Indiana § 27-1-2-2.3 Captive insurers

Indiana Statutes

§ 27-1-2-2.3 — Captive insurers

Indiana § 27-1-2-2.3

Title 27INSURANCE

Art. 1DEPARTMENT OF INSURANCE

Ch. 2Application of Article; Definitions

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Bluebook

Ind. Code § 27-1-2-2.3 (2026).

Text

3.

(a)As used in this section, "captive insurer" means a foreign company or an alien company:

(1)that is supervised in the foreign or alien jurisdiction;

(2)that is owned by a person that conducts business in Indiana;

(3)whose exclusive purpose is to insure property and casualty risks of:

(A)the parent entity described in subdivision (2);

(B)affiliates of the parent entity; or

(C)a controlled unaffiliated business; which may include reinsuring (through risk-sharing arrangements) property and casualty risks insured by other foreign companies or alien companies described in subdivision (1); and

(4)that:

(A)is owned or controlled by a state educational institution (as defined by IC 21-7-13-32); or

(B)has made an election under Section 831(b) of the Internal Revenue Code if that elec

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3. (a) As used in this section, "captive insurer"
means a foreign company or an alien company:
(1) that is supervised in the foreign or alien jurisdiction;
(2) that is owned by a person that conducts business in Indiana;
(3) whose exclusive purpose is to insure property and casualty
risks of:
(A) the parent entity described in subdivision (2);
(B) affiliates of the parent entity; or
(C) a controlled unaffiliated business;
which may include reinsuring (through risk-sharing
arrangements) property and casualty risks insured by other foreign
companies or alien companies described in subdivision (1); and
(4) that:
(A) is owned or controlled by a state educational institution (as
defined by IC 21-7-13-32); or
(B) has made an election under Section 831(b) of the Internal
Revenue Code if that election is in effect.
(b) As used in this section, "controlled unaffiliated business" means
a business:
(1) that:
(A) is not an affiliate of; and
(B) has a contractual relationship with;
a parent entity described in subsection (a)(2) or an affiliate of the
parent entity; and
(2) the risks of which are managed by a captive insurer.
(c) Except as provided in this section, this article does not apply to
a captive insurer.
(d) A captive insurer that is doing business in Indiana:
(1) is not required to obtain a certificate of authority in Indiana
under IC 27-1-6 for domestic formation or under IC 27-1-17 for
foreign company admission;
(2) shall register with the commissioner; and
(3) shall, for each calendar year after 2012 in which the captive
insurer is doing business in Indiana, pay into the treasury of this
state a tax of two thousand five hundred dollars ($2,500).
(e) A captive insurer that is required to pay the tax imposed for a
calendar year under subsection (d)(3) shall pay the tax as follows:
(1) For a tax imposed under subsection (d)(3) for calendar year
2013, the captive insurer shall pay the tax before July 1, 2014.
(2) For a tax imposed under subsection (d)(3) for a calendar year
after 2013, the captive insurer shall pay the tax before April 15 of
the following calendar year.
(f) The state and a political subdivision of the state shall not impose
a license fee or privilege or other tax on a captive insurer, except the
following:
(1) The tax described in subsection (d)(3).
(2) An applicable tax on real and tangible personal property of the
captive insurer.