reglab/statecodes huggingface dataset:
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 1 - General › Section 12208.

12208. (a) There shall be allowed as a credit against the amount of tax, as defined in Section 28 of Article XIII of the California Constitution, an amount equal to the amount of the gross premiums tax due from the insurer on account of pilot project insurance for previously uninsured motorists.
(b) As used in this section “pilot project insurance for previously uninsured motorists” means motor vehicle liability insurance issued by an insurer under Article 5.5 (commencing with Section 11629.7) or Article 5.6 (commencing with Section 11629.9) of Chapter 1 of Part 3 of Division 2 of the Insurance Code, with respect to an insured who, at the time of the issuance, owned or operated a motor vehicle without proof of financial responsibility as defined in Section 16020 of the Vehicle Code, and any renewal of that insurance.
(Added by Stats. 1999, Ch. 808, Sec. 3. Effective January 1, 2000.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 1 - General › Section 12209.

12209. (a) Notwithstanding Sections 12207 and 12208 to the contrary, for the years 2020 and 2021, the total amount of all credits otherwise allowable under Sections 12207 and 12208, including any credit amount allowed to be carried over pursuant to those sections or subdivision (c), shall not reduce the “tax,” as described by Section 12201, by more than five million dollars ($5,000,000) for a given year.
(b) (1) The amount of any credit otherwise allowable for a year under Section 12207 that is not allowed due to the application of this section shall remain a credit carryover amount under Section 12207.
(2) The carryover period for any credit allowable under Section 12207 that is not allowed due to the application of this section shall be increased by the number of years the credit or any portion thereof was not allowed.
(c) The amount of any credit otherwise allowable for a year under Section 12208 that was not allowed due to the application of this section may be carried over to reduce the “tax,” as described by Section 12201, for the following year, and succeeding years if necessary, until the credit amount or any portion thereof that was not allowed due to the application of this section is exhausted. However, any credit amount under Section 12208 that is allowed to be carried over pursuant to this subdivision is also subject to the limitation in subdivision (a).
(d) The limitation under subdivision (a) shall not apply to the credit allowed by Section 12206 (relating to credit for low-income housing).
(Amended by Stats. 2022, Ch. 3, Sec. 5. (SB 113) Effective February 9, 2022.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 1 - General › Section 12210.

12210. (a) A life insurer or life insurance agent shall inform his or her client of the tax imposed under this part.
(b) A life insurer or life insurance agent who quotes only one price that includes the gross premiums tax is exempt from compliance with the requirements of subdivision (a).
(Added by Stats. 2000, Ch. 614, Sec. 1. Effective January 1, 2001.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 2 - Basis of Tax for Other Than Title Insurers › Section 12221.

12221. In the case of an insurer not transacting title insurance in this State, the basis of the tax is, in respect to each year, the amount of gross premiums, less return premiums, received in such year by such insurer upon its business done in this State. “Gross premiums” do not include premiums received for reinsurance and for ocean marine insurance. Gross premiums of reciprocal or interinsurance exchanges shall be determined as provided in Section 1530 of the Insurance Code. For purposes of the tax imposed by this chapter, “gross premiums” shall be deemed to include home protection contract fees defined in Section 12740 of the Insurance Code. Notwithstanding the rate specified in Section 12202, for annuity policies or contracts that constitute qualified funding assets pursuant to Section 130(d) of Title 26 of the United States Code, the gross premiums tax rate for premiums received for those annuity policies and contracts shall be 0 percent for premiums received on or after January 1, 2023.
(Amended by Stats. 2022, Ch. 474, Sec. 27. (SB 1496) Effective January 1, 2023.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 2 - Basis of Tax for Other Than Title Insurers › Section 12222.

12222. Funds accepted by a life insurer under an agreement which provides for an accumulation of funds to purchase annuities at future dates may be considered as “gross premiums received” either upon receipt or upon the actual application of such funds to the purchase of annuities. However, any interest credited to funds accumulated while under the latter alternative shall also be included in “gross premiums received,” and any funds taxed upon receipt, including any interest later credited thereto, shall not be subject to taxation upon the purchase of annuities. Each life insurer shall signify on its premium tax return covering premiums for the calendar year 1957 its election between such two alternatives. Thereafter an insurer shall not change such election without the consent of the commissioner. Any such funds taxed as “gross premiums” shall, in the event of withdrawal of the funds before their actual application to the purchase of annuities, be eligible to be included as “return premiums” if eligible therefor under the provisions of Section 28 of Article XIII of the Constitution.
(Amended by Stats. 1974, Ch. 311.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 3 - Basis of Tax for Title Insurers › Section 12231.

