NY Ins L § 9105 (2021)
2021 New York Laws ISC - Insurance Article 91 - Taxes and Fees 9105 - Fire Insurance Premium Tax; Foreign Mutual Fire Insurance Companies.

§  9105.  Fire  insurance  premium  tax; foreign mutual fire insurance companies. (a) (1) Every mutual fire insurance  company  or  association authorized  to  do  business  in  this  state  pursuant  to section four thousand  one  hundred  eight  of  this  chapter  shall   pay   to   the superintendent on or before the fifteenth day of February of each year a tax  of two per centum on all gross premiums collected or received by it or them for direct  insurance  against  loss  or  injury  upon  property situated  within  this  state  during  the  preceding  year  ending  the thirty-first day of December.  (2) The tax shall  be  determined  after  deducting  from  such  gross premiums,  premiums  upon  policies  not  taken;  premiums  returned  on cancelled policies; and any dividends or  refunds  or  returns  paid  to policyholders  or  applied in part payment of any renewal premium during such year.  (b) (1) Every such mutual fire insurance company or association  whose business  is  confined chiefly to the insurance of sprinklered risks and which is conducted solely for the benefit and protection of its  members and  which  pays no commissions or brokerages for the acquirement of its business, in lieu of all other taxes  on  premiums,  shall  pay  to  the superintendent on or before the fifteenth day of February of each year a tax at the rate of two per centum on all gross premiums upon policies on risks located in this state in force on the thirty-first day of December next preceding.  (2)  The  tax  shall  be  determined  after  deducting from such gross premiums the dividends and returns and the unused or unabsorbed  portion of  such  gross  premiums computed at the average rate of such dividends and returns and the unused or unabsorbed portion of such gross  premiums actually paid to policyholders or applied in part payment of any renewal premiums on its annual policy expiring during such year.  (c)  (1) On or before the fifteenth day of February of each year every mutual fire  insurance  company  or  association  shall  file  with  the superintendent  a  statement  showing  the  aggregate  amount  of  gross premiums collected for insurance against loss or injury and the  several items  of  deduction  referred  to under paragraph two of subsection (a) hereof, and specifying the aggregate amounts of such gross  premiums  so collected  and the deductions therefrom by city, village, fire district, fire alarm district, or fire protection district in which  the  property covered by such insurance is located.  (2)  In  the  case  of  a mutual fire insurance company or association whose business is confined chiefly to the insurance of sprinklered risks and which is conducted solely for the  benefit  and  protection  of  its members  and which pays no commissions or brokerages for the acquirement of its business, such  statement  shall,  in  lieu  of  the  information required  pursuant  to  paragraph  one hereof, specify by city, village, fire district, fire alarm district, or fire protection district:  (A) the aggregate amount of such gross premiums upon policies on risks located in this state in force at last year-end; and  (B) the dividends and returns and the unused or unabsorbed portion  of such aggregate amount of gross premiums, computed at the average rate of such  dividends and returns and the unused or unabsorbed portion of such gross premiums, actually paid or applied in part payment of any  renewal premiums on its annual policies expiring during such year.  (3)  Those  provisions  of  this  subsection  which  would require the determination of the city, village, fire district, fire  alarm  district or  fire  protection  district  in  which an insured property is located shall not apply to policies which insure motor vehicles provided that:  (A) the mutual fire insurance company  or  association  allocates  the gross  premiums  and  deductions,  subject  to  the tax required by this  section, received from such policies by city,  village,  fire  district, fire  alarm  district  or fire protection district using a percentage of allocation which is  based  upon  the  amounts  of  all  other  premiums required to be reported by this section; and  (B)  the mutual fire insurance company or association has received the approval of the superintendent to use this percentage of allocation.  (d)  (1)  The  amount  of  all  monies  which  were  received  by  the superintendent  on  or  before the first day of April in each year under the provisions of this section or section nine thousand one hundred four of this article shall be distributed by him not later than the first day of July in such year, after  adding  any  earnings  resulting  from  the investment  of  such monies and deducting the expenses of collection and distribution. Ten percent of such remaining monies received  under  this section  shall  be paid to the treasurer of the Firemen's Association of the State of New York for the support and maintenance of  the  firemen's home  at Hudson, New York, and the balance shall be paid as specified in paragraph two hereof, in amounts which will be that  proportion  of  the balance  so  to  be distributed which the total amount of fire insurance business written by foreign mutual fire insurance companies on  property situated  in  such  locality bears to the total amount of fire insurance business written by foreign mutual fire insurance companies on  property situated  in any and all of the protected localities in the state having treasurers or other fiscal  officers  as  designated  in  paragraph  two hereof afforded fire protection by a fire department or fire company and upon which the tax provided in this section has been paid.  (2) Such payment shall be made (A) in the city of New York to the fire commissioner  as  treasurer  of  the  fire department of the city of New York, and  (B) to the treasurer or other fiscal officer of  the  fire  department affording  fire  protection  in  each city, village, fire district, fire alarm district, or fire protection district, or  (C) if any such fire department does not have  a  treasurer  or  other fiscal  officer  then  to  the  fiscal officer of the authorities having jurisdiction and control of such fire department, or  (D) to such other person or entity  as  shall  be  designated  in  any special law to receive such tax, and  (E)  if  such  payment  is  received  by the treasurer or other fiscal officer of a fire department or fiscal  officer  of  authorities  having jurisdiction  and  control  of  such  fire department, such treasurer or fiscal officer shall on or before the fifteenth day of July in each year distribute the amount so received to the fire companies constituting the fire department if such fire department is constituted of more than  one fire company.  (3)  Except as otherwise provided in any special law, and except as to the Firemen's Association of the State of New York, such  tax  shall  be used for the benefit of, as determined by the members thereof:  (A)  the  fire  company receiving the tax, but this shall not preclude the payment by a fire company of all or a part of such tax to  the  fire department of which it is a part, or  (B)   the  fire  department  when  such  tax  is  not  required  under subparagraph (E) of paragraph two of this subsection to  be  distributed to fire companies.  (e)  The  provisions of this section shall not be changed, modified or amended by any charter, local law, ordinance, resolution or regulation.