Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 9104
Fire insurance premium tax on foreign and alien insurers
Insurance (ISC) CHAPTER 28, ARTICLE 91
§ 9104. Fire insurance premium tax on foreign and alien insurers. (a)
Except in the cities of New York and Buffalo, there shall be paid by
every foreign and alien fire insurance corporation, association or
individuals which insure property against loss or damage by fire, except
foreign mutual fire insurance companies, on or before the first day of
March the sum of one dollar and eighty cents upon the hundred dollars,
and at that rate, upon the amount of all premiums which during the year,
or part of a year, ending on the last preceding thirty-first day of
December, shall have been received by any such insurer for any insurance
against loss or damage by fire written by it upon property situated
within each city, village, fire district, or fire alarm district, or
fire protection district to:

(1) the treasurer or other fiscal officer of the fire department
affording fire protection in such city, village, fire district, fire
alarm district, or fire protection district, or

(2) 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

(3) to such other person or entity as shall be designated in any
special law to receive the premium tax, and

(4) if such payment is made to 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 March 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.

(b) There shall also be paid to the treasurer of the Firemen's
Association of the State of New York, on or before the first day of
March in each year, by each such insurer, for the support and
maintenance of the firemen's home at Hudson, New York, the sum of twenty
cents upon the hundred dollars, and at that rate, upon the amount of all
premiums upon which a fire insurance premium tax is payable as
aforesaid.

(c) Each insurer required to pay a tax pursuant to this section shall,
at the time of paying such tax, file with the person to whom the tax is
required to be paid a report, subscribed and affirmed by the person
making it as true under the penalties of perjury, setting forth the
aggregate amount of premiums upon which the tax is payable.

(d) Corporations, associations or individuals required to pay a fire
insurance premium tax by this section may elect to pay such tax to the
superintendent, which shall be distributed by him as prescribed in this
section, except that such distribution shall be made with the
distribution required by section nine thousand one hundred five of this
article after adding any earnings and deducting the expenses as
specified in such section.

(e) Every agent for any such insurer writing a policy of fire
insurance upon property in this state shall report to the insurer the
name of the city, village, fire district or fire alarm district or fire
protection district in which the property insured is situated, and, if
the property insured is situated in territory not protected by any fire
department or fire company, that fact shall be reported.

(f) 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:

(1) the fire company receiving the same, but this shall not preclude
the payment by a fire company of all or a part of such tax so received
to the fire department of which it is a part, or

(2) the fire department when such tax is not required under paragraph
four of subsection (a) of this section to be distributed to fire
companies.

(g) The provisions of this section shall not be changed, modified or
amended by any charter, local law, ordinance, resolution or regulation.

(h) Those provisions of subsections (a) and (e) of this section which
require the determination of the city, village, fire district, fire
alarm district or fire protection district within which an insured
property is located shall not apply to policies which insure motor
vehicles, provided that:

(1) the insurer allocates the tax to be paid on fire premiums 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 tax to be paid on all other fire premiums; and

(2) the insurer has received the approval of the superintendent to use
this percentage of allocation.