12231. In the case of an insurer transacting title insurance in this State, the basis of the tax is, in respect to each year, all income upon business done in this State, except:
(a) Interest and dividends.
(b) Rents from real property.
(c) Profits from the sale or other disposition of investments.
(d) Income from investments.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 3 - Basis of Tax for Title Insurers › Section 12232.

12232. “Investments,” as used in Section 12231, includes property acquired by an insurer in the settlement or adjustment of claims against it but excludes investments in title plants and title records. Income derived directly or indirectly from the use of title plants and title records is included in the basis of the tax.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 4 - Basis of Tax for Medi-Cal Managed Care Plans › Section 12240.

12240. In the case of a Medi-Cal managed care plan, the basis of the tax is, in respect to each year, total operating revenue.
(Added by Stats. 2013, Ch. 33, Sec. 10. (SB 78) Effective June 27, 2013. Section operative as of July 1, 2012, pursuant to Section 12242.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 4 - Basis of Tax for Medi-Cal Managed Care Plans › Section 12241.

12241. For purposes of this article, “total operating revenue” means all amounts received by a Medi-Cal managed care plan in premium or capitation payments for the coverage or provision of all health care services, including, but not limited to, Medi-Cal services. Total operating revenue shall not include amounts received by a Medi-Cal managed care plan pursuant to a subcontract with a Medi-Cal managed care plan to provide health care services to Medi-Cal beneficiaries.
(Added by Stats. 2013, Ch. 33, Sec. 10. (SB 78) Effective June 27, 2013. Section operative as of July 1, 2012, pursuant to Section 12242.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 4 - Basis of Tax for Medi-Cal Managed Care Plans › Section 12242.

12242. This article shall be operative on July 1, 2012.
(Added by Stats. 2013, Ch. 33, Sec. 10. (SB 78) Effective June 27, 2013. Section operative as of July 1, 2012, by its own provisions. Note: Operative date applies to Article 4, commencing with Section 12240.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12251.

12251. (a) Each calendar year, insurers transacting insurance in this state and whose annual tax for the preceding calendar year was twenty thousand dollars ($20,000) or more shall make prepayments of the annual tax for the current calendar year imposed by Section 28 of Article XIII of the California Constitution and this part, provided that prepayments shall not be made with respect to the tax on ocean marine insurance underwriting profit or any retaliatory tax.
(b) This section shall become operative on July 1, 2013.
(Amended (as added by Stats. 2013, Ch. 33, Sec. 13) by Stats. 2014, Ch. 362, Sec. 7. (AB 2734) Effective January 1, 2015.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12253.

12253. (a) Each insurer required to make prepayments shall remit them on or before each of the dates of April 1, June 1, September 1, and December 1 of the current calendar year. Remittances for prepayments shall be made payable to the Controller and shall be delivered to the office of the commissioner, accompanied by a prepayment form prescribed by the commissioner.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 15) and added by Stats. 2013, Ch. 33, Sec. 16. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12254.

12254. (a) The amount of each prepayment shall be 25 percent of the amount of the annual insurance tax liability reported on the return of the insurer for the preceding calendar year.
(b) In establishing the prepayment amount of an insurer that has acquired the business of another insurer, the amount of tax liability of the acquiring insurer reported for the preceding calendar year shall be deemed to include the amount of tax liability of the acquired insurer reported for that year.
(c) Notwithstanding subdivision (a), for a health insurer subject to Section 12202.2 both of the following shall apply:
(1) On or after July 1, 2016, and on or before June 30, 2019, a prepayment shall not be required.
(2) The amount of each prepayment due after June 30, 2019, shall be 25 percent of the amount of what the annual insurance tax liability reported on the return of the insurer for the preceding calendar year would have been if Section 12202.2 had never been operative.
(d) This section shall become operative on July 1, 2013.
(Amended by Stats. 2016, Ch. 320, Sec. 1. (AB 1625) Effective September 13, 2016.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12255.

