Title 15 — Commerce and Trade
Chapter 108 — State-Based Insurance Reform
§ 8201. Reporting, payment, and allocation of premium taxes
Statutory text
Home State’s exclusive authority
No State other than the home State of an insured may require any premium tax payment for nonadmitted insurance.
Allocation of nonadmitted premium taxes
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).
Effective date
Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures—
if adopted on or before the expiration of the 330-day period that begins on , shall apply to any premium taxes that, on or after , are required to be paid to any State that is subject to such compact or procedures; and
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.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Nonadmitted and Reinsurance Reform Act of 2010
Pub. L. 111–203 title V § 521 · 124 Stat. 1376
Enacted · 15 U.S.C. § 8201
(Pub. L. 111–203, title V, § 521, July 21, 2010, 124 Stat. 1589.)
Source evidence
Code source credit
(Pub. L. 111–203, title V, § 521, July 21, 2010, 124 Stat. 1589.)Enacted provision · exact public law section
SEC. 521. REPORTING, PAYMENT, AND ALLOCATION OF PREMIUM TAXES. (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 the date of the enactment of this subtitle, shall apply to any premium taxes that, on or after such date of enactment, 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.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 111–203, title V, § 512, , 124 Stat. 1589, provided that: “Except as otherwise specifically provided in this subtitle [see Short Title note below], this subtitle shall take effect upon the expiration of the 12-month period beginning on the date of the enactment of this subtitle [].”
Short Title
Pub. L. 111–203, title V, § 511, , 124 Stat. 1589, provided that: “This subtitle [subtitle B (§§ 511–542) of title V of Pub. L. 111–203, enacting this chapter and provisions set out as a note under this section] may be cited as the ‘Nonadmitted and Reinsurance Reform Act of 2010’.”