N.Y. Insurance Law § 9105: Fire insurance premium tax; foreign mutual fire insurance companies

§ 9105. Fire insurance premium tax; foreign mutual fire insurance

companies. (a) (1) Every mutual fire insurance company or association

authorized to do business in this state pursuant to section four

thousand one hundred eight of this chapter shall pay to the

superintendent on or before the fifteenth day of February of each year a

tax of two per centum on all gross premiums collected or received by it

or them for direct insurance against loss or injury upon property

situated within this state during the preceding year ending the

thirty-first day of December.

(2) The tax shall be determined after deducting from such gross

premiums, premiums upon policies not taken; premiums returned on

cancelled policies; and any dividends or refunds or returns paid to

policyholders or applied in part payment of any renewal premium during

such year.

(b) (1) Every such mutual fire insurance company or association whose

business is confined chiefly to the insurance of sprinklered risks and

which is conducted solely for the benefit and protection of its members

and which pays no commissions or brokerages for the acquirement of its

business, in lieu of all other taxes on premiums, shall pay to the

superintendent on or before the fifteenth day of February of each year a

tax at the rate of two per centum on all gross premiums upon policies on

risks located in this state in force on the thirty-first day of December

next preceding.

(2) The tax shall be determined after deducting from such gross

premiums the dividends and returns and the unused or unabsorbed portion

of such gross premiums computed at the average rate of such dividends

and returns and the unused or unabsorbed portion of such gross premiums

actually paid to policyholders or applied in part payment of any renewal

premiums on its annual policy expiring during such year.

(c) (1) On or before the fifteenth day of February of each year every

mutual fire insurance company or association shall file with the

superintendent a statement showing the aggregate amount of gross

premiums collected for insurance against loss or injury and the several

items of deduction referred to under paragraph two of subsection (a)

hereof, and specifying the aggregate amounts of such gross premiums so

collected and the deductions therefrom by city, village, fire district,

fire alarm district, or fire protection district in which the property

covered by such insurance is located.

(2) In the case of a mutual fire insurance company or association

whose business is confined chiefly to the insurance of sprinklered risks

and which is conducted solely for the benefit and protection of its

members and which pays no commissions or brokerages for the acquirement

of its business, such statement shall, in lieu of the information

required pursuant to paragraph one hereof, specify by city, village,

fire district, fire alarm district, or fire protection district:

(A) the aggregate amount of such gross premiums upon policies on risks

located in this state in force at last year-end; and

(B) the dividends and returns and the unused or unabsorbed portion of

such aggregate amount of gross premiums, computed at the average rate of

such dividends and returns and the unused or unabsorbed portion of such

gross premiums, actually paid or applied in part payment of any renewal

premiums on its annual policies expiring during such year.

(3) Those provisions of this subsection which would require the

determination of the city, village, fire district, fire alarm district

or fire protection district in which an insured property is located

shall not apply to policies which insure motor vehicles provided that:

(A) the mutual fire insurance company or association allocates the

gross premiums and deductions, subject to the tax required by this

section, received from such policies by city, village, fire district,

fire alarm district or fire protection district using a percentage of

allocation which is based upon the amounts of all other premiums

required to be reported by this section; and

(B) the mutual fire insurance company or association has received the

approval of the superintendent to use this percentage of allocation.

(d) (1) The amount of all monies which were received by the

superintendent on or before the first day of April in each year under

the provisions of this section or section nine thousand one hundred four

of this article shall be distributed by him not later than the first day

of July in such year, after adding any earnings resulting from the

investment of such monies and deducting the expenses of collection and

distribution. Ten percent of such remaining monies received under this

section shall be paid to the treasurer of the Firemen's Association of

the State of New York for the support and maintenance of the firemen's

home at Hudson, New York, and the balance shall be paid as specified in

paragraph two hereof, in amounts which will be that proportion of the

balance so to be distributed which the total amount of fire insurance

business written by foreign mutual fire insurance companies on property

situated in such locality bears to the total amount of fire insurance

business written by foreign mutual fire insurance companies on property

situated in any and all of the protected localities in the state having

treasurers or other fiscal officers as designated in paragraph two

hereof afforded fire protection by a fire department or fire company and

upon which the tax provided in this section has been paid.

(2) Such payment shall be made (A) in the city of New York to the fire

commissioner as treasurer of the fire department of the city of New

York, and

(B) to the treasurer or other fiscal officer of the fire department

affording fire protection in each city, village, fire district, fire

alarm district, or fire protection district, or

(C) if any such fire department does not have a treasurer or other

fiscal officer then to the fiscal officer of the authorities having

jurisdiction and control of such fire department, or

(D) to such other person or entity as shall be designated in any

special law to receive such tax, and

(E) if such payment is received by the treasurer or other fiscal

officer of a fire department or fiscal officer of authorities having

jurisdiction and control of such fire department, such treasurer or

fiscal officer shall on or before the fifteenth day of July in each year

distribute the amount so received to the fire companies constituting the

fire department if such fire department is constituted of more than one

fire company.

(3) Except as otherwise provided in any special law, and except as to

the Firemen's Association of the State of New York, such tax shall be

used for the benefit of, as determined by the members thereof:

(A) the fire company receiving the tax, but this shall not preclude

the payment by a fire company of all or a part of such tax to the fire

department of which it is a part, or

(B) the fire department when such tax is not required under

subparagraph (E) of paragraph two of this subsection to be distributed

to fire companies.

(e) The provisions of this section shall not be changed, modified or

amended by any charter, local law, ordinance, resolution or regulation.