12255. The commissioner, for good cause shown, may extend for not to exceed 10 days the time for making a prepayment. The extension may be granted at any time, provided that a request therefor is filed with the commissioner within or prior to the period for which the extension may be granted. Interest at the rate prescribed by Section 12631 shall be paid for the period of time for which the extension is granted.
(Amended by Stats. 1982, Ch. 327, Sec. 165. Effective June 30, 1982.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12256.

12256. All amounts paid under this article, other than penalties and interest, shall be allowed as a credit on the annual tax imposed by Section 28 of Article XIII of the California Constitution and this part.
(Amended by Stats. 1974, Ch. 311.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12257.

12257. (a) If the total amount of prepayments for any calendar year exceeds the amount of annual tax for that year, the excess shall be treated as an overpayment of annual tax and, at the election of the insurer, may be credited against the amounts due and payable for the first prepayment of the following year. Any amount of the overpayment not so credited shall be allowed as a credit or refund under Article 2 (commencing with Section 12977) of Chapter 7 of this part.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 21) and added by Stats. 2013, Ch. 33, Sec. 22. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12258.

12258. (a) Any insurer that fails to pay any prepayment within the time required shall pay a penalty of 10 percent of the amount of the required prepayment, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the due date of the prepayment until the date of payment but not for any period after the due date of the annual tax. Assessments of prepayment deficiencies may be made in the manner provided by deficiency assessments of the annual tax.
(b) Notwithstanding any other law, if a Medi-Cal managed care plan, as defined in subdivision (a) of Section 12009, receives additional amounts includable in its total operating revenue, as defined in Section 12241, for the service periods from January 1, 2009, to June 30, 2013, inclusive, those amounts shall continue to be subject to the tax imposed by Section 12201, as added by Section 4 of Chapter 33 of the Statutes of 2013, as added by Section 5 of Chapter 157 of the Statutes of 2009, as added by Section 31 of Chapter 717 of the Statutes of 2010, and as added by Section 2 of Chapter 11 of the First Extraordinary Session of the Statutes of 2011, and 100 percent of the tax continues to be due and shall be submitted to the Department of Insurance no later than 30 days after receipt of those amounts.
(c) This section does not apply to an insurer subject to paragraph (1) of subdivision (c) of Section 12254.
(Amended by Stats. 2017, Ch. 561, Sec. 229. (AB 1516) Effective January 1, 2018.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12259.

12259. The provisions of this article apply to the State Compensation Insurance Fund as well as to private insurers.
(Repealed and added by Stats. 1969, Ch. 736.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3 - All Insurance Other Than Ocean Marine › ARTICLE 5 - Prepayments › Section 12260.

12260. (a) Notwithstanding any other provision of this article, the commissioner may relieve an insurer of its obligation to make prepayments if the insurer establishes to the satisfaction of the commissioner that either the insurer has ceased to transact insurance in this state, or the insurer’s annual tax for the current year will be less than twenty thousand dollars ($20,000).
(b) This section shall become operative on July 1, 2013.
(Amended (as added by Stats. 2013, Ch. 33, Sec. 28) by Stats. 2014, Ch. 362, Sec. 8. (AB 2734) Effective January 1, 2015.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3.5 - Retaliatory Taxes, Licenses and Fees › Section 12281.

12281. Annually, on or before April 1, each insurer subject to the imposition of retaliatory exactions shall file, in duplicate, with the Insurance Commissioner, in accordance with regulations promulgated by him or her, a retaliatory tax return in the form prescribed by the Insurance Commissioner. Annually, on or before June 15th, each insurer subject to the imposition of ocean marine taxes shall amend its retaliatory tax return by filing, in duplicate, with the Insurance Commissioner, an amended ocean marine retaliatory tax return in the form prescribed by the Insurance Commissioner.
(Amended by Stats. 1990, Ch. 767, Sec. 1. Effective September 13, 1990. Applicable from January 1, 1990, by Sec. 9 of Ch. 767.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3.5 - Retaliatory Taxes, Licenses and Fees › Section 12287.

