{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1115","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1115","heading":"Tax on surplus lines - Surplus lines insurer","body":"A. Where Oklahoma is the home state of the insured, every\n\nperson licensed pursuant to Section 1106 of this title shall collect\n\nand pay as provided in this section a sum for premium tax based on\n\nthe total gross premiums charged in connection with any broker-\n\nprocured surplus lines insurance, less any return premiums, for\n\nsurplus lines insurance sold to the Oklahoma home-state insureds by\n\nthe surplus lines broker or licensee.\n\nB. Where Oklahoma is the home state of the insured and the\n\ninsurance covers properties, risks or exposures located or to be\n\nperformed both in and out of Oklahoma, the sum payable to the\n\nOklahoma Insurance Commissioner shall be computed based on an amount\n\nequal to six percent (6%) of the total gross premiums whether the\n\nproperties, risks or exposures are located or to be performed inside\n\nor outside Oklahoma. Any such unearned gross premium credited by\n\nthe state to the surplus lines broker or licensee shall be returned\n\nto the policyholder by the broker or licensee. The surplus lines\n\nlicensee or broker is prohibited from rebating, for any reason, any\n\npart of the tax.\n\nC. Where Oklahoma is the home state of the insured, gross\n\npremiums charged for independently procured insurance, less any\n\nreturn premiums, are subject to a premium tax at the rate of six\n\npercent (6%) payable to the Oklahoma Insurance Commissioner, whether\n\nthe properties, risks or exposures are located or to be performed\n\ninside or outside Oklahoma.\n\nD. The Insurance Commissioner is authorized, in the exercise of\n\nhis or her sole discretion and judgment, to participate in the\n\nNonadmitted Insurance Multi-State Agreement or any other multistate\n\nagreement or compact with the same function and purpose for the\n\nfunction of collecting and disbursing to reciprocal states any funds\n\ncollected pursuant to the Unauthorized Insurers and Surplus Lines\n\nInsurance Act applicable to other properties, risks or exposures\n\nlocated or to be performed outside of Oklahoma. Until such time as\n\nthe Insurance Commissioner may, while not being required to, join\n\nsuch multistate agreement or compact, premium taxes relating to\n\nOklahoma home-state insureds shall continue to be paid and accounted\n\nfor by nonadmitted insurers through their surplus lines licensees\n\nand brokers as provided in subsections A through C of this section.\n\nE. When the surplus lines coverage of an Oklahoma home-state\n\ninsured covers properties, risks or exposures located only in\n\nOklahoma, the surplus lines licensee or broker or self-procuring\n\ninsured shall pay the surplus lines premium tax payable on such\n\nOklahoma-only risks solely to the Oklahoma Insurance Commissioner.\n\nF. Should the Insurance Commissioner exercise his or her sole\n\ndiscretion and judgment and decide to join the Nonadmitted Insurance\n\nMulti-State Agreement or any other multistate agreement or compact\n\nwith the same function and purpose, the Insurance Commissioner is\n\nauthorized in such event to establish a uniform, statewide rate of\n\ntaxation applicable to lines of nonadmitted insurance. This rate\n\nshall encompass all existing rates of taxation, fees and assessments\n\nimposed by this state, pursuant to subsections A through C of this\n\nsection and the Insurance Commissioner shall document the method by\n\nwhich the statewide rate is calculated. The Insurance Commissioner\n\nis authorized to receive any monies obtained as premium tax received\n\nthrough any multistate agreement he or she may in the future in his\n\nor her discretion choose to join and then disburse such funds as\n\nprovided by the Insurance Code and other applicable Oklahoma law.\n\nG. Should the Insurance Commissioner exercise his or her sole\n\ndiscretion and decide to join the Nonadmitted Insurance Multi-State\n\nAgreement or any other multistate agreement or compact with the same\n\nfunction and purpose, the Insurance Commissioner is authorized in\nsuch funds as\n\nprovided by the Insurance Code and other applicable Oklahoma law.\n\nG. Should the Insurance Commissioner exercise his or her sole\n\ndiscretion and decide to join the Nonadmitted Insurance Multi-State\n\nAgreement or any other multistate agreement or compact with the same\n\nfunction and purpose, the Insurance Commissioner is authorized in\n\nsuch circumstances to utilize or adopt any allocation schedule\n\nincluded in the Nonadmitted Insurance Multi-State Agreement or any\n\nother multistate agreement or compact the Insurance Commissioner may\n\nenter in the exercise of his or her sole discretion and judgment\n\nwhich schedule has the function and purpose of allocating risk and\n\ncomputing the tax due on the portion of premium attributable to each\n\nrisk classification and to each state where properties, risks or\n\nexposures are located.\n\nH. Policies sold to federally recognized Indian tribes shall be\n\nreported as provided in Section 1107 of this title; however, these\n\npolicies shall be exempt from the surplus line premium tax to the\n\nextent that the Insurance Commissioner can identify that coverage is\n\nfor risks which are wholly owned by a tribe and located within\n\nIndian Country, as defined in Section 1151 of Title 18 of the United\n\nStates Code.\n\nI. The surplus line premium tax on insurance on motor transit\n\noperations conducted between this and other states shall be paid on\n\nthe total premium charged on all surplus line insurance less:\n\n1. The portion of the premium charged for operations in other\n\nstates taxing the premium of an insured where Oklahoma is the home\n\nstate; or\n\n2. The premium for operations outside of this state of an\n\ninsured maintaining its headquarters office outside of this state\n\nand branch office in this state.\n\nJ. Flood insurance policies where Oklahoma is the home state of\n\nthe insured and the insurance covers properties, risks or exposures\n\nlocated in Oklahoma shall be exempt from the surplus line premium\n\ntax.\n\nK. Policies sold to any city or town in this state,\n\nincorporated pursuant to law, or to any school district, as defined\n\nin Section 1-108 of Title 70 of the Oklahoma Statutes, shall be\n\nexempt from the surplus lines premium tax.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4be41cf28a07db9504b10580c1c599f1455b0385f8aadba717d809d885ef0ba2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1114","next":"us-ok/okla.-stat.-tit.-36-36-1116"},"notice":"GroundRules: Original legal text. Not legal advice."}