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      RS 22:439     


§439. Tax on surplus lines

            A.(1) There shall be a tax of four and eighty-five one hundredths of one percent per annum on the gross premium for all surplus lines of insurance for which Louisiana is the home state of the policyholder as defined in R.S. 22:46(8.1). The commissioner shall collect the tax and deposit it with the state treasurer who shall credit it to the state general fund.

            (2) On or before March first, June first, September first, and December first of each year, each surplus lines broker shall transmit to the commissioner a surplus lines tax report and remit the tax payable pursuant to this Subsection. The commissioner shall prescribe the manner and form of the report, which shall include all of the following:

            (a) All new and renewal policies for the calendar quarter in which the effective date of the policy falls.

            (b) All other premium transactions for the calendar quarter in which the invoice falls.

            (c) Any additional information required by the commissioner.

            (3) The commissioner shall not require a quarterly report for any quarter in which a surplus lines broker has no surplus lines premium to report. The commissioner shall require the filing of the report due on or before March first in order to certify the reporting of all surplus lines business conducted during the calendar year or the absence of any business during the calendar year.

            B. Every person placing insurance without a licensed Louisiana producer or surplus lines broker shall transmit a report and remit the tax to the commissioner pursuant to Subsection A of this Section.

            C. The tax imposed on surplus lines pursuant to this Section shall not apply to the purchase of excess insurance obtained by an interlocal risk management agency pursuant to R.S. 13:5575 or R.S. 33:1359.

            D. The tax imposed pursuant to this Section shall not apply to the purchase of insurance by or on behalf of any of the following:

            (1) A college, university, school, institution, or program that is under the supervision or management of a system board of supervisors provided for in R.S. 17:3215 through 3217.1.

            (2) A political subdivision having a population of not less than three hundred fifty thousand persons according to the latest federal decennial census.

            (3) An agency of this state as defined in R.S. 39:2.

            Acts 1958, No. 125. Amended by Acts 1958, No. 265, §1; Acts 1960, No. 149, §1; Acts 1984, 1st Ex. Sess., No. 3, §1, eff. March 27, 1984; Acts 1999, No. 868, §1; Acts 2005, No. 294, §1; Redesignated from R.S. 22:1265 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 503, §1; Acts 2011, No. 361, §1, eff. July 1, 2011; Acts 2013, No. 203, §1, eff. June 10, 2013; Acts 2015, No. 386, §1, eff. Oct. 1, 2015, and §4(B), eff. July 1, 2015; Acts 2016, No. 374, §1, eff. July 1, 2016.

NOTE: Former R.S. 22:439 redesignated as R.S. 22:168 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

NOTE: See Acts 1984, 1st Ex. Sess., No. 3, §2.

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