12287. Except for the retaliatory tax due on ocean marine insurance, the retaliatory tax shall be due and payable on or before April 1 and shall be paid by remittance made payable to the Controller. Any additional retaliatory tax due on account of ocean marine insurance shall be due and payable on or before June 15 and shall be paid by remittance made payable to the Controller. If not paid on or before the due date, the amount of retaliatory tax shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from April 1 (June 15 with respect to any additional ocean marine retaliatory tax) until the date of payment, and there shall be paid in addition to the tax and interest, a penalty of 10 percent of the amount of the retaliatory tax.
(Amended by Stats. 1990, Ch. 767, Sec. 7. Effective September 13, 1990. Applicable from January 1, 1990, by Sec. 9 of Ch. 767.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3.5 - Retaliatory Taxes, Licenses and Fees › Section 12288.

12288. Deficiency assessments for retaliatory taxes may be made in the same manner as is provided by this part for other deficiency assessments.
(Added by Stats. 1961, Ch. 44.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 3.5 - Retaliatory Taxes, Licenses and Fees › Section 12289.

12289. All provisions of this part not in conflict with the provisions of this chapter shall apply to the assessment, levy, payment, collection and correction of retaliatory taxes, and the rights and remedies of the State and of insurers provided by this part shall apply to retaliatory taxes.
(Added by Stats. 1961, Ch. 44.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 1 - Tax Returns and Initial Payments › Section 12301.

12301. (a) The taxes imposed upon insurers by Section 28 of Article XIII of the California Constitution and this part, except with respect to taxes on ocean marine insurance and retaliatory taxes, are due and payable annually on or before April 1 of the year following the calendar year in which the insurer engaged in the business of insurance or transacted insurance in this state. The taxes imposed with respect to ocean marine insurance are due and payable on or before June 15 of that year.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 30) and added by Stats. 2013, Ch. 33, Sec. 31. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 1 - Tax Returns and Initial Payments › Section 12302.

12302. (a) On or before April 1 (or June 15 with respect to taxes on ocean marine insurance) every person that is subject to any tax imposed by Section 28 of Article XIII of the California Constitution or this part, in respect to the preceding calendar year shall file, in duplicate, an insurance tax return with the commissioner in the form as the commissioner may prescribe. The return shall show that information pertaining to its insurance business in this state as will reflect the basis of its tax as set forth in Chapter 2 (commencing with Section 12071) and Chapter 3 (commencing with Section 12201) of this part, the computation of the amount of tax for the period covered by the return, the total amount of any tax prepayments made pursuant to Article 5 (commencing with Section 12251) of Chapter 3 of this part, and any other information as the commissioner may require to carry out the purposes of this part. Separate returns shall be filed with respect to the following kinds of insurance:
(1) Life insurance (or life insurance and disability insurance).
(2) Ocean marine insurance.
(3) Title insurance.
(4) Insurance other than life insurance (or life insurance and disability insurance), ocean marine insurance or title insurance.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 33) and added by Stats. 2013, Ch. 33, Sec. 34. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 1 - Tax Returns and Initial Payments › Section 12303.

12303. (a) Every return required by this article to be filed with the commissioner shall be signed by the insurer or an executive officer of the insurer and shall be made under oath or contain a written declaration that it is made under penalty of perjury. A return of a foreign insurer may be signed and verified by its manager residing within this state. A return of an alien insurer may be signed and verified by the United States manager of the insurer.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 36) and added by Stats. 2013, Ch. 33, Sec. 37. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 1 - Tax Returns and Initial Payments › Section 12304.

12304. (a) Blank forms of returns shall be furnished by the commissioner on application, but failure to secure the form shall not relieve any insurer from making or filing a timely return.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 39) and added by Stats. 2013, Ch. 33, Sec. 40. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 1 - Tax Returns and Initial Payments › Section 12305.

12305. (a) The insurer required to file a return shall deliver the return in duplicate, together with a remittance payable to the Controller, for the amount of tax computed and shown thereon, less any prepayments made pursuant to Article 5 (commencing with Section 12251) of Chapter 3 of this part, to the office of the commissioner.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 42) and added by Stats. 2013, Ch. 33, Sec. 43. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 1 - Tax Returns and Initial Payments › Section 12306.

