|
|
 |
DOMESTIC INSURERS PRIVILEGE TAX |
General Information
|
Insurers considered "Delaware domestic insurers" -
insurance companies incorporated in the State of Delaware - are subject to an
additional Domestic Insurers' Privilege Tax, as set forth in Title18, Delaware Insurance Code, Section 703. This tax is separate from premium
tax, though it is due and filed in conjunction with the annual premium tax
filing, and must be included when calculating quarterly premium tax
prepayments.
To determine the privilege tax amount, each domestic insurer
must calculate its "Annual Gross Receipts" based on Net Premium
Income plus Investment Income. The amount of privilege tax is then taken from
a sliding scale (see Table below). Net premium income, for the purposes of
this section, consists of gross direct premiums plus "all other
considerations" which includes assumed reinsurance premiums. The
instructions for Privilege Tax section of the Annual Premium Tax and Fees
Report specify which figures from the company's Annual Statement are to be
used in making the calculations.
|
|
DELAWARE DOMESTIC INSURERS' PRIVILEGE TAX
(Taken from 18 Del. C., §703)
|
|
CREDITS: From the calculated Annual Gross Receipts, the
domestic insurers may be eligible for one or more of the following credits
applicable to the privilege tax amount:
-
Premium Volume: Delaware domestic insurers
who write 50% or more of their annual business on persons or property
located within the state of Delaware are exempt from payment of the
privilege tax for that calendar year pursuant to 18 Del. C.,
§703 (c).
-
Domestic Affiliates: In the case of Domestic
Insurers with one, two, or three Domestic Insurer Affiliates, only the
Affiliate with the largest annual gross receipts as defined above shall be
subject to the annual Privilege Tax imposed. Any affiliates exceeding the
three in number shall each be subject to the annual Privilege Tax.
-
Employee Services Performed: (a) For each
$100,000 of gross salaries, wages, and other compensation paid by the
Domestic Insurer and its affiliates for employee services performed within
Delaware, the Domestic Insurer shall be entitled to a credit of $1,500 for
such year, (b) For Domestic Insurers that do not maintain their principal
offices in the State of Delaware, the amount of tax due many not be
reduced to less than $15,000. NOTE: When taking this credit, a copy
of Form W-3 or year-end payroll reports MUST be attached for verification.
IMPORTANT INFORMATION REGARDING COMPANY
RE-DOMESTICATION
It is the Insurance Department's position that if a company is
a Delaware domestic insurer for any part of the tax year, the insurer is
subject to the full amount of privilege tax for that tax year as calculated
according to 18 Del. C., §703. In addition,
Delaware law does not provide for a prorata refund of privilege tax. This tax
is an annual one based on the annual gross receipts of the prior year for
domestic companies who are domesticated in Delaware on the first day of the
current tax year and who remain domesticated for the whole or any part of the
current tax year.
|
| If Annual Gross Receipts Are: |
The Annual Privilege Tax Shall Be: |
| Under $1,000,000 |
EXEMPT |
| $1,000,000 to $5,000,000 |
$10,000 |
| $5,000,001 to $10,000,000 |
$25,000 |
| $10,000,001 to $20,000,000 |
$45,000 |
| $20,000,001 to $30,000,000 |
$65,000 |
| $30,000,001 to $40,000,000 |
$85,000 |
| Over $40,000,000 |
$95,000 |
Some of the documents are in Portable Document Format (PDF). To view, download the free version of Adobe Acrobat Reader here.
|