Laws, Regulations and Annotations
Search
Business Taxes Law Guide—Revision 2025
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- 12233 Title insurer doing trust business [Repealed.]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- 12252 Notification; amounts due [Repealed.]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- 12253.5 Remittance of prepayment; 1983 calendar year [Repealed.]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