12306. The commissioner, for good cause shown, may extend for not to exceed 30 days the time for filing a tax return or paying any amount required to be paid with the return. The extension may be granted at any time, provided that a request therefor is filed with the commissioner within or prior to the period for which the extension may be granted.
(Amended by Stats. 1965, Ch. 510.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 1 - Tax Returns and Initial Payments › Section 12307.

12307. (a) Any insurer that is granted an extension shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from April 1 until the date of payment.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 45) and added by Stats. 2013, Ch. 33, Sec. 46. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 2 - Initial Assessments › Section 12411.

12411. A duplicate copy of each tax return received by the commissioner shall be promptly forwarded to the board.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 2 - Initial Assessments › Section 12412.

12412. (a) Upon receipt of the duplicate copy of the return of an insurer the board shall initially assess the tax in accordance with the data as reported by the insurer on the return.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 48) and added by Stats. 2013, Ch. 33, Sec. 49. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 2 - Initial Assessments › Section 12413.

12413. (a) The board shall promptly transmit notice of its initial assessment to the commissioner and the Controller, and if the initial assessment differs from the amount computed by the insurer, notice shall also be given to the insurer.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 51) and added by Stats. 2013, Ch. 33, Sec. 52. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 2 - Initial Assessments › Section 12414.

12414. In making an initial assessment the board may offset an overpayment for one calendar year against an underpayment for another calendar year, against penalties, and against any interest on an underpayment.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12421.

12421. (a) As soon as practicable after an insurer’s or surplus line broker’s return is filed, the commissioner shall examine it, together with any information within his or her possession or that may come into his or her possession, and he or she shall determine the correct amount of tax of the insurer or surplus line broker.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 54) and added by Stats. 2013, Ch. 33, Sec. 55. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12422.

12422. (a) If the commissioner determines that the amount of tax disclosed by the insurer’s tax return and assessed by the board is less than the amount of tax disclosed by his or her examination, he or she shall propose, in writing, to the board a deficiency assessment for the difference. The proposal shall set forth the basis for the deficiency assessment and the details of its computation.
(b) If the commissioner determines that the amount of tax disclosed by the surplus line broker’s tax return is less than the amount of tax disclosed by his or her examination, he or she shall propose, in writing, to the board a deficiency assessment for the difference. The proposal shall set forth the basis for the deficiency assessment and the details of its computation.
(c) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 57) and added by Stats. 2013, Ch. 33, Sec. 58. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12423.

12423. (a) If an insurer or surplus line broker fails to file a return, the commissioner may require a return by mailing notice to the insurer or surplus line broker to file a return by a specified date or he or she may without requiring a return, or upon no return having been filed pursuant to the demand therefor, make an estimate of the amount of tax due for the calendar year or years in respect to which the insurer or surplus line broker failed to file the return. The estimate shall be made from any available information which is in the commissioner’s possession or may come into his or her possession, and the commissioner shall propose, in writing, to the board a deficiency assessment for the amount of the estimated tax. The proposal shall set forth the basis of the estimate and the details of the computation of the tax.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 60) and added by Stats. 2013, Ch. 33, Sec. 61. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12424.

12424. The board shall make a deficiency assessment on the basis of a proposal submitted to it by the commissioner pursuant to Section 12422 or 12423.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12425.

12425. One or more deficiency assessments may be proposed or made for the amount of tax due for one or for more than one calendar year.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12426.

12426. In making a deficiency assessment the board may offset an overpayment for one calendar year against an underpayment for another calendar year, against penalties and against any interest on an underpayment.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12427.

12427. (a) The board shall promptly notify the insurer or surplus line broker of a deficiency assessment made against the insurer or surplus line broker.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 63) and added by Stats. 2013, Ch. 33, Sec. 64. (SB 78) Effective June 27, 2013. Section operative July 1, 2013.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12428.

12428. (a) An insurer or surplus line broker against which a deficiency assessment is made under Section 12424 or 12425 may petition for redetermination of the deficiency assessment within 30 days after service upon the insurer or surplus line broker of the notice thereof, by filing with the board a written petition setting forth the grounds of objection to the deficiency assessment and the correction sought. At the time the petition is filed with the board, a copy of the petition shall be filed with the commissioner.
If a petition for redetermination is not filed within the period prescribed by this section, the deficiency assessment becomes final and due and payable at the expiration of that period.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 66) and added by Stats. 2013, Ch. 33, Sec. 67. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12429.

