act-1927-0-486•Pennsylvania Act 1927-486 — MARINE INSURANCE TAX IMPOSED
Pennsylvania Act 1927-486 — MARINE INSURANCE TAX IMPOSED
act-1927-0-4861927 Pa. Act 486Law
Act text
MARINE INSURANCE TAX IMPOSED
Act of May 13, 1927, P.L. 998, No. 486 Cl. 72
AN ACT
Imposing a tax for State purposes on marine insurance
underwriting profits, and providing for the collection of
such tax.
Section 1. Be it enacted, &c., That the term "marine
insurance" and "marine business" and "marine risks" shall mean
insurance or reinsurances against any and all kinds of loss of
or damage to:
(a) Vessels, craft, aircraft, cars, automobiles, and
vehicles of every kind (excluding automobiles operating under
their own power, or while in storage not incidental to
transportation), as well as all goods, freights, cargoes,
merchandise, effects, disbursements, profits, moneys, bullion,
precious stones, securities, choses in action, evidences of
debt, valuable papers, bottomry, and respondentia interests, and
all other kinds of property and interests therein in respect to,
appertaining to, or in connection with any and all risks or
perils of navigation, transit or transportation, including war
risks, on or under any seas or other waters, on land or in the
air, or while being assembled, packed, crated, baled,
compressed, or similarly prepared for shipment, or while
awaiting the same, or during any delays, storage, transshipment
or reshipment incident thereto, including marine builder's
risks, and all personal property floater risks; and
(b) Person or to property in connection with or appertaining
to a marine, inland marine transit or transportation insurance,
including liability for loss of or damage to, either arising out
of or in connection with, the construction, repair, operation,
maintenance or use of the subject matter of such insurance (but
not including life insurance or surety bonds); but, except as
herein specified, shall not mean insurances against loss by
reason of bodily injury to the person:
(c) Provided, however, That nothing contained in this
section shall apply to inland marine transit, or transportation
insurance by land, where the risk begins and ends in the United
States.
Section 2. Every insurer organized, admitted or licensed to
transact the business of marine insurance within this
Commonwealth, shall, with respect to such marine insurance
written by it within this Commonwealth, pay a tax of five per
centum on that proportion of the total underwriting profit of
such insurer, from such marine insurance written within the
United States, which the gross premiums of the insurer from such
marine insurance written within this Commonwealth bear to the
gross premiums of the insurer from such marine insurance written
within the United States. The term "underwriting profit," as
used herein, shall be arrived at by deducting from the net
earned premiums on such marine insurance contracts, written
within the United States during the calendar year, (1) the
losses incurred, and (2) expenses incurred, including all taxes,
State and Federal, in connection with such net earned premiums.
Net earned premiums on such marine insurance contracts
written during the calendar year shall be arrived at as follows:
Gross premiums on such marine insurance contracts written
during the calendar year, less any and all return premiums, any
and all premiums on policies not taken, any and all premiums
paid for reinsurance.
Add unearned premiums on such outstanding marine business at
the end of the preceding calendar year.
Deduct unearned premiums on such outstanding marine business
at the end of the current calendar year.
Losses incurred, as used herein, shall mean gross losses
incurred during the calendar year, under such marine insurance
contracts written within the United States, less reinsurance
claims collected or collectible and salvages or recoveries
collectible from any source applicable to the aforesaid losses.
Expenses incurred shall include:
(a) Specific expenses incurred on such earned marine
premiums, consisting of all commissions, agency expenses, taxes,
licenses fees, loss-adjustment expenses, and all other expenses
incurred directly and specifically in connection with such
premiums, less recoveries or reimbursements on account of or in
connection with such commissions or other expenses collected or
collectible because of reinsurance from any other source.
(b) General expenses incurred on such earned premiums
consisting of that proportion of general or overhead expenses,
such as salaries of officers and employes, printing and
stationery, all taxes of this Commonwealth and of the United
States except as otherwise provided herein, and all other
expenses not chargeable specifically to a particular class of
insurance which the net premiums of such marine insurance
written bear to the total net premiums written by such insurer
from all classes of insurance written by it during the current
calendar year.
Section 3. Every insurer transacting such marine insurance
in this Commonwealth shall file, on or before the first day of
June in each year, with the Department of Revenue, and in the
form prescribed by it, a report of all the items pertaining to
its insurance business as enumerated and prescribed in the
preceding section of this act. Every insurer, which has been
writing such insurance in this Commonwealth for three years,
shall furnish to the Department of Revenue a statement of all of
the aforementioned items, in the form prescribed by it, for each
of the preceding three calendar years. An insurer which has not
been writing such marine insurance for three years shall furnish
to the Department of Revenue a statement of all the
aforementioned items for each of the calendar years during which
it has written marine insurance. Every insurer, at the time of
making the reports required by this section, shall compute and
pay into the State Treasury, through the Department of Revenue,
the tax, if any, then due the Commonwealth.
If the insurer has transacted such marine insurance for three
years, it shall (1) ascertain the average annual underwriting
profit as defined by this section, derived from its aforesaid
marine insurance business written within the United States
during the last preceding three calendar years; (2) ascertain
the proportion which the average annual premiums of the insurer
from such marine insurance, written by it in this Commonwealth
during the last preceding three calendar years, bears to the
average total marine premiums of the insurer during the same
three years; (3) compute an amount of five per centum on this
proportion of the aforementioned average annual underwriting
profit from such marine insurance; and (4) charge the amount of
tax thus computed as a tax upon the marine insurance written by
it in this Commonwealth during the current calendar year. The
insurer shall, each year, compute the tax, according to the
method described in this section, upon its average annual
underwriting profit from such marine insurance during the
preceding three years, including the current calendar year,
namely, at the expiration of each current calendar year; the
profit or loss on the marine insurance business of that year is
to be added or deducted and the profit or loss upon such marine
insurance business of the first calendar year of the preceding
three-year period is to be dropped, so that the computation of
underwriting profit, for purposes of taxation under this act
will always be on a three-year average: Provided, however, That
an insurer which has not been writing marine insurance in this
Commonwealth for the three years shall, until it has transacted
such business in this Commonwealth for that number of years, be
taxed on the basis of its annual underwriting profit on marine
insurance written within the United States for the current
calendar year, subject however to an adjustment in the tax as
soon as in accordance with the provisions of this section, it is
enabled to compute the tax on the aforementioned three-year
basis: And provided further, That in the case of mutual
companies there shall not be included in underwriting profit,
when computing the tax prescribed by this section, the amounts
refunded by such companies on account of premiums previously
paid by its policyholders.
In making assessments under the retaliatory provisions of
section two hundred and twelve of the act, approved the
seventeenth day of May, one thousand nine hundred and twenty-one
(Pamphlet Laws, seven hundred eighty-nine), known as "The
Insurance Department Act of one thousand nine hundred and
twenty-one," credit shall be allowed for any taxes paid or
payable under this section.
(3 amended Apr. 20, 1949, P.L.629, No.138)
Section 4. The tax imposed by this act shall be collected in
lieu of the tax heretofore imposed upon the gross premiums of
such marine insurance.
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