2013 Nebraska Revised Statutes
Chapter 77 - REVENUE AND TAXATION
77-908 - Insurance companies; tax on gross premiums; rate; exceptions.

77-908. Insurance companies; tax on gross premiums; rate; exceptions.

Every insurance company organized under the stock, mutual, assessment, or reciprocal plan, except fraternal benefit societies, which is transacting business in this state shall, on or before March 1 of each year, pay a tax to the director of one percent of the gross amount of direct writing premiums received by it during the preceding calendar year for business done in this state, except that (1) for group sickness and accident insurance the rate of such tax shall be five-tenths of one percent and (2) for property and casualty insurance, excluding individual sickness and accident insurance, the rate of such tax shall be one percent. A captive insurer authorized under the Captive Insurers Act that is transacting business in this state shall, on or before March 1 of each year, pay to the director a tax of one-fourth of one percent of the gross amount of direct writing premiums received by such insurer during the preceding calendar year for business transacted in the state. The taxable premiums shall include premiums paid on the lives of persons residing in this state and premiums paid for risks located in this state whether the insurance was written in this state or not, including that portion of a group premium paid which represents the premium for insurance on Nebraska residents or risks located in Nebraska included within the group when the number of lives in the group exceeds five hundred. The tax shall also apply to premiums received by domestic companies for insurance written on individuals residing outside this state or risks located outside this state if no comparable tax is paid by the direct writing domestic company to any other appropriate taxing authority. Companies whose scheme of operation contemplates the return of a portion of premiums to policyholders, without such policyholders being claimants under the terms of their policies, may deduct such return premiums or dividends from their gross premiums for the purpose of tax calculations. Any such insurance company shall receive a credit on the tax imposed as provided in the Community Development Assistance Act and in the New Markets Job Growth Investment Act.

Source

Laws 1951, c. 256, § 2, p. 878;
Laws 1984, LB 372, § 13;
Laws 1986, LB 1114, § 10;
Laws 1989, LB 92, § 275;
Laws 1992, LB 1063, § 91;
Laws 1992, Second Spec. Sess., LB 1, § 64;
Laws 2001, LB 433, § 1;
Laws 2002, Second Spec. Sess., LB 9, § 3;
Laws 2006, LB 1248, § 83;
Laws 2007, LB117, § 53;
Laws 2007, LB367, § 5;
Laws 2010, LB698, § 3;
Laws 2012, LB1128, § 21.

Cross References

Captive Insurers Act, see section 44-8201.
Community Development Assistance Act, see section 13-201.
New Markets Job Growth Investment Act, see section 77-1101.

Annotations

Considerations received for annuity contracts are taxable. Bankers Life Ins. Co. v. Laughlin, 160 Neb. 480, 70 N.W.2d 474 (1955).