12429. (a) If a petition for redetermination of a deficiency assessment is filed within the time allowed under Section 12428, the board shall reconsider the deficiency assessment and, if the insurer or surplus line broker has so requested in the petition, shall grant an oral hearing for the presentation of evidence and argument before the board or its authorized representative. The board shall give the petitioner and the commissioner at least 20 days’ notice of the time and place of hearing. The hearing may be continued from time to time as may be necessary.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 69) and added by Stats. 2013, Ch. 33, Sec. 70. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12430.

12430. The board may decrease or increase the amount of the deficiency assessment before the deficiency assessment becomes final, but the amount may be increased only if a claim for the increase is asserted by the commissioner or the board at or before the hearing.
(Added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12431.

12431. (a) The order or decision of the board upon a petition for redetermination of a deficiency assessment becomes final 30 days after service on the insurer or surplus line broker of a notice thereof, and any resulting deficiency assessment is due and payable at the time the order or decision becomes final.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 72) and added by Stats. 2013, Ch. 33, Sec. 73. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12432.

12432. Except for a notice given pursuant to Section 12430 or 12431, or in the case of fraud or the failure to file a return, every notice of a deficiency assessment shall be given within four years after April 1st of the year following the year for which the amount of tax is assessed or within four years after the return is filed, whichever period expires the later. In the case of failure to file a return the notice shall be given within eight years after April 1st of the year following the year for which the amount of tax is assessed.
(Amended by Stats. 1969, Ch. 736.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12433.

12433. (a) If before the expiration of the time prescribed in Section 12432 for giving of a notice of deficiency assessment the insurer or surplus line broker has consented in writing to the giving of the notice after that time, the notice may be given at any time prior to the expiration of the time agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 75) and added by Stats. 2013, Ch. 33, Sec. 76. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12434.

12434. (a) Any notice required by this article shall be placed in a sealed envelope, with postage paid, addressed to the insurer or surplus line broker at its address as it appears in the records of the commissioner or the board. The giving of notice shall be deemed complete at the time of deposit of the notice in the United States Post Office, or a mailbox, subpost office, substation or mail chute or other facility regularly maintained or provided by the United States Postal Service, without extension of time for any reason. In lieu of mailing, a notice may be served personally by delivering to the person to be served and service shall be deemed complete at the time of the delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 78) and added by Stats. 2013, Ch. 33, Sec. 79. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 3 - Deficiency Assessments › Section 12435.

12435. A copy of each notice of a deficiency assessment made by the board shall be transmitted to the commissioner and the Controller. The Controller shall keep an appropriate record of all such assessments and any payments thereon.
(Repealed and added by Stats. 1961, Ch. 740.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 4 - Effect of Tax › Section 12491.

12491. (a) Every tax levied upon an insurer under the provisions of Article XIII of the California Constitution and of this part is a lien upon all property and franchises of every kind and nature belonging to the insurer, and has the effect of a judgment against the insurer.
(b) (1) Every tax levied upon a surplus line broker under Part 7.5 (commencing with Section 13201) is a lien upon all property and franchises of every kind and nature belonging to the surplus line broker, and has the effect of a judgment against the surplus line broker.
(2) A lien levied pursuant to this subdivision shall not exceed the amount of unpaid tax collected by the surplus line broker.
(Amended by Stats. 2017, Ch. 561, Sec. 230. (AB 1516) Effective January 1, 2018.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 4 - Effect of Tax › Section 12492.

12492. Every lien attaches as of 12:01 a.m. on the first day of March of the calendar year in which the tax is levied.
(Amended by Stats. 1967, Ch. 818.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 4 - Effect of Tax › Section 12493.

12493. (a) Every lien has the effect of an execution duly levied against all property of a delinquent insurer or surplus line broker.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 84) and added by Stats. 2013, Ch. 33, Sec. 85. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 4 - Effect of Tax › Section 12494.

12494. (a) No judgment is satisfied nor lien removed until either:
(1) The taxes, interest, penalties, and costs are paid.
(2) The insurer’s or surplus line broker’s property is sold for the payment thereof.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 87) and added by Stats. 2013, Ch. 33, Sec. 88. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 4 - Assessment and Effect of Tax › ARTICLE 4 - Effect of Tax › Section 12495.

