RRG Registration

Delaware domiciled Risk Retention Groups (RRGs) must register with the Delaware Captive Division https://captive.delawareinsurance.gov/Default.aspx

Foreign Risk Retention Groups (RRGs) that wish to do business in Delaware must register with the Insurance Department.  There is a non-refundable $100.00 registration fee.

Due to the volume of companies doing business in Delaware, and the frequent similarity in company names, all companies are referenced by their nine-digit Federal Employer Identification Number (EIN) and their 5-digit NAIC company code number.  It is imperative that these numbers be provided on the application.

RRG Taxation and Annual Renewals per 18 Del. C. §8004

Each risk retention group shall be liable for the payment of premium taxes, and taxes on premiums of direct business for risks resident or located within this State, and shall report to the Commissioner the net premiums written for risks resident or located within this State. Such risk retention group shall be subject to taxation, and any applicable fines and penalties related thereto, on the same basis as a foreign admitted insurer.

Effective December 31, 2008, lockbox services for premium tax and fees collection ceased. Companies should NOT send any tax reports or payments to either of the National City Bank lockbox addresses that have been in effect for the past several years. The Department has decided that with the implementation of online tax filing through OPTins and the availability of electronic funds transfer through that program, lockbox services will no longer be needed.

IMPORTANT: If forms are sent to the bank lockbox address, they will be returned. If the forms must be
forwarded to the Department after being returned from the bank lockbox address, the company will be subject to an administrative penalty for late filing. The penalty will accrue beginning on t he date the tax filing was due, and continue until the report and payment is received at the correct address.

With the closing of the bank lockbox, companies no longer have the option to pay premium taxes and fees electronically using ACH credit. OPTins is the only option available for electronic filings.

The Department would prefer that all companies use OPTins to submit tax and annual renewal forms and payments, but any company that is not able to utilize the OPTins program should send their tax reports and payments to the Department’s Dover address as follows:

Delaware Insurance Department
Attn: PREMIUM TAX SECTION
841 Silver Lake Blvd.
Dover, DE 19904-2465

IMPORTANT: Tax reports should never be sent with annual statement filings. Annual statements are received at a different section of the Insurance Department and tax returns that are included with the annual statement will not be forwarded to the tax section. Companies that include their premium tax returns with the annual statement will be subject to penalties for failure to file the premium tax return in a timely manner.

• Risk Retention Group Registration Application
• Power of Attorney Form
• Premium Tax and Annual Renewal Form
• Title 18, Chapter 80, Delaware Code - Risk Retention Act