Total	$	3,570	$	1,562	$	2,368

The expected tax provision computed on pre-tax income or loss at the weighted average tax rate has been calculated as the sum of the pre-tax income in each jurisdiction multiplied by that jurisdiction’s applicable statutory tax rate. The 2023 applicable statutory tax rates by jurisdiction were as follows: Bermuda (0.0%), United States (21.0%), United Kingdom (25.0%), Ireland (12.5%), Denmark (22.0%), Canada (26.5%), Gibraltar (12.5%), Australia (30.0%), Hong Kong (16.5%) and the Netherlands (25.8%).

A reconciliation of the difference between the provision for income taxes and the expected tax provision at the weighted average tax rate follows:

	Year Ended December 31,
	2023		2022		2021
Expected income tax expense (benefit) computed on pre-tax income at weighted average income tax rate	$	300	$	110	$	158
Addition (reduction) in income tax expense (benefit) resulting from:
Investment income	(14)		(13)		(24)
State taxes, net of U.S. federal tax benefit	6		11		21
Dividend withholding taxes	9		11		12
Change in valuation allowance	4		(23)		(40)
Base eroding tax	9		8		—
Share based compensation	(13)		(9)		(5)
Tax credits	(3)		(10)		—
Change in tax rate	(1,179)		(5)		—
Other	8		—		6
Income tax expense (benefit)	$	(873)	$	80	$	128

The effect of a change in tax laws or rates on deferred income tax assets and liabilities is recognized in income in the period in which such change is enacted.

Deferred income tax assets and liabilities reflect temporary differences based on enacted tax rates between the carrying amounts of assets and liabilities for financial reporting and income tax purposes.

Significant components of the Company’s deferred income tax assets and liabilities were as follows:

	December 31,
	2023		2022
Deferred income tax assets:
Net operating loss	$	93	$	77
Discounting of net loss reserves	219		78
Net unearned premium reserve	133		97
Compensation liabilities	64		55
Foreign tax credit carryforward	16		17
Goodwill and intangible assets	1,020		—
Bad debt reserves	16		17
Depreciation and amortization	133		141
Lease liability	31		27
Net unrealized decline of investments	89		193
Lloyds year of account deferral	—		1
Fair value adjustment to senior notes	41		—
Other, net	13		11
Deferred income tax assets before valuation allowance	1,868		714
Valuation allowance	(15)		(7)
Deferred income tax assets net of valuation allowance	1,853		707
Deferred income tax liabilities:
Goodwill and intangibles	—		(39)
Lloyds year of account deferral	(13)		—
Contingency reserve	(50)		(44)
Deferred policy acquisition costs	(144)		(64)
Investment related	(13)		(9)
Right-of-use asset	(24)		(21)
Total deferred income tax liabilities	(245)		(177)
Net deferred income tax assets	$	1,608	$	530

The Company provides a valuation allowance to reduce the net value of certain deferred income tax assets to an amount which management expects to more likely than not be realized. As of December 31, 2023, the Company’s valuation allowance was $15 million, compared to $7 million at December 31, 2022. The valuation allowance at December 31, 2023, was primarily attributable to valuation allowances on the Company’s Australia, Gibraltar and Hong Kong operations and certain other deferred income tax assets relating to tax attributes that have a limited use.

At December 31, 2023, the Company’s net operating loss carryforwards and tax credits were as follows:

	Year Ended December 31,
	2023		Expiration
Operating Loss Carryforwards
United Kingdom	$	198	No expiration
Ireland	24		No expiration
Australia	47		No expiration
Hong Kong	32		No expiration
Gibraltar	24		No expiration
Cyprus	1		No expiration
United States (1)	78		2029 - 2038
Tax Credits
U.K. foreign tax credits	10		No expiration
U.S. foreign tax credits	6		2029 - 2033

(1) The Company’s U.S. operations have recorded $78 million of net operating loss (“NOL”) carryforwards that are subject to annual usage limitations under Section 382 of the Internal Revenue Code (“the Code”). The NOL limitations are related to acquisitions of the CMG entities in January 2014, Ventus Risk Management Inc. in August 2019, and Verifly Insurance Services, LLC, and Verifly USA Inc. in April 2023. In accordance with Section 382 of the Code, utilization of the acquired NOLs is limited to approximately $2 million per year through December 31, 2027, approximately $1 million through December 31, 2038, and $0.3 million thereafter.

The Company’s U.S. mortgage operations are eligible for a tax deduction, subject to certain limitations, under Section 832(e) of the Code for amounts required by state law or regulation to be set aside in statutory contingency reserves. The deduction is allowed only to the extent that the Company purchases non-interest bearing U.S. Mortgage Guaranty Tax and Loss Bonds (“T&L Bonds”) issued by the U.S. Treasury Department in an amount equal to the tax benefit derived from deducting any portion of the statutory contingency reserves. T&L Bonds are reflected in ‘other assets’ on the Company’s balance sheet and totaled approximately $42 million at December 31, 2023, compared to $12 million at December 31, 2022.

Deferred income tax liabilities have not been accrued with respect to the undistributed earnings of the Company's U.S., U.K. and Ireland subsidiaries as it is the Company’s intention that all such earnings will be indefinitely reinvested. If the earnings were to be distributed, as dividends or otherwise, such amounts may be subject to withholding tax in the jurisdiction of the paying entity. The Company does not intend to indefinitely reinvest earnings from the Company's Canada subsidiary, however, no income or withholding taxes have been accrued as the Canada subsidiary does not have positive cumulative earnings and profits and therefore a distribution from this particular subsidiary would not be subject to income taxes or withholding taxes. Potential tax implications of repatriation from the Company’s unremitted earnings that are indefinitely reinvested are driven by facts at

the time of distribution. Therefore, it is not practicable to estimate the income tax liabilities that might be incurred if such earnings were remitted. Distributions from the U.K. or Ireland would not be subject to withholding tax and no deferred income tax liability would need to be accrued.

The Company recognizes interest and penalties relating to unrecognized tax benefits in the provision for income taxes. As of December 31, 2023, the Company’s total unrecognized tax benefits, including interest and penalties, were $2 million. If recognized, the full amount of the unrecognized tax benefit would impact the consolidated effective tax rate. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

	December 31,
	2023		2022
Balance at beginning of year	$	2	$	2
Additions based on tax positions related to the current year	—		—
Additions for tax positions of prior years	—		—
Reductions for tax positions of prior years	—		—
Settlements	—		—
Balance at end of year	$	2	$	2

The Company, its subsidiaries and branches file income tax returns in various federal, state and local jurisdictions. The following table details open tax years that are potentially subject to examination by local tax authorities, in the following major jurisdictions:

Jurisdiction	Tax Years
United States	2019-2023
United Kingdom	2021-2023
Ireland	2018-2023
Canada	2019-2023
Switzerland	2019-2023
Denmark	2019-2023
Australia	2019-2023

As of December 31, 2023, the Company’s current income tax recoverable (included in “Other liabilities”) was $20 million.