APPENDIX A
SURPLUS LINES TAX LAWS BY STATE
| State | Statutory Citation to Insurance Code | Tax Rate Applied |
| Alabama | §27-10-31 | 6% (annually) |
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| Alaska | §21.09.210 §21.34.180 §21.34.190 |
2.7% (+1% filing fee) 0.75% (wet marine) (annually) |
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| Arizona | §20-415 §20-416 (a) |
3% (semi-annually) (+ 0.20% stamping fee on all business having an effective date of July 1, 2006 or later). Any transactions having an effective date of July 1, 2004 through December 31, 2005 will be charged at 0.25%. Those transactions having an effective date prior to July 1, 2004 will be charged at 0.35%. |
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| Arkansas | §23-65-315 | 4% (within 60 days after surplus lines insurance written) |
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| California | §1775.5 §1780.56 (b) |
3% (+ stamping fee of 0.250%) (annually) |
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| Colorado | §10-5-111 | 3% (note: the 0.10% stamping fee was discontinued 1/1/06) |
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| Connecticut | §38(a)-743 | 4% (annually) |
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| Delaware | §1917 §702(c)(1) and §707(a) |
1.75% plus 0.25% (special premium tax, except for wet marine) (annually) |
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| District of Columbia | §31-2502.40 | 2% (bi-annually) |
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| Florida | §626.932 §626.921 (f) |
5% (not wet marine and transportation) + 0.1% service fee (monthly) (Note: All endorsements, audits, installments, cancellations or return of premium transactions will be at the same rate as applied at the inception date of the policy/certificate) |
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| Georgia | §33-5-31 | 4% (quarterly) |
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| Hawaii | §431:8-315 | 4.68% (annually) |
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| Idaho | §41-1229 | 1.50% (+ stamping fee of 0.25%) |
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| Illinois | 5/445 |
3.5% (+ 0.1% stamping office fee) (1% fire marshal tax) (bi-annually) |
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| Indiana | §27-1-15.8-4 | 2.5% (bi-annually) |
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| Iowa | §507A.9 §432.1(4)(a) |
1.00% (annually) |
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| Kansas | §40-246c | 6% (within 120 days of writing risk) |
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| Kentucky | §304.10-180 | 3% (annually) |
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| Louisiana | §22:1265(A)(2) | 5% (quarterly) |
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| 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) |
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| Maryland | §3-324, 3-325 | 3% (bi-annually) |
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| Massachusetts | Ch. 175 §168, Ch. 175 §169 |
4% (annually) |
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| Michigan | §500.1905(3)(d) | 2% (+ regulatory fee of 0.5% on premiums written in the state) (bi-annually) |
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| Minnesota | §297I.05(7)(a) | 3%, less returns and dividends (plus .025% stamping fee) payable by individual licensee (bi-annually) |
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| Mississippi | §83-21-25 | 4% (+0.25% stamping fee on all policies with effective dates of 7/1/03 and after) |
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| Missouri | §384.059, §384.061 | 5% (annually) |
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| Montana | §33-2-311, §33-2-705(2), §33-2-321, §50-3-109(1) | 2.75% (+ 1% stamping fee and 2.5% additional tax on fire portions of surplus lines payments) (annually) |
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| Nebraska | §44-5506 §81-523 |
3% (+ additional tax up to 0.75% on fire peril lines) (annually) |
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| Nevada | §685A.180(1) §680B.027(1) |
3.5% (+ 0.4% stamping fee applicable to all premiums) |
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| New Hampshire | §405:29 | 2% (annually) |
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| New Jersey | §17:22-6.59 | 5% (quarterly) |
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| New Mexico | §59A-6-2 | 3.003% (quarterly) |
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| New York | §2118(d)(1) | 3.6% (+ 0.2% stamping fee payable to ELANY on all excess lines placements) |
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| North Carolina | §58-21-85 | 5% (quarterly) |
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| North Dakota | §26.1-03-17 §26.1-44-06 |
2% on life insurance 1.75% on accident & health insurance 1.75% on all other lines (annually) |
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| Ohio | §3905.36 | 5% (annually) |
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| 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. |
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| Oregon | §731.820(1) §735.470 |
2% payable by broker, and an addtional 1% on "fire" related coverages payable by broker, plus $15 flat stamping fee applicable for each new or renewal (not endorsement) transaction. |
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| 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) |
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| Puerto Rico | T.26 §1013 | 9% (within 60 days) |
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| Rhode Island | §27-3-38(d) | 3% (annually) |
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| South Carolina | §38-45-20 | 4% (quarterly) |
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| South Dakota | §58-32-44 refers to Title 10 (Taxation) §10-44-2(3) §10-44-9 |
2.5% payable by broker 3% for fire insurance (annually, except if more than $5,000 of surplus lines premium tax, then quarterly) |
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| Tennessee | §56-14-113 §56-4-206 |
2.5% on non-fire premiums 3.25% on fire premiums 4.4% on workers’ compensation (bi-annually) |
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| Texas | Ins. §225.004 | 4.85% (+ stamping fee of .06%) (Note: The 0.06% stamping fee rate applies to each new or renewal surplus lines policy with an effective date on or after July 1, 2007. The 0.06% rate will apply also to policy date extensions if effective on or after this date. Policies effective on or before June 20, 2007 will run to expiration, cancellation, or next annual anniversary date (for multi-year policies) at the old stamping fee rate of .1%. This includes any subsequent endorsements, audits, cancellations, reinstatements, installments, and monthly or quarterly reports. |
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| 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) |
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| Vermont | T.8 §5035 | 3% (quarterly) |
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| U.S. Virgin Islands | T.22 §662(a) T.22 §603(b) |
5% (quarterly) |
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| 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) |
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| Washington | §48.14.020 §48.15.120 |
2% (+0.25% stamping fee) |
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| West Virginia | §33-12C-7 | 4% (quarterly) (+.05% policy surcharge) |
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| Wisconsin | §618.43 | 3% (for all lines except 0.5% for ocean Ins. Reg. 6.17 marine) (annually) |
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| Wyoming | §26-11-118 | 3% (annually) |