2011 US Code
Title 15 - Commerce and Trade
Chapter 108 - STATE-BASED INSURANCE REFORM (§§ 8201 - 8232)
Subchapter I - NONADMITTED INSURANCE (§§ 8201 - 8206)
Section 8201 - Reporting, payment, and allocation of premium taxes
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 15 - COMMERCE AND TRADE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 15 - COMMERCE AND TRADE CHAPTER 108 - STATE-BASED INSURANCE REFORM SUBCHAPTER I - NONADMITTED INSURANCE Sec. 8201 - Reporting, payment, and allocation of premium taxes |
Contains | section 8201 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Short Titles | Nonadmitted and Reinsurance Reform Act of 2010 |
Source Credit | Pub. L. 111-203, title V, §521, July 21, 2010, 124 Stat. 1589. |
Statutes at Large References | 124 Stat. 1589 |
Public Law References | Public Law 111-203 |
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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 generalThe 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 dateExcept 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) ReportUpon 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 systemThe 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 reportTo 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.)
Effective DatePub. L. 111–203, title V, §512, July 21, 2010, 124 Stat. 1589, provided that: “Except as otherwise specifically provided in this subtitle [see Short Title note above], this subtitle shall take effect upon the expiration of the 12-month period beginning on the date of the enactment of this subtitle [July 21, 2010].”
Short TitlePub. L. 111–203, title V, §511, July 21, 2010, 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’.”
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