215 ILCS 5/444
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXVIII - Final Provisions

 (from Ch. 73, par. 1056)Sec. 444. Retaliation.(1) Whenever the existing or future laws of any other state or country  shall  require of companies incorporated or organized under the laws of this State  as a condition precedent to their doing business in such other state or  country, compliance with laws, rules, regulations, and prohibitions more  onerous or burdensome than the rules and regulations imposed by this State  on foreign or alien companies, or shall require any deposit of securities  or other obligations in such state or country, for the protection of  policyholders or otherwise or require of such companies or agents thereof  or brokers the payment of penalties, fees, charges, or taxes greater than  the penalties, fees, charges, or taxes required in the aggregate for like  purposes by this Code or any other law of this State, of foreign or alien  companies, agents thereof or brokers, then such laws, rules, regulations,  and prohibitions of said other state or country shall apply to companies  incorporated or organized under the laws of such state or country doing  business in this State, and all such companies, agents thereof, or brokers  doing business in this State, shall be required to make deposits, pay  penalties, fees, charges, and taxes, in amounts equal to those required in  the aggregate for like purposes of Illinois companies doing business in  such state or country, agents thereof or brokers. Whenever any other state  or country shall refuse to permit any insurance company incorporated or  organized under the laws of this State to transact business according to  its usual plan in such other state or country, the director may, if  satisfied that such company of this State is solvent, properly managed, and  can operate legally under the laws of such other state or country,  forthwith suspend or cancel the license of every insurance company doing  business in this State which is incorporated or organized under the laws of  such other state or country to the extent that it insures in this State  against any of the risks or hazards which are sought to be insured against  by the company of this State in such other state or country.(2) The provisions of this Section shall not apply to residual market  or special purpose assessments or guaranty fund or guaranty association  assessments, both under the laws of this State and under the laws of any other  state  or country, and any tax offset or credit for any such assessment shall, for  purposes of this Section, be treated as a tax paid both under the laws of this  State and under the laws of any other state or country.(3) The terms "penalties", "fees", "charges", and "taxes" in subsection  (1) of this  Section  shall include: the penalties, fees, charges, and taxes collected on a cash basis under State  law  and  referenced within Article XXV exclusive of any items referenced by  subsection  (2) of this Section, but including any tax offset allowed under Section 531.13  of this Code; the aggregate Illinois corporate income taxes paid under Sections 601 and 803   of the Illinois Income Tax Act during the calendar year for which the retaliatory tax calculation is being made, less the recapture of any Illinois corporate income tax cash refunds to the extent that the amount of tax refunded was reported as part of the Illinois basis in the calculation of the retaliatory tax for a prior tax year, provided that such recaptured refund shall not exceed the amount necessary for equivalence of the Illinois basis with the state of incorporation basis in such tax year, and after  any tax offset allowed under Section 531.13 of this Code;  income or personal property taxes imposed by other states or countries;  penalties, fees, charges, and taxes of other states  or countries imposed for purposes like those of the penalties, fees, charges,  and taxes  specified in Article XXV of this Code exclusive of any item referenced in  subsection (2) of this Section; and any penalties, fees, charges, and taxes  required as  a  franchise, privilege, or licensing tax for  conducting the business of insurance whether calculated as a percentage of  income, gross receipts, premium, or otherwise.(4) Nothing contained in this Section or Section 409 or Section 444.1 is  intended to authorize or expand any power of local governmental units or  municipalities to impose taxes, fees, or charges.(5) This Section is subject to the provisions of Section 10 of the New Markets Development Program Act. (Source: P.A. 98-1169, eff. 1-9-15.)