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Business Taxes Law Guide—Revision 2024

BTLG Table of Contents > Tax on Insurers Law > Chapter 3.5 > entire chapter

Tax on Insurers Law

Revenue and Taxation Code

Division 2. Other Taxes
Part 7. Insurance Taxation

Chapter 3.5. Retaliatory Taxes, Licenses and Fees*


12281. Annual return. 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.

History—Added by Stats. 1961, p. 984, in effect March 31, 1961. Stats. 1967, p. 2601, in effect November 8, 1967, substituted "imposition of retaliatory exactions" for a specific reference to the Insurance Code in the first sentence and added most of the language following "making and filing" in the last sentence. Stats. 1990, Ch. 767, in effect September 13, 1990, substituted "April 1" for "May 1st", added "or her" after "him" and "in the … Commissioner" after "return", and deleted "information" after "retaliatory tax" in the first sentence; deleted the former second and third sentences which provided, "The regulations may define categories of insurers which the Insurance Commissioner reasonably believes will not owe any retaliatory taxes, licenses or fees. Insurers falling within such categories shall be exempt from making and filing an annual retaliatory tax information return and shall be relieved of the penalty with respect to an annual return imposed by Section 12282."; and added the second sentence.

12282. Failure to file timely return; penalty. [Repealed by Stats. 1990, Ch. 767, in effect September 13, 1990.]

12283. Commissioner's recommendations of tax. [Repealed by Stats. 1990, Ch. 767, in effect September 13, 1990.]

12284. Time for making annual assessment. [Repealed by Stats. 1990, Ch. 767, in effect September 13, 1990.]

12285. Application for correction. [Repealed by Stats. 1990, Ch. 767, in effect September 13, 1990.]

12286. Increase or decrease of assessment. [Repealed by Stats. 1990, Ch. 767, in effect September 13, 1990.]

12287. Due date, payment, interest, and penalty. 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.

History—Added by Stats. 1961, p. 985, in effect March 31, 1961. Stats. 1975, Ch. 661, operative to interest accuring on or after January 1, 1976, substituted "1 percent" for "one-half of 1 percent." Stats. 1982, Ch. 5, First Extra Session, in effect May 27, 1982, substituted "adjusted … 19269" for "rate … thereof" before "from" in the second sentence. Stats. 1984, Ch. 1020, operative July 1, 1985, added "modified" before "adjusted," deleted "annual" before "rate," added "per month, or fraction thereof," before "established" and substituted "Section 6591.5" for "Section 19269" in the second sentence. Stats. 1990, Ch. 767, in effect September 13, 1990, substituted "Except for … instance, the" for "The", and "April 1" for "December 1st" in the first sentence, added the second sentence, and substituted "April 1 (June 15 … retaliatory tax)" for "December 1st" in the third sentence.

12288. Deficiency assessments. Deficiency assessments for retaliatory taxes may be made in the same manner as is provided by this part for other deficiency assessments.

History—Added by Stats. 1961, p. 985, in effect March 31, 1961.

12289. Provisions applicable to retaliatory taxes. 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.

History—Added by Stats. 1961, p. 985, in effect March 31, 1961.

12290. Date for interest, penalties, and periods of limitation. [Repealed by Stats. 1990, Ch. 767, in effect September 13, 1990.]