§ 9104 — Fire insurance premium tax on foreign and alien insurers

New York § 9104

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 91: Taxes and Fees

Text

§ 9104. Fire insurance premium tax on foreign and alien insurers. (a)\nExcept in the cities of New York and Buffalo, there shall be paid by\nevery foreign and alien fire insurance corporation, association or\nindividuals which insure property against loss or damage by fire, except\nforeign mutual fire insurance companies, on or before the first day of\nMarch the sum of one dollar and eighty cents upon the hundred dollars,\nand at that rate, upon the amount of all premiums which during the year,\nor part of a year, ending on the last preceding thirty-first day of\nDecember, shall have been received by any such insurer for any insurance\nagainst loss or damage by fire written by it upon property situated\nwithin each city, village, fire district, or fire alarm district, or\nfire protection district to:\n (1) the treasurer or other fiscal officer of the fire department\naffording fire protection in such city, village, fire district, fire\nalarm district, or fire protection district, or\n (2) if any such fire department does not have a treasurer or other\nfiscal officer then to the fiscal officer of the authorities having\njurisdiction and control of such fire department, or\n (3) to such other person or entity as shall be designated in any\nspecial law to receive the premium tax, and\n (4) if such payment is made to the treasurer or other fiscal officer\nof a fire department or fiscal officer of authorities having\njurisdiction and control of such fire department, such treasurer or\nfiscal officer shall on or before the fifteenth day of March in each\nyear distribute the amount so received to the fire companies\nconstituting the fire department if such fire department is constituted\nof more than one fire company.\n (b) There shall also be paid to the treasurer of the Firemen's\nAssociation of the State of New York, on or before the first day of\nMarch in each year, by each such insurer, for the support and\nmaintenance of the firemen's home at Hudson, New York, the sum of twenty\ncents upon the hundred dollars, and at that rate, upon the amount of all\npremiums upon which a fire insurance premium tax is payable as\naforesaid.\n (c) Each insurer required to pay a tax pursuant to this section shall,\nat the time of paying such tax, file with the person to whom the tax is\nrequired to be paid a report, subscribed and affirmed by the person\nmaking it as true under the penalties of perjury, setting forth the\naggregate amount of premiums upon which the tax is payable.\n (d) Corporations, associations or individuals required to pay a fire\ninsurance premium tax by this section may elect to pay such tax to the\nsuperintendent, which shall be distributed by him as prescribed in this\nsection, except that such distribution shall be made with the\ndistribution required by section nine thousand one hundred five of this\narticle after adding any earnings and deducting the expenses as\nspecified in such section.\n (e) Every agent for any such insurer writing a policy of fire\ninsurance upon property in this state shall report to the insurer the\nname of the city, village, fire district or fire alarm district or fire\nprotection district in which the property insured is situated, and, if\nthe property insured is situated in territory not protected by any fire\ndepartment or fire company, that fact shall be reported.\n (f) Except as otherwise provided in any special law, and except as to\nthe Firemen's Association of the State of New York, such tax shall be\nused for the benefit of, as determined by the members thereof:\n (1) the fire company receiving the same, but this shall not preclude\nthe payment by a fire company of all or a part of such tax so received\nto the fire department of which it is a part, or\n (2) the fire department when such tax is not required under paragraph\nfour of subsection (a) of this section to be distributed to fire\ncompanies.\n (g) The provisions of this section shall not be changed, modified or\namended by any charter, local law, ordinance, resolution or regulation.\n (h) Those provisions of subsections (a) and (e) of this section which\nrequire the determination of the city, village, fire district, fire\nalarm district or fire protection district within which an insured\nproperty is located shall not apply to policies which insure motor\nvehicles, provided that:\n (1) the insurer allocates the tax to be paid on fire premiums received\nfrom such policies by city, village, fire district, fire alarm district\nor fire protection district using a percentage of allocation which is\nbased upon the amounts of tax to be paid on all other fire premiums; and\n (2) the insurer has received the approval of the superintendent to use\nthis percentage of allocation.\n