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Business Taxes Law Guide – Revision 2023
Tax on Insurers Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 7. Insurance Taxation
Table of Contents
Constitution Provisions
Chapter 1. General Provisions | (View entire chapter)
Article 1 Definitions
- 12001 Construction
- 12002 "Ocean marine insurance"
- 12003 "Insurer"
- 12004 "Marine insurer"
- 12005 "Taxes"
- 12006 "Board"
- 12007 "Commissioner"
- 12008 "Controller"
- 12009 "Medi-Cal managed care plan" defined
Chapter 2. Ocean Marine Insurance | (View entire chapter)
Article 1 Definitions
- 12071 Application of definitions
- 12072 "Current calendar year"
- 12073 "Underwriting profit"
- 12074 "Net earned premiums"
- 12075 "Losses incurred"
- 12076 "Expenses incurred"
- 12077 "Specific expenses"
- 12078 "General expenses"
Article 2 Basis of Tax for Ocean Marine Insurance
- 12101 Tax levy; rate
- 12102 In lieu of other taxes; exceptions
- 12103 Basis for computation
- 12104 Computation on three-year basis
- 12105 Computation on less than three-year basis
- 12106 Refunds to policyholders not included
- 12107 Date for interest, penalties, and periods of limitation
Chapter 3. All Insurance Other Than Ocean Marine | (View entire chapter)
Article 1 General
- 12201 Annual tax
- 12202 Rate of tax
- 12202.1 Adjustment of rate of tax
- 12203 State Compensation Insurance Fund subject to tax
- 12204 In lieu of other taxes; exceptions
- 12205 Legislative intent
- 12206 Low income housing tax credit
- 12207 Disallowed tax credit
- 12208 Pilot project insurance tax credit
- 12209 Community development financial institution tax credit
- 12210 Disclosure of tax
Article 2 Basis of Tax for Other Than Title Insurers
Article 3 Basis of Tax for Title Insurers
- 12231 "Income upon business" as basis of tax
- 12232 "Investments" defined
- 12233 Title insurer doing trust business [Repealed.]
Article 4 Basis of Tax for Medi-Cal Managed Care Plans
- 12240 "Total operating revenue" as basis of tax
- 12241 "Total operating revenue" defined
- 12242 Repeal date
- 12243 "Total operating revenue" exemption
Article 5 Prepayments
- 12251 Prepayments
- 12252 Notification; amounts due [Repealed.]
- 12253 Remittance of prepayment
- 12253.5 Remittance of prepayment; 1983 calendar year [Repealed.]
- 12254 Amount of prepayment
- 12255 Extension of time
- 12256 Payments credited on annual tax
- 12257 Overpayment
- 12258 Penalty and interest
- 12259 State Compensation Insurance Fund
- 12260 Relief from prepayments
Chapter 3.5. Retaliatory Taxes, Licenses and Fees | (View entire chapter)
- 12281 Annual return
- 12282 Failure to file timely return; penalty [Repealed.]
- 12283 Commissioner's recommendations of tax [Repealed.]
- 12284 Time for making annual assessment [Repealed.]
- 12285 Application for correction [Repealed.]
- 12286 Increase or decrease of assessment [Repealed.]
- 12287 Due date, payment, interest, and penalty
- 12288 Deficiency assessments
- 12289 Provisions applicable to retaliatory taxes
- 12290 Date for interest, penalties, and periods of limitation [Repealed.]
Chapter 4. Assessment and Effect of Tax | (View entire chapter)
Article 1 Tax Returns and Initial Payments
- 12301 Due date
- 12302 Insurance tax return in duplicate
- 12303 Return to be signed; oath or declaration
- 12304 Blank forms furnished
- 12305 Remittance of tax
- 12306 Extension of time
- 12307 Interest on extension
Article 2 Initial Assessments
- 12411 Duplicate copy of return forwarded to board
- 12412 Initial assessment of tax
- 12413 Notice of initial assessment
- 12414 Overpayments may be offset
Article 3 Deficiency Assessments
- 12421 Determination of correct amount of tax
- 12422 Proposed deficiency assessment
- 12423 Estimate where no return filed
- 12424 Board to assess deficiency
- 12425 More than one deficiency assessment
- 12426 Overpayments may be offset
- 12427 Notice of deficiency assessment
- 12428 Petition for redetermination
- 12429 Oral hearing
- 12430 Decrease or increase before finality date
- 12431 Finality date
- 12432 Statute of limitations
- 12433 Waiver of limitation
- 12434 Service of notice
- 12435 Copies of notice
Article 4 Effect of Tax
- 12491 Lien of tax
- 12492 When lien attaches
- 12493 Lien has effect of execution
- 12494 Removal of lien
- 12495 No dissolution or bankruptcy discharge until taxes paid
Chapter 5. Payment and Collection | (View entire chapter)
Article 1 Generally
Article 2 Interest and Penalties
- 12631 Interest and penalty
- 12631.5 Interest; daily basis
- 12632 Deficiency assessment; interest and penalty
- 12633 Penalty for failure to file return
- 12634 Negligence penalty
- 12635 Fraud penalty
- 12636 Excusable delay
- 12636.5 Application of payment to delinquent tax liabilities
- 12637 Relief from interest—disaster
Article 3 Suits for Taxes
- 12676 Suit for collection of tax
- 12677 Procedure
- 12678 Attorney General
- 12679 Service of summons
- 12680 Writ of attachment
- 12681 Controller's certificate prima facie evidence
- 12682 Payment of judgment
Article 4 Recovery of Erroneous Refunds
Chapter 6. Suspension of Rights of Delinquent Insurers | (View entire chapter)
Article 1 Revocation of Certificate of Authority
- 12801 Controller's annual report of delinquent insurers
- 12802 Revocation of certificate of authority; hearing
- 12803 Restoration of certificate
Article 2 Suspended Corporate Insurers
- 12832 Exercise of rights after suspension unlawful
- 12833 Jurisdiction of offense
- 12834 Evidence; certified copies of lists of delinquent corporations
Chapter 7. Cancellations and Refunds | (View entire chapter)
Article 1 Cancellations
Article 2 Refund or Credit for Collected Taxes
- 12977 Credits and refunds
- 12978 Time for presentation of claim
- 12979 Form and content of claim
- 12980 Failure to file claim
- 12981 Notice of action on claim
- 12982 Transmittal of claim to board
- 12983 Interest; insurers
- 12983.1 Interest; surplus line brokers
- 12983.5 Timely refund—disallowance of interest
- 12984 Disallowance of interest
Chapter 8. Taxpayer's Suits | (View entire chapter)
- 13101 Enjoining collection forbidden
- 13102 Necessity of refund claim
- 13103 Suit for refund; limitation
- 13104 When refund claim not acted upon
- 13105 Failure to bring suit within time
- 13106 Disposition of judgment
- 13107 Interest
- 13108 Judgment for assignee forbidden