12495. No court shall make and enter a final discharge in bankruptcy or decree of dissolution, nor shall any county clerk or the Secretary of State file a discharge, decree, or any other document by which the term of existence of a corporation or surplus line broker’s business is reduced, or a surplus line broker’s assets are transferred to a new owner until all taxes, interest, penalties, and costs are paid and discharged.
(Amended by Stats. 2005, Ch. 231, Sec. 5. Effective January 1, 2006.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 5 - Payment and Collection › ARTICLE 1 - Generally › Section 12601.

12601. (a) Amounts of taxes, interest, and penalties not remitted to the commissioner with the original return of the insurer shall be payable to the Controller.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 90) and added by Stats. 2013, Ch. 33, Sec. 91. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 5 - Payment and Collection › ARTICLE 1 - Generally › Section 12602.

12602. (a) On and after January 1, 1994, and before January 1, 1995, each insurer whose annual taxes exceed fifty thousand dollars ($50,000) shall make payment by electronic funds transfer, as defined by Section 45 of the Insurance Code. On and after January 1, 1995, each insurer whose annual taxes exceed twenty thousand dollars ($20,000) shall make payment by electronic funds transfer. The insurer shall choose one of the acceptable methods described in Section 45 of the Insurance Code for completing the electronic funds transfer.
(b) Payment shall be deemed complete on the date the electronic funds transfer is initiated, if settlement to the state’s demand account occurs on or before the banking day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment shall be deemed to occur on the date settlement occurs.
(c) (1) Any insurer required to remit taxes by electronic funds transfer pursuant to this section that remits those taxes by means other than an appropriate electronic funds transfer, shall be assessed a penalty in an amount equal to 10 percent of the taxes due at the time of the payment.
(2) If the Department of Insurance finds that an insurer’s failure to make payment by an appropriate electronic funds transfer in accordance with subdivision (a) is due to reasonable cause or circumstances beyond the insurer’s control, and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, that insurer shall be relieved of the penalty provided in paragraph (1).
(3) Any insurer seeking to be relieved of the penalty provided in paragraph (1) shall file with the Department of Insurance a statement under penalty of perjury setting forth the facts upon which the claim for relief is based.
(d) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 93) and added by Stats. 2013, Ch. 33, Sec. 94. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 5 - Payment and Collection › ARTICLE 2 - Interest and Penalties › Section 12631.

12631. (a) Any insurer that fails to pay any tax, except a tax determined as a deficiency assessment by the board under Article 3 (commencing with Section 12421) of Chapter 4, within the time required, shall pay a penalty of 10 percent of the amount of the tax in addition to the tax, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the due date of the tax until the date of payment.
(b) This section shall become operative on July 1, 2013.
(Repealed (in Sec. 96) and added by Stats. 2013, Ch. 33, Sec. 97. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.)
2023 California Code › Revenue and Taxation Code - RTC › DIVISION 2 - OTHER TAXES › PART 7 - INSURANCE TAXATION › CHAPTER 5 - Payment and Collection › ARTICLE 2 - Interest and Penalties › Section 12631.5.

12631.5. (a) If the department finds, taking into account all facts and circumstances, that it is inequitable to compute interest at the modified adjusted rate per month or fraction thereof, as defined in subdivision (b) of Section 6591.5, interest shall be computed at the modified adjusted daily rate from the date on which the tax or prepayment was due until the date of payment, if all of the following occur:
(1) The payment of tax or prepayment was made one business day after the date the tax or prepayment was due.
(2) The person was granted relief from all penalties that applied to that payment of tax or prepayment.
(3) The person files a request for an adjustment.
(b) For purposes of this section, “modified adjusted daily rate” means the modified adjusted rate per annum as defined in subdivision (a) of Section 6591.5 determined on a daily basis by dividing the modified adjusted rate per annum by 365.
(c) For purposes of this section, “business day” means any day other than a Saturday, Sunday, or any day designated as a state holiday.
(d) This section shall not apply to any payment made pursuant to a deficiency determination, or a determination where no return has been filed.
(e) This section shall only apply to electronic payments or prepayments of taxes.
(Amended by Stats. 2021, Ch. 432, Sec. 19. (SB 824) Effective January 1, 2022.)