For the purposes of NRS 680B.025 to 680B.039, inclusive:

1. “Total income derived from direct premiums written”:

(a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.

(b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act, 42 U.S.C. § 1395mm.

(c) As to title insurance, consists of the total amount charged by the company for the sale of policies of title insurance.

2. Money accepted by a life insurer pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as “total income derived from direct premiums written” either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in “total income derived from direct premiums written,” and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this State, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his or her election without the consent of the Commissioner. Any such money taxed as “total income derived from direct premiums written” is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as “return premiums” pursuant to the provisions of NRS 680B.030.

(Added to NRS by 1983, 712; A 1985, 1124; 1987, 1430; 1991, 2028; 1993, 2817; 1999, 817; 2013, 3456)