1502-B - Computation of Tax for Captive Insurance Companies.

NY Tax L § 1502-B (2019) (N/A)
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(b) In determining the amount of gross direct premiums or assumed reinsurance premiums taxable in this state, all premiums written, procured or received in this state shall be deemed written on property or risks located or resident in this state except such premiums as are properly allocated or apportioned and reported as taxable premiums or which have been used as a measure of a tax of any other state or states.

(c) The definition of the term "premium" set forth in subdivision (c) of section fifteen hundred ten of this article shall apply to this section. In addition, "gross direct premium" shall be determined as provided in such subdivision (c). Provided, however, that the term "premium" shall also include any amount received by a captive insurance company as consideration for insurance provided, in the case of a pure captive insurance company, to its parents and affiliated companies, and, in the case of a group captive insurance company, to the industrial insureds that comprise the industrial insured group. The terms "pure captive insurance company", "group captive insurance company", "industrial insureds" and "industrial insured group" shall have the same meanings as such terms have in section seven thousand two of the insurance law. The reporting of premiums for the purpose of the tax imposed by this section shall be on a written basis or on a paid-for basis consistent with the basis required by the annual statement filed with the superintendent of financial services pursuant to section seven thousand six of the insurance law.

(d) The superintendent of financial services shall have the same power, duty and responsibility to examine the returns of captive insurance companies as such superintendent has with respect to insurance corporations as set forth in subdivision (e) of section fifteen hundred ten of this article.

(e) The credits set forth in section fifteen hundred eleven of this article shall not be allowed against the tax imposed by this section.