§ 8201. Reporting, payment, and allocation of premium taxes

519 words·~2 min read·/usc/title-15/section-8201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Home State’s exclusive authority No State other than the home State of an insured may require any premium tax payment for nonadmitted insurance.

(b)Allocation of nonadmitted premium taxes

(1)In general The States may enter into a compact or otherwise establish procedures to allocate among the States the premium taxes paid to an insured’s home State described in subsection (a).

(2)Effective date Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures—

(A)if adopted on or before the expiration of the 330-day period that begins on July 21, 2010, shall apply to any premium taxes that, on or after July 21, 2010, are required to be paid to any State that is subject to such compact or procedures; and

(B)if adopted after the expiration of such 330-day period, shall apply to any premium taxes that, on or after January 1 of the first calendar year that begins after the expiration of such 330-day period, are required to be paid to any State that is subject to such compact or procedures.

(3)Report Upon the expiration of the 330-day period referred to in paragraph (2), the NAIC may submit a report to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate identifying and describing any compact or other procedures for allocation among the States of premium taxes that have been adopted during such period by any States.

(4)Nationwide system The Congress intends that each State adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, collection, and allocation of premium taxes for nonadmitted insurance consistent with this section.

(c)Allocation based on tax allocation report To facilitate the payment of premium taxes among the States, an insured’s home State may require surplus lines brokers and insureds who have independently procured insurance to annually file tax allocation reports with the insured’s home State detailing the portion of the nonadmitted insurance policy premium or premiums attributable to properties, risks, or exposures located in each State. The filing of a nonadmitted insurance tax allocation report and the payment of tax may be made by a person authorized by the insured to act as its agent.

(Pub. L. 111–203, title V, § 521, July 21, 2010, 124 Stat. 1589.)

Connections25 cite this

Cited by 25 sections · top 23

U.S. Code

statute-compilations

statutes-at-large

Public Law 111–203
To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end “too big to fail”, to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes

bill

5 references not yet in our index

Pub. L. 111–203, title V, § 521
124 Stat. 1589
Pub. L. 111–203, title V, § 512
Pub. L. 111–203, title V, § 511
Pub. L. 111–203

Citation graph

cites case law

§ 8201

Reporting, payment, and allocation of premium taxes

Bills×16

U.S.C.×4

Stat.×3

Stat. Comp.×2

Pub. L.Pub. L. 111–203, title V, § 521

Stat.124 Stat. 1589

Pub. L.Pub. L. 111–203, title V, § 512

Pub. L.Pub. L. 111–203, title V, § 511

Pub. L.Pub. L. 111–203

Cites 5Cited by 25 across 4 sources