{"data":{"id":"us-ky/krs-304.3-270","jurisdiction":"us-ky","citation":"KRS 304.3-270","heading":"Retaliatory provision.","body":"(1) The purpose of this section is to aid in the protection of insurers formed under the\nlaws of Kentucky and transacting insurance in other states or countries against\ndiscriminatory or onerous requirements under the laws of such states or countries or\nthe administration thereof.\n(2) When by or pursuant to the laws of any other state or foreign country or province\nany taxes, licenses and other fees, in the aggregate, and any fines, penalties, deposit\nrequirements or other material obligations, prohibitions or restrictions are or would\nbe imposed upon Kentucky insurers, or upon the agents or representatives of such\ninsurers, which are in excess of such taxes, licenses and other fees, in the aggregate,\nor which are in excess of the fines, penalties, deposit requi rements or other\nobligations, prohibitions, or restrictions directly imposed upon similar insurers, or\nupon the agents or representatives of such insurers, of such other state or country\nunder the statutes of this state, so long as such laws of such other state or country\ncontinue in force or are so applied, the same taxes, licenses and other fees, in the\naggregate, or fines, penalties, or deposit requirements or other material obligations,\nprohibitions, or restrictions of whatever kind shall be imposed by the commissioner\nupon the insurers, or upon the agents or representatives of such insurers, of such\nother state or country doing business or seeking to do business in Kentucky. Any\ntax, license or other fee or other obligation imposed by any city, county, or other\npolitical subdivision or agency of such other state or country on Kentucky insurers\nor their agents or representatives shall be deemed to be imposed by such state or\ncountry within the meaning of this section.\n(3) This section shall not apply as t o personal income taxes, nor as to ad valorem taxes\non real or personal property, nor as to special purpose obligations or assessments\nimposed by another state in connection with particular kinds of insurance other than\nproperty insurance; except that dedu ctions, from premium taxes or other taxes\notherwise payable, allowed on account of real estate or personal property taxes paid\nshall be taken into consideration by the commissioner in determining the propriety\nand extent of retaliatory action under this section.\n(4) For the purposes of this section the domicile of an alien insurer, other than insurers\nformed under the laws of Canada, or a province thereof, shall be that state\ndesignated by the insurer in writing filed with the commissioner at time of\nadmission to this state or within six (6) months after the effective date of this code,\nwhichever date is the later, and may be any one (1) of the following states:\n(a) That in which the insurer was first authorized to transact insurance;\n(b) That in which is located the insurer's principal office; or\n(c) That in which is held the largest deposit of trusteed assets of the insurer for\nthe protection of its policyholders in the United States.\nIf the insurer makes no such designation its domicile shall be deemed to  be that\nstate in which is located its principal office.\n(5) For the purpose of this section assessments by insurance guaranty associations or\nsimilar organizations in any other state shall not be considered or used in\ndetermining retaliatory taxation to b e imposed by the commissioner upon insurers\ndoing business in this state that are incorporated or organized under the laws of such\nother state, or upon their agents.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=16727","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:37Z","sha256":"ee971d90ac7171291b5b1e5bb7d85677562b14979c98f87a4182621e9f846dfc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.3-260","next":"us-ky/krs-304.3-280"},"notice":"GroundRules: Original legal text. Not legal advice."}