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H0748.....................................................by WAYS AND MEANS DISABILITY INSURANCE - Amends existing law to provide for a two percent premium tax on disability insurance; and to exclude disability insurers from the reduced tax based on Idaho investments. 03/14 House intro - 1st rdg - to printing 03/15 Rpt prt - to Rev/Tax
H0748|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 748 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO PREMIUM TAX; AMENDING SECTION 41-402, IDAHO CODE, TO PROVIDE FOR A 3 TWO PERCENT PREMIUM TAX ON DISABILITY INSURANCE AND TO MAKE TECHNICAL COR- 4 RECTIONS; AMENDING SECTION 41-403, IDAHO CODE, TO EXCLUDE DISABILITY 5 INSURERS FROM THE REDUCED TAX BASED ON IDAHO INVESTMENTS AND TO MAKE TECH- 6 NICAL CORRECTIONS; DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE 7 EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 41-402, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 41-402. PREMIUM TAX. (1) Each authorized insurer, and each formerly 12 authorized insurer with respect to insurance transacted while an authorized 13 insurer, shall file with the director on or before the dates in each year set 14 forth in subsections (3) and (4) of this section, a statement (on forms as 15 prescribed and furnished by the director) under oath for the period set forth 16 in subsections (3) and (4) of this section, and pay the director a tax at the 17 rate set forth in subsection (2) of this section, on the following amounts: 18 (a) As to life insurers, the amount of all gross premiums received by the 19 insurer on direct risks resident in this state, and also, if a domestic 20 insurer, on direct risks resident in any other jurisdiction or jurisdic- 21 tions in which the insurer is not licensed and upon which no premium tax 22 is otherwise paid or payable, less returned coupons and dividends paid to 23 or credited to policyholders. 24 (b) As to all insurers other than life insurers, the amount of gross 25 direct premiums written on policies covering subjects of insurance resi- 26 dent, located or performed in this state, and also, if a domestic insurer, 27 on such premiums in any other jurisdiction or jurisdictions in which the 28 insurer is not licensed and upon which no premium tax is otherwise paid or 29 payable, less returned premiums, premiums on policies not taken and divi- 30 dends paid or credited to policyholders. As to title insurance "gross pre- 31 mium" means the insurance risk portion of the amount charged for title 32 insurance. 33 (2) Subject to section 41-403, Idaho Code, the rate of tax shall be as 34 follows: 35 (a) As to title insurance, the rate of tax shall be one and five-tenths 36per centpercent (1.5%). 37 (b) As to disability insurance, the rate of tax shall be two percent 38 (2%). 39 (c) As to all other kinds of insurance, the rate of tax shall be two and 40 seventy-five hundredths per cent percent (2.75%). 41 (3) (a) Every insurer with a tax obligation under this section shall make 42 prepayment of the tax obligations for the current calendar year's busi- 43 ness, if the sum of the tax obligations for the preceding calendar year's 2 1 business is four hundred dollars ($400) or more. 2 (b) The director shall credit the prepayments toward the appropriate tax 3 obligations of the insurer for the current calendar year. 4 (c) The minimum amounts of the prepayments shall be percentages of the 5 insurer's tax obligation based on the preceding calendar year's business 6 and the current year's rate, and shall be paid to the director's office by 7 the due dates and in the following amounts: 8 (i) On or before June 15, sixtyper centpercent (60%); 9 (ii) On or before September 15, twentyper centpercent (20%); and 10 (iii) On or before December 15, fifteenper centpercent (15%). 11 (4) On or before March 1, any balance of tax due for the preceding calen- 12 dar year shall be paid to the director. 13 (5) The effect of transferring policies of insurance from one insurer to 14 another insurer is to transfer the tax prepayment obligation with respect to 15 the policies. 16 (6) This section shall not apply as to any domestic reciprocal insurer 17 doing exclusively aworkmen'sworker's compensation business and complying 18 with the provisions of theworkmen'sworker's compensation law of this state 19 and writingworkmen'sworker's compensation only for members under that law, 20 if its representatives or agents or the attorney in fact executing such con- 21 tracts are not compensated on a commission basis. 22 (7) This section shall not apply as to life insurance policies issued 23 under pension plans or profit-sharing plans exempt or qualified under sections24 401(a), 403, 404, 408,or 501(a) of the United States internal revenue code, 25 as hereafter amended or renumbered from time to time, nor to annuity con- 26 tracts in general. 27 (8) This section shall not apply to any domestic reciprocal insurer which 28 exclusively insures members who are governmental entities, as defined by sec- 29 tion 6-902(1), (2) and (3), Idaho Code. 30 (9) The amount of tax due for the current year shall be paid in full in 31 the manner and at the times required in this section without any credit or 32 offset for refunds or other amounts due or claimed to be due by the insurer. 33 SECTION 2. That Section 41-403, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 41-403. REDUCED TAX BASED ON IDAHO INVESTMENTS. Provided that it shall 36 comply with rules and standards duly promulgated by the director of insurance 37 for the purposes of assuring the establishment and maintenance in this state 38 of services and facilities consistent with the nature and extent of its opera- 39 tions, any insurer, other than a life insurance company or a disability 40 insurer, having at all times throughout the year with respect to which the tax 41 is payable twenty-fiveper centpercent (25%) or more of its assets invested 42 in the investments set forth below, shall, with respect to premiums on which 43 taxes are to be computed under section 41-402(2)(a) and (c), Idaho Code, com- 44 pute and pay such tax at the rate of one and four-tenthsper centpercent 45 (1.4%) instead of at any higher rate provided for under section 41-402, Idaho 46 Code; and provided further, any life insurance company, in order to qualify 47 for a tax rate of one and four-tenthsper centpercent (1.4%) instead of any 48 higher rate provided for under section 41-402, Idaho Code, shall maintain 49 throughout the year with respect to which tax is payable at least twenty-five 50per centpercent (25%) of the reserve required under section 41-706(4), Idaho 51 Code, invested in the designated investments set forth below: 52 (1) Bonds or warrants of this state, or of any county, city or incorpo- 53 rated town or district within this state authorized by law to be issued,; or 3 1 (2) Taxable real estate within this state,; or 2 (3) First mortgages upon improved, unencumbered real estate situated 3 within this state,; or 4 (4) Stocks or bonds of corporations organized under the laws of, or main- 5 taining their home office and principal administrative records in this state 6 if such stocks or bonds are lawful investments of the insurer under chapter 7 7 (investments) of this code,; or 8 (5) Bonds authorized by law to be issued against the revenues derived 9 from the operation in this state of domestic water and sewage systems or off- 10 street parking facilities,; or 11 (6) Time deposits with Idaho banks, or trust companies, or savings and 12 loan associations, or building and loan associations or on deposit for inter- 13 est income purposes with any legally organized and approved financial institu- 14 tion domiciled within this state and insured by any instrumentality of the 15 United States government. 16 SECTION 3. An emergency existing therefor, which emergency is hereby 17 declared to exist, this act shall be in full force and effect on and after its 18 passage and approval, and retroactively to January 1, 2000.
STATEMENT OF PURPOSE RS 10123 The purpose of this legislation is to provide for a two percent premium tax on disability insurance, to make technical corrections, and to exclude disability insurers from the reduced tax based on Idaho investments. FISCAL IMPACT There is no fiscal impact. Contact Name: Sen. Joe Stegner Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 748