§833. Authorization of local taxes; penalties for nonpayment
A. Any municipal or parochial corporation in the state shall have the right to impose
a tax on any insurer engaged in the business of issuing any form of insurance policy or
contract, which may now or hereafter be subject to the payment of any tax for state purposes,
as provided in this Part, as follows:
(1)On any insurer engaged in the business of issuing life or accident or health
insurance policies, other than programs of benefits authorized or provided pursuant to the
provisions of Parts I and II of Chapter 12 of Title 42 of the Louisiana Revised Statutes of
1950, or other forms of contracts or obligations covering such risks, or issuing endowment
or annuity policies, or contracts, or other similar forms of contract obligati
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§833. Authorization of local taxes; penalties for nonpayment
A. Any municipal or parochial corporation in the state shall have the right to impose
a tax on any insurer engaged in the business of issuing any form of insurance policy or
contract, which may now or hereafter be subject to the payment of any tax for state purposes,
as provided in this Part, as follows:
(1) On any insurer engaged in the business of issuing life or accident or health
insurance policies, other than programs of benefits authorized or provided pursuant to the
provisions of Parts I and II of Chapter 12 of Title 42 of the Louisiana Revised Statutes of
1950, or other forms of contracts or obligations covering such risks, or issuing endowment
or annuity policies, or contracts, or other similar forms of contract obligations in
consideration of the payment of a premium or other consideration for the issuance of such
policies, contracts, or obligations, whether such insurer is operating in this state through an
agent or other representative or otherwise, not more than ten dollars on gross annual
premiums up to two thousand dollars, and the additional tax thereafter shall not be more than
seventy dollars on each ten thousand dollars, or fraction thereof, of gross annual premiums
in excess of two thousand dollars. However, the maximum tax on such businesses, payable
to such municipal or parochial corporation by any one insurer, shall not exceed twenty-one
thousand dollars. Premiums paid to an insurer by Louisiana Medicaid programs shall be
exempt from the tax imposed by this Section.
(2) On any insurer, engaged in the business of issuing policies, contracts, or other
forms of obligations covering the risk of fire, marine, transportation, surety, fidelity,
indemnity, guaranty, workers' compensation, employers' liability, property damage, livestock,
vehicle, automatic sprinkler, burglary, or insurance business of any other kind whatsoever
in this state, whether such insurer is operating in this state through producers or other
representatives or otherwise, not more than the following:
(a) 1st Class: When the gross receipts are not more than two thousand dollars, the
tax shall not exceed forty dollars;
(b) 2nd Class: When the gross receipts are more than two thousand dollars, and not
more than four thousand dollars, the tax shall not exceed sixty dollars;
(c) 3rd Class: When the gross receipts are more than four thousand dollars, and not
more than six thousand dollars, the tax shall not exceed eighty dollars;
(d) 4th Class: When the gross receipts exceed six thousand dollars, the additional
tax thereafter shall not be more than seventy dollars for each ten thousand dollars, or fraction
thereof, in excess of six thousand dollars.
B. The maximum tax on such businesses, payable to such municipality or parochial
corporation by any insurer, shall not exceed nine thousand dollars. Provided, that:
(1) Plate glass and steam boiler inspection insurers shall pay only one-third of the
above rates provided in Paragraph (A)(2) of this Section.
(2) The amount of tax payable to any municipal or parochial corporation as fixed in
this Section shall be one-third of the amount so fixed if the payer shall file a sworn statement
with the annual report required by this Part, showing that at least one-sixth of the total
admitted assets of the payer, are invested and maintained in qualifying Louisiana investments
as defined in R.S. 22:832(C).
(3) The total tax payable by an insurer to a parish shall be calculated on the total
direct premiums written by such insurer for risks located within unincorporated areas of such
parish. The total tax payable by an insurer to a municipality shall be calculated on the total
direct premiums written by such insurer for risks located within such municipality. Such
premiums shall not be subject to taxation by both the parish and the municipality. Such
premiums shall not be subject to taxation by more than one parish or municipality.
C.(1) In case of any failure to make a report or to make payment of tax as required
by this Section, before June first of any year in which it is due, a penalty of five percent per
month shall be added to the amount of tax due and payable to the municipal or parochial
corporation along with the tax due. The municipal or parochial corporation may waive the
payment of the penalty if it finds that failure to pay was due to some unforeseen or
unavoidable reason, other than mere neglect.
(2) The amount of any monetary penalty assessed pursuant to this Section shall not
be greater than twenty-five percent of the total amount of the tax due.
(3) When a payment is more than six months delinquent, the municipal or parochial
corporation may send a written recommendation to the commissioner of insurance requesting
the commissioner to revoke the authority of the delinquent taxpayer and all of the taxpayer's
agents to do business in this state. Upon receiving such a recommendation and finding that
the local tax assessment is correct and the insurer was duly notified of the assessment after
the payment thereof is delinquent, the commissioner, after due notice to all affected parties,
may revoke the authority of the taxpayer and all the taxpayer's agents to do business in this
state.
D. An aggrieved party affected by the commissioner's decision, act, or order may
demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq.
E. For a municipal or parochial corporation which has not imposed a tax pursuant
to this Section on or before August 15, 2012, the authorization for such tax shall cease
effective August 16, 2012. However, a municipal or parochial corporation which imposed
a tax pursuant to this Section on or before August 15, 2012, shall retain the authority to
renew that existing tax so long as such renewal does not exceed the limit provided in this
Subpart.