2006 New York Code - Allocation Of Premiums.

 
    §  9102.  Allocation  of  premiums.  (a)  In determining the amount of
  direct premiums taxable  in  this  state,  all  such  premiums  written,
  procured,  or received in this state shall be deemed written on property
  or risks located or resident in this state except such premiums properly
  allocated and reported as taxable premiums of any other state or states.
    (b) (1) In determining the amount of gross premiums  taxable  in  this
  state  pursuant  to  paragraph  one  of  subsection  (d)  of section two
  thousand one hundred eighteen of this  chapter,  where  a  placement  of
  excess  line insurance covers property or risks located or resident both
  in and out of this state, the sum paid to the  superintendent  shall  be
  computed  on  that portion of the policy premium that is attributable to
  property or risks located or resident in this state,  as  determined  by
  reference  to an allocation schedule prescribed by the superintendent in
  a regulation.
    (2) If the allocation schedule  does  not  identify  a  classification
  appropriate to the property or risk being insured, an alternative method
  of  equitable  allocation  shall  be  used  for  such  coverage. In that
  circumstance, documented evidence of the underwriting  bases  and  other
  criteria  used  by  the insurer shall be given significant weight by the
  superintendent.
    (3) The licensee shall report the method of allocation utilized  in  a
  form  and  in a manner prescribed by the superintendent in a regulation.
  Where the licensee bases the allocation  on  an  alternative  method  of
  equitable allocation, such licensee shall provide additional information
  in support of the allocation as the superintendent may require.
    (4)  If  the superintendent reasonably determines that the information
  provided is insufficient to substantiate the  method  of  allocation  or
  that  the  method  used is incorrect, the superintendent shall determine
  the sum to be paid in accordance  with  the  method  prescribed  by  the
  superintendent  in the regulation. The superintendent's determination of
  the sum to be paid shall finally and irrevocably  fix  the  tax  unless,
  within   thirty   days   of   notification   of   the   superintendent's
  determination,  the  licensee  requests  a  hearing  to   dispute   such
  determination.
    (c)  (1) Any licensee who allocated the premium tax for any of the six
  years prior to the effective date of this subsection shall not be liable
  for the payment of any additional premium tax that would have  been  due
  had  the  licensee  not  allocated, unless the superintendent determines
  that the method of allocation was inequitable.
    (2) The superintendent's determination under this subsection shall  be
  in accordance with the procedures in paragraph four of subsection (b) of
  this  section.  Documented  evidence of the underwriting bases and other
  criteria used by the insurer shall be given significant  weight  by  the
  superintendent.
    (3) Nothing in this subsection shall entitle a licensee to a refund of
  taxes previously paid.