|
Tax
Rate: |
3%
includes policy fees |
|
Stamping Fee |
None |
|
Surcharges / Assessments |
1.8% Policies
Eff 4/1/2010 1.5% surcharge expired
3/31/2010 3
10%
Municipal Tax
Use Our
KY Tax Calculator
7/1/2011 - 12
7/1/2010 -11
7/1/2009-10
General Information
http://insurance.ky.gov/Static_Info.aspx?Static_ID=18&Div_id=15
*
Local Government Tax General Info
http://insurance.ky.gov/Home.aspx?Div_ID=13
*
Commonwealth Office of Technology Map:
http://kygeonet.ky.gov/tcm/index.html
(Location Search)
*
Beginning July 21, 2011, the municipal tax continues to
apply to single-state risks and multi-state risks where
Kentucky is the home state.
Any applicable local government
premium tax will be based on the portion of risk within
the local government boundaries.
Note on KY Municipal Tax and
Commissions - The tax required by KRS 91A.080 is
a tax on premium but is not considered a part of the
premium, with some exception. The term "premium" is
defined by KRS 304.14-030. That definition does not
include "taxes" as part of the premium. A link to the
statute is below.
From the KY DOI;
"With respect to the issue presented, the office would
not prohibit the payment of commissions with the tax
included as a part of the premium. However, KRS
304.14-030 would be sufficient to justify a company
excluding the tax amount from the "premium" for the
purpose of commission calculation".
http://www.lrc.state.ky.us/KRS/304-14/030.PDF
 |
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*
NRRA Allocation |
Single
State Risks Amended
Section 304.10-180 Single-state surplus lines premiums
on risks located solely in Kentucky would remain subject
to the following three taxes as under current statute:
the 3% state premiums tax, the 1.8% state premiums
surcharge, and the local premiums taxes. Multi
State Risks - KY Home State
Beginning July 21, 2011, the 3% surplus lines
tax and the 1.8% premium surcharge will be based on the
full premium rather than based on the portion of the
premium allocated to Kentucky risks. Any applicable
local government premium tax will be based on the
portion of risk within the local government boundaries.
Multi
State - KY Not Home State If
a clearinghouse is operational,
for multi-state risks, surplus lines brokers would pay a
single 11.8% Kentucky tax to a national clearinghouse in
accordance with the uniform rules and allocation formula
adopted as part of the compact.
Final Bill with
amendments
http://www.lrc.ky.gov/record/11rs/HB167.htm
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Filing Deadline: |
Pursuant to
KRS 304.10-050 and 806 KAR 10:050 surplus
lines brokers must report every premium-bearing surplus
lines transaction within 60 days of the transaction (90
days if placed with an alien insurer) by one of two
methods:
-
electronically, using DOI's
eServices site; or,
-
by submitting a paper
affidavit for Surplus Lines Transactions (Form S.L
1) and other supporting documentation.
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Affidavit: |
Yes within 60 days
Procedure http://insurance.ky.gov/Static_Info.aspx?Static_ID=18&Div_id=15
Form
http://insurance.ky.gov/Documents/SL_affidavit_w_lobrevwoutloc0608.pdf 
Inst http://insurance.ky.gov/Static_Info.aspx?Static_ID=18&Div_id=15
Effective on and after 7/1/2010,
affidavits must be filed electronically through the
Department's
website at:
https://insurance.ky.gov/eservices/default.aspx
or File Transfer Protocol (FTP upload)
through prior arrangement with the Department.
To File the affidavit on line, click on eServices. User name and password are required.
To obtain affidavit information and forms, go to:
http://insurance.ky.gov/Docs.aspx?Div_id=15#27
Scroll down to Surplus Lines Broker Documents.
Eff 7/21/2011 NRRA Exempt Commercial Purchaser is exempt from due diligence requirements
|
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Export List |
No
http://www.lrc.state.ky.us/KRS/304-10/040.PDF |
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Courtesy filings:
|
No |
|
Direct Procurement: |
No |
|
|
Late
Filing Fees: |
304.4-040
Revocation of authority for failure to pay
http://www.lrc.state.ky.us/KRS/304-04/040.PDF
|
|
Filing Requirements: |
Affidavit online or paper within 60 days. Quarterly
within 30 days
The Surplus Lines Broker Quarterly Report can be downloaded
from
http://insurance.ky.gov/Documents/slquarsta0608.pdf

Procedures for completing the Quarterly Report can be
downloaded from
http://insurance.ky.gov/Documents/SLBinfo072908.pdf

Surplus Lines Broker Quarterly Report, KY S.L.Q.R.
Form 2 is used to report and remit surplus lines taxes,
and are due on a quarter-in-arrears basis (KRS
304.10-180 and 806 KAR 10:030). Brokers must submit a report even when there are no transactions during the
reporting period. Quarterly tax reports may not be
submitted electronically.
*Local
Government Premium Tax - Annual Report due
by March 31st - Zero Report Required
An annual reporting of
this tax must be sent each year to the DOI by March 31,
concerning the tax paid in the preceding year.
This report must be filed electronically. There is a $5
filing fee. An advisory bulletin concerning this
topic can be found at:
http://insurance.ky.gov/Bulletin.aspx (Bulletin
09-03) Instructions
on how to file electronically can be found at:
http://insurance.ky.gov/Docs.aspx?Div_ID=13 (Annual
Reconciliation Electronic Submission)
Annual
Municipal Tax Reconciliation (LGT 140) Forms and
Instructions:
http://insurance.ky.gov/Docs.aspx?Div_ID=13
A
hard copy of the tax payment and all quarterly and
annual reports will need to be sent to the taxing entity
(city or county). |
|
Download Forms: |
Instructions
http://insurance.ky.gov/Docs.aspx?Div_id=15#37

Broker Quarterly Report
http://insurance.ky.gov/Documents/slquarsta0608.pdf

Premium and Surcharge
Forms:
http://revenue.ky.gov/forms/cuyrfrms.htm
*
Note:
There is a Monthly (74A118) and Annual Calendar Year
(74A118A due Jan 20th) report.
Annual Municipal
Tax Reconciliation (LGT 140) Forms and Instructions:
http://insurance.ky.gov/Docs.aspx