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The Premium Tax Section is responsible for the regulation of Surplus Lines brokers, including reporting and compliance, along with the collection of surplus lines premium tax revenue. Refer to Title 18, Delaware Insurance Code Chapter 19 for details of Surplus and Excess Lines regulation.
Click button to open form
2011 SURPLUS LINES ANNUAL PREMIUM TAX SUMMARY REPORT
To be filed by, or on behalf of, all individual surplus lines brokers.
Agencies cannot transact business and should not file tax reports.
This form must be received by March 1, 2012 and is required
whether or not any business was written. Zero reports are required.
PLEASE CONTINUE TO CHECK THIS WEBSITE REGULARLY
FOR UPDATES ON FILING PROCEDURES AND UPDATED FORMS.
OPTins – ONLINE PREMIUM TAX FOR INSURANCE
OPTins is the preferred method of submission of the SL-1916 and SL-1917 forms. OPTins provides immediate, secure transmission and receipt of premium tax reports and payments online. All surplus lines brokers are encouraged to use OPTins to submit their Delaware annual and quarterly premium tax forms and payments to the Department electronically. However, use of OPTins is not mandatory at this time. |
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IMPORTANT SURPLUS LINES UPDATES
On July 21, 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act into law. Contained in its entirety within that legislation was the Nonadmitted and Reinsurance Reform Act of 2010. That Act, referred to as the "NRRA", placed surplus lines taxation, regulation and licensing authority under the exclusive oversight of the home state of the insured. Changes to surplus lines laws and procedures are being made in every state to accommodate the mandates adopted by the federal government. Check this page frequently to follow updates posted by the Delaware Department of Insurance as they take effect.
Click here for an article with information about changes contained in the recently passed "Delaware Nonadmitted Insurance Act" (Senate Bill 109), including information about the new Delaware Domestic Surplus Lines Insurer company license type.ATTENTION
SURPLUS LINES BROKERS AND FILING PERSONNEL
*** Update as of 10/11/11 ***
See below for new formsIF YOU USE OPTins to make your premium tax filings and payments, you may continue to use OPTins and the SL-1917 form to report and pay taxes quarterly.
IF YOU PAY BY CHECK and you have already prepared the SL-1917 for the third quarter (July through September), go ahead and submit the SL-1917 and payment as usual. In fact, if it is really complicated to change your accounting system to pay monthly rather than quarterly, you may continue with quarterly payments and the SL-1917. But if it's not a problem to change, monthly would be better.
EITHER WAY -- WHETHER BY CHECK OR BY OPTins -- FOR THE MONTHS OF OCTOBER, NOVEMBER AND DECEMBER, use the new paper form SL-1925-M to report monthly. Do not use the old SL-1905 Excel form*. Attach a paper SL-1903-MS form for each policy, both multi-state and single-state, to the paper SL-1925-M form and send them to the address on the form. Just add a note to each SL-1925-M submission stating that you'll be paying quarterly or through OPTins if that's what you decide.
* If you had any multi-state policies during the third quarter July-Sept. period that have already been reported, please send a paper SL-1903-MS form for each multi-state policy with a note and I will match it to your SL-1905 reports. If you didn't have any multi-state policies in that quarter just send in the SL-1917 and payment as usual.
Report only policies where Delaware is the home state of the insured. If no business is written no reports are due.
REMEMBER, reports must be submitted by or on behalf of the procuring individual SL broker. Agencies cannot transact business, only individuals.
YOUR HELP IS NEEDED
The Delaware Department of Insurance is performing a fiscal analysis to find the affect of NRRA-related changes to Delaware's revenues. The findings must be reported to the General Assembly in January 2012, at which time a decision will be made as to whether Delaware will enter into a tax sharing arrangement with other states.
THE DEPARTMENT NEEDS YOUR HELP TO ACCOMPLISH THE FISCAL ANALYSIS
The Department developed the forms listed below to provide important information from you, the surplus lines brokers who procure insurance from nonadmitted insurers. Use of these forms is effective immediately.
Please Note: These forms are Microsoft WORD documents that can be completed using the computer.
Once you enter the information, print the forms and send them as instructed on the forms, either by mail or delivery, to the Department's Dover office address:
Delaware Department of Insurance
Attn: SURPLUS LINES SECTION
841 Silver Lake Blvd.
Dover, DE 19904-2465
IMPORTANT: The forms listed in the Forms section below apply only to business transacted prior to July 21, 2011. Use of forms SL-1916, SL-1917, and SL-1905 has been suspended temporarily and should not be used to report business transacted after July 21, 2011. Forms SL-1904 (Statement of Diligent Effort) and SL-1908 (Binder/Policy Number Replacement) are still in use. Please review SL Bulletin 10 for more information on changes to filing procedures.
CLICK HERE FOR FREQUENTLY ASKED QUESTIONS
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Surplus Lines Broker Procedures Manual – All parties involved in the surplus lines insurance business are expected to access and use this tool. This manual was developed by the Department in 2006 to assist and acquaint resident and non-resident Delaware Surplus Lines licensees and their staff with proper procedures. Eligible Companies Listing – This list of companies approved in Delaware to provide insurance on a surplus lines basis is updated quarterly. It is the surplus lines broker's responsibility to check the eligibility list before placing business with any insurer. Surplus Lines Broker Licensing – Information regarding licensing requirements. |
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IMPORTANT: should only be submitted by (or on behalf of) individual surplus lines brokers.
Please Note: Form SL-1706 -- Business Entity Annual Report has been eliminated. Business entities are no longer required to make any filing.
Form SL-1916 -- 2010 Brokers Annual Premium Tax and Fees Report due on or before March 1, 2011.
THIS REPORT MUST BE FILED BY ALL INDIVIDUAL SURPLUS LINES BROKERS. ZERO ANNUAL REPORTS ARE REQUIRED. The Department’s preferred method for submission of this report is through OPTins. This report must be submitted by each individual surplus lines broker regardless of business volume or tax liability. Submit a zero report if no business was written. Form SL-1917 -- CY 2011 Quarterly Premium Tax Reports due during CY 2011 . The Department’s preferred method for submission of this report is through OPTins. This report must be submitted by each individual surplus lines broker. Important change in filing procedure: Beginning with Q1-2010, Zero quarterly reports are no longer required. Form SL-1917-10 – Click this link to get the 2010 fourth quarter SL-1917 Quarterly Form (due January 30, 2011). Do not submit this quarterly tax report and the annual tax report together.
Delaware Insurance Department IMPORTANT: DO NOT SEND ANY REPORTS TO EITHER OF THE BANK LOCKBOX ADDRESSES THAT HAVE BEEN IN USE IN PAST YEARS. 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 broker will be subject to a penalty of $25.00 per day for late filing. This penalty will accrue beginning on the date the tax filing was due, and continue until the report and payment is received at the correct address. Form SL-1905 Instructions -- IMPORTANT: Read these instructions carefully before using form SL-1905. This form is intended as an electronic submission in Excel format. DO NOT submit this form in print or PDF format unless you are reporting a tax-exempt policy. Form SL-1905 -- Notice of Insurance Transaction (to be used on an occurrence basis) This form has been updated to include the 12/31/10 version of the Eligible Companies Listing. Please replace the template you saved from last year with this updated form. Form SL-1904 -- Statement of Diligent Effort Form SL-1908 -- Binder/Policy Number Replacement Prior Year Surplus Lines Broker Tax Filing Forms – Click here to get forms for amendments.
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