State Tax
Every surplus line broker and special surplus line broker must make
an annual state tax filing. This is due on or before March 1 of each
year to the Insurance Commissioner. The amount of tax due is 3% of the
California taxable non-admitted premiums transacted by the broker from
January 1 to December 31 in the previous year. This form must be completed
by all brokers whether or not business was transacted. For additional
information regarding the filing of state tax returns, contact DOI’s
Tax Unit (916) 492-3288.
Every surplus line broker whose annual tax for the
preceding calendar year was $5,000 or more shall make monthly installment payments on
account, of the annual tax on business done during the current calendar year. The
commissioner may relieve a surplus line broker of obligation to make monthly payments
where the broker establishes to the satisfaction of the commissioner that either the
broker has ceased to transact business in this state, or the annual tax for the current
year will be less than $5,000. The monthly payments shall be remitted on or before the
first day of the third calendar month following the end of the accounting month in which
the business is done.
Brokers whose annual tax is $20,000 or more are
required to participate in the electronic funds transfer program. To register as an EFT
taxpayer, contact the Department of Insurance’s EFT Unit at (916) 492-3288.
Failure to pay state tax will be subject to a penalty of 10%
of the amount of payment due, plus an interest rate of 1% per calendar
month or fraction thereof until
the date the payment is received by the commissioner.
(See section 1775.5 through 1776. of the Insurance
Code)
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