2013 New York Consolidated Laws
ISC - Insurance
Article 91 - (9101 - 9111-C) TAXES AND FEES
9105 - Fire insurance premium tax; foreign mutual fire insurance companies.

 
    §  9105.  Fire  insurance  premium  tax; foreign mutual fire insurance
  companies. (a) (1) Every mutual fire insurance  company  or  association
  authorized  to  do  business  in  this  state  pursuant  to section four
  thousand  one  hundred  eight  of  this  chapter  shall   pay   to   the
  superintendent on or before the fifteenth day of February of each year a
  tax  of two per centum on all gross premiums collected or received by it
  or them for direct  insurance  against  loss  or  injury  upon  property
  situated  within  this  state  during  the  preceding  year  ending  the
  thirty-first day of December.
    (2) The tax shall  be  determined  after  deducting  from  such  gross
  premiums,  premiums  upon  policies  not  taken;  premiums  returned  on
  cancelled policies; and any dividends or  refunds  or  returns  paid  to
  policyholders  or  applied in part payment of any renewal premium during
  such year.
    (b) (1) Every such mutual fire insurance company or association  whose
  business  is  confined chiefly to the insurance of sprinklered risks and
  which is conducted solely for the benefit and protection of its  members
  and  which  pays no commissions or brokerages for the acquirement of its
  business, in lieu of all other taxes  on  premiums,  shall  pay  to  the
  superintendent on or before the fifteenth day of February of each year a
  tax at the rate of two per centum on all gross premiums upon policies on
  risks located in this state in force on the thirty-first day of December
  next preceding.
    (2)  The  tax  shall  be  determined  after  deducting from such gross
  premiums the dividends and returns and the unused or unabsorbed  portion
  of  such  gross  premiums computed at the average rate of such dividends
  and returns and the unused or unabsorbed portion of such gross  premiums
  actually paid to policyholders or applied in part payment of any renewal
  premiums on its annual policy expiring during such year.
    (c)  (1) On or before the fifteenth day of February of each year every
  mutual fire  insurance  company  or  association  shall  file  with  the
  superintendent  a  statement  showing  the  aggregate  amount  of  gross
  premiums collected for insurance against loss or injury and the  several
  items  of  deduction  referred  to under paragraph two of subsection (a)
  hereof, and specifying the aggregate amounts of such gross  premiums  so
  collected  and the deductions therefrom by city, village, fire district,
  fire alarm district, or fire protection district in which  the  property
  covered by such insurance is located.
    (2)  In  the  case  of  a mutual fire insurance company or association
  whose business is confined chiefly to the insurance of sprinklered risks
  and which is conducted solely for the  benefit  and  protection  of  its
  members  and which pays no commissions or brokerages for the acquirement
  of its business, such  statement  shall,  in  lieu  of  the  information
  required  pursuant  to  paragraph  one hereof, specify by city, village,
  fire district, fire alarm district, or fire protection district:
    (A) the aggregate amount of such gross premiums upon policies on risks
  located in this state in force at last year-end; and
    (B) the dividends and returns and the unused or unabsorbed portion  of
  such aggregate amount of gross premiums, computed at the average rate of
  such  dividends and returns and the unused or unabsorbed portion of such
  gross premiums, actually paid or applied in part payment of any  renewal
  premiums on its annual policies expiring during such year.
    (3)  Those  provisions  of  this  subsection  which  would require the
  determination of the city, village, fire district, fire  alarm  district
  or  fire  protection  district  in  which an insured property is located
  shall not apply to policies which insure motor vehicles provided that:
    (A) the mutual fire insurance company  or  association  allocates  the
  gross  premiums  and  deductions,  subject  to  the tax required by this

  section, received from such policies by city,  village,  fire  district,
  fire  alarm  district  or fire protection district using a percentage of
  allocation which is  based  upon  the  amounts  of  all  other  premiums
  required to be reported by this section; and
    (B)  the mutual fire insurance company or association has received the
  approval of the superintendent to use this percentage of allocation.
    (d)  (1)  The  amount  of  all  monies  which  were  received  by  the
  superintendent  on  or  before the first day of April in each year under
  the provisions of this section or section nine thousand one hundred four
  of this article shall be distributed by him not later than the first day
  of July in such year, after  adding  any  earnings  resulting  from  the
  investment  of  such monies and deducting the expenses of collection and
  distribution. Ten percent of such remaining monies received  under  this
  section  shall  be paid to the treasurer of the Firemen's Association of
  the State of New York for the support and maintenance of  the  firemen's
  home  at Hudson, New York, and the balance shall be paid as specified in
  paragraph two hereof, in amounts which will be that  proportion  of  the
  balance  so  to  be distributed which the total amount of fire insurance
  business written by foreign mutual fire insurance companies on  property
  situated  in  such  locality bears to the total amount of fire insurance
  business written by foreign mutual fire insurance companies on  property
  situated  in any and all of the protected localities in the state having
  treasurers or other fiscal  officers  as  designated  in  paragraph  two
  hereof afforded fire protection by a fire department or fire company and
  upon which the tax provided in this section has been paid.
    (2) Such payment shall be made (A) in the city of New York to the fire
  commissioner  as  treasurer  of  the  fire department of the city of New
  York, and
    (B) to the treasurer or other fiscal officer of  the  fire  department
  affording  fire  protection  in  each city, village, fire district, fire
  alarm district, or fire protection district, or
    (C) if any such fire department does not have  a  treasurer  or  other
  fiscal  officer  then  to  the  fiscal officer of the authorities having
  jurisdiction and control of such fire department, or
    (D) to such other person or entity  as  shall  be  designated  in  any
  special law to receive such tax, and
    (E)  if  such  payment  is  received  by the treasurer or other fiscal
  officer of a fire department or fiscal  officer  of  authorities  having
  jurisdiction  and  control  of  such  fire department, such treasurer or
  fiscal officer shall on or before the fifteenth day of July in each year
  distribute the amount so received to the fire companies constituting the
  fire department if such fire department is constituted of more than  one
  fire company.
    (3)  Except as otherwise provided in any special law, and except as to
  the Firemen's Association of the State of New York, such  tax  shall  be
  used for the benefit of, as determined by the members thereof:
    (A)  the  fire  company receiving the tax, but this shall not preclude
  the payment by a fire company of all or a part of such tax to  the  fire
  department of which it is a part, or
    (B)   the  fire  department  when  such  tax  is  not  required  under
  subparagraph (E) of paragraph two of this subsection to  be  distributed
  to fire companies.
    (e)  The  provisions of this section shall not be changed, modified or
  amended by any charter, local law, ordinance, resolution or regulation.