HLS 15RS-671 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 221
BY REPRESENTATIVE HALL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE/SURPLUS LINE: Provides relative to reporting requirements for the surplus
lines insurance tax
1 AN ACT
2To amend and reenact R.S. 22:439(A) and (B), relative to reporting requirements for the
3 surplus lines insurance tax; to specify which surplus lines brokers shall file which
4 type of report with the commissioner of insurance; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 22:439(A) and (B) are hereby amended and reenacted to read as
7follows:
8 ยง439. Tax on surplus lines
9 A.(1) On Except as otherwise provided in Paragraph (3) of this Subsection,
10 on or before March first, June first, September first, and December first of each year,
11 each surplus lines broker shall transmit to the commissioner of insurance a surplus
12 lines tax report for the prior calendar quarter for single-state, Louisiana properties,
13 risks, or exposures. This report shall be in a manner and format prescribed by the
14 commissioner of insurance and include any additional information as required by the
15 The commissioner The reporting of transactions shall prescribe the manner and form
16 of the report that shall be as follows: include:
17 (a) All new and renewal policies will be included in the report for the
18 calendar quarter in which the effective date of the policy falls.
19 (b) All other premium transactions will be included in the report for the
20 calendar quarter in which the invoice falls.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 221
1 (c) Any additional information required by the commissioner.
2 (2) Along with With the report required to be filed on the due dates provided
3 in Paragraph (1) of this Subsection, each surplus lines broker shall remit to the
4 commissioner of insurance a tax on the premiums on surplus lines insurance reported
5 in the quarterly surplus lines tax report, at the rate of five percent per annum. Such
6 tax when collected by the commissioner of insurance shall be paid to the state
7 treasurer and be credited to the general fund.
8 (3) The commissioner shall not require a quarterly report for any quarter for
9 which a surplus lines broker has no surplus lines premium to report; however, the
10 commissioner shall require the filing of an annual report due on or before March first
11 of each year to certify the reporting of all surplus lines business conducted during the
12 prior calendar year or to certify the absence of any business during the prior calendar
13 year.
14 B. Every person placing insurance for single-state, Louisiana properties,
15 risks, or exposures with an unauthorized insurer without going through a licensed
16 Louisiana producer or surplus lines broker, except as provided in R.S. 22:432, shall
17 remit to the commissioner of insurance a tax of five percent of the gross premium,
18 such tax to be paid at the same time and under the same conditions as that levied on
19 surplus lines brokers under the provisions of Subsection A of this Section. Such tax
20 when collected by the commissioner of insurance shall be paid to the state treasurer
21 and be credited to the general fund.
22 * * *
23 Section 2. This Act shall become effective on January 1, 2016.
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HB NO. 221
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 221 Engrossed 2015 Regular Session Hall
Abstract: Provides that those surplus lines brokers not placing La. business during a
calendar quarter need not file a quarterly surplus lines tax report. Further requires
that those not placing La. business only file one surplus lines tax report due on or
before the first day of March of the following year.
Present law requires that each surplus lines broker submit to the insurance commissioner a
quarterly surplus lines tax report for La. business.
Proposed law provides that the commissioner shall not require a quarterly report for any
quarter for which a surplus lines broker has no surplus lines premium to report; however,
requires the commissioner to require the filing of an annual report due on or before March
first of each year to certify the reporting of all surplus lines business conducted during the
prior calendar year or to certify the absence of any business during the prior calendar year.
Effective Jan. 1, 2016.
(Amends R.S. 22:439(A) and (B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.