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LegalText 15 U.S.C. § 8201 Reporting, payment, and allocation of premium taxes us united_states_code code_section 15 COMMERCE AND TRADE 108 STATE-BASED INSURANCE REFORM 8201 15 U.S.C. § 8201 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s8201 data/legal/raw/us/code/title-15/usc15.xml 269a045c2d4d1f24f61ba53d1ea64885fc3b4cb915d714893ff3205100af5b46 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 d0df557e96537bfbe71d48d48a25015bb1fec0f1a08bba950eff208babadd9a9 2026-07-04 official
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15 U.S.C. § 8201 - Reporting, payment, and allocation of premium taxes

Text

(a) Home States exclusive authority No State other than the home State of an insured may require any premium tax payment for nonadmitted insurance.

(b) Allocation of nonadmitted premium taxes (1) In general The States may enter into a compact or otherwise establish procedures to allocate among the States the premium taxes paid to an insureds home State described in subsection (a).

(2) Effective date Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures—

(A) if adopted on or before the expiration of the 330-day period that begins on July 21, 2010, shall apply to any premium taxes that, on or after July 21, 2010, are required to be paid to any State that is subject to such compact or procedures; and

(B) if adopted after the expiration of such 330-day period, shall apply to any premium taxes that, on or after January 1 of the first calendar year that begins after the expiration of such 330-day period, are required to be paid to any State that is subject to such compact or procedures.

(3) Report Upon the expiration of the 330-day period referred to in paragraph (2), the NAIC may submit a report to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate identifying and describing any compact or other procedures for allocation among the States of premium taxes that have been adopted during such period by any States.

(4) Nationwide system The Congress intends that each State adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, collection, and allocation of premium taxes for nonadmitted insurance consistent with this section.

(c) Allocation based on tax allocation report To facilitate the payment of premium taxes among the States, an insureds home State may require surplus lines brokers and insureds who have independently procured insurance to annually file tax allocation reports with the insureds home State detailing the portion of the nonadmitted insurance policy premium or premiums attributable to properties, risks, or exposures located in each State. The filing of a nonadmitted insurance tax allocation report and the payment of tax may be made by a person authorized by the insured to act as its agent.

(Pub. L. 111203, title V, § 521, July 21, 2010, 124 Stat. 1589.)

Notes

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 111203, title V, § 512, July 21, 2010, 124 Stat. 1589, provided that: “Except as otherwise specifically provided in this subtitle [see Short Title note below], this subtitle shall take effect upon the expiration of the 12-month period beginning on the date of the enactment of this subtitle [July 21, 2010].”

Short TitlePub. L. 111203, title V, § 511, July 21, 2010, 124 Stat. 1589, provided that: “This subtitle [subtitle B (§§ 511542) of title V of Pub. L. 111203, enacting this chapter and provisions set out as a note under this section] may be cited as the Nonadmitted and Reinsurance Reform Act of 2010.”