SURPLUS LINES TAX LAWS BY STATE

 

State Statutory Citation to Insurance Code Tax Rate Applied

Alabama
§27-10-31 6% (annually)

Alaska

§21.09.210
§21.34.180
§21.34.190
2.7% (+1% filing fee)
0.75% (wet marine) (quarterly)


Arizona
§20-415
§20-416 (a)
3% (semi-annually) (+ 0.20% stamping fee).
Multi-state risks (quarterly)


Arkansas
§23-65-315 4% (within 60 days after surplus lines insurance written)


California
§1775.5
§1780.56(b)
3% (+ stamping fee of 0.2%)
(60 days or annual based on prior year tax amount paid).


Colorado
§10-5-111 3%


Connecticut
§38(a)-743 4% (quarterly)


Delaware
§1925 3%


District of Columbia
§31-2502.40 2% (semi-annually)


Florida
§626.932
§626.921(f)
5% (not wet marine and transportation), plus 0.15% service fee (0.1% effective 4/1/17) paid by the insured to the surplus lines agent, who remits to the FSLSO.


Georgia
§33-5-31 4% (quarterly)


Hawaii
§431:8-315 4.68% (quarterly)


Idaho
§41-1229 1.50% (+ stamping fee of 0.50%) (annually)


Illinois

215 ILCS 5/445 3.5% (+ 1% fire marshal tax) (semi-annually)
0.2% stamping fee (monthly)


Indiana
§27-1-15.8-4 2.5% (semi-annually)


Iowa
§507A.9
§432.1(4)(a)
1.00% (annually)


Kansas
§40-246c 6% annually (out of state within 120 days of writing risk)


Kentucky
§304.10-180 3% plus 1.8% surcharge, payable by broker (annually)


Louisiana
§22:439 4.85% (quarterly)


Maine
Title 24-A §2016
Title 36 §2513
3% of difference between gross premiums and return premiums
(within 45 days of end of each quarter and annually)


Maryland
§3-324, 3-325 3% (quarterly and semi-annually)


Massachusetts
Ch. 175 §168,
Ch. 175 §169
4% (annually)


Michigan
§500.1905(3)(d) 2% (+ regulatory fee of 0.5% on premiums written in the state) (semi-annually)


Minnesota
§297I.05(7)(a) 3%, less returns and dividends, plus .06% stamping fee (payable by individual licensee bi-annually)


Mississippi
§83-21-25 4% premium tax plus 3%, wind pool fee (reduced from 5% to 3% eff. 7/1/2012), plus 0.25% stamping fee, payable by broker or agent.


Missouri
§384.059, §384.061 5% (annually)


Montana
§33-2-311, §33-2-705(2), §33-2-321, §50-3-109(1) 2.75%, plus 0.25% stamping fee (0% stamping fee if policy is filed electronically) and 2.5% additional tax on fire portions of surplus lines payments (annually).


Nebraska
§44-5506
§81-523
3% (+ additional tax up to 0.75% on fire peril lines) (quarterly)


Nevada
§685A.180(1)
§680B.027(1)
3.5% (+ 0.4% stamping fee applicable to all premiums) (quarterly) (Penalty of $50 for late filing)


New Hampshire
§405:29 3% (annually)


New Jersey
§17:22-6.59 5% (quarterly)


New Mexico
§59A-6-2 3.003% (quarterly)


New York
§2118(d)(1) 3.6% (+ 0.17% stamping fee payable to ELANY on all excess lines placements) (Additional fee of $25 for late/erroneous filing).


North Carolina
§58-21-85 5% (filing dates vary for resident and non-resident agents)


North Dakota
§26.1-03-17
§26.1-44-06
1.75% (annually)


Ohio
§3905.36 5% (annually before March 31)


Oklahoma
36 §§629
1115
6% (on or before end of month following calendar quarter)If premium tax of previous year greater than $1000, remit quarterly estimates.


Oregon
§731.820(1)
§735.470
2% payable by broker, and an additional 0.3% fire marshal tax payable by broker, plus $15 flat stamping fee applicable for each new or renewal (not endorsement) transaction.


Pennsylvania
40 §991.1621 3% (+ $25 stamping fee) (annually)(Note: stamping fee becomes $50 per original filing if received after 45 days from effective date of policy)


Puerto Rico
T.26 §1013 9% (within 60 days)


Rhode Island
§27-3-38(d) 4% (quarterly estimate, plus annual broker report)


South Carolina
2012 S.C.Act 283 6% blended rate, paid by broker online to the South Carolina DOI. The 2% municipal business tax no longer applies.


South Dakota
§58-32-44 refers to
Title 10 (Taxation)
§10-44-2(3)
§10-44-9
2.5% payable by broker3% for fire insurance (annually, except if more than $5,000 of surplus lines premium tax, then quarterly)


Tennessee
§56-14-113
§56-4-206
5% on gross premiums (less return premiums where the insurance covers an insured whose home state is Tennessee).


Texas
Ins. § 225.004 4.85% (+ stamping fee of 15%)


Utah
R 590-157-5
§31A-3-301
§31A-15-103
4.25% (+ 0.15% stamping office fee) (not ocean marine insurance) (due 25th day of the following month closing the quarter)


Vermont
T.8 §5035 3% (quarterly)


U.S. Virgin Islands
T.22 §662(a)
T.22 §603(b)
5% (quarterly)


Virginia
§38.2-4809(A)(1)
refers to Article 1,
Title 58.1-2500 et seq.
(Taxation)
§58.1-2501(A)(1)
2.25% (except workers’ compensation) (quarterly if premium tax liability is expected to exceed $1,500)


Washington
§48.14.020
§48.15.120
2% (+0.10% stamping fee)
(annually by March 1)


West Virginia
§33-12C-7 4.55% (quarterly)


Wisconsin
§618.43 3% (annual by March 1).


Wyoming
§26-11-118 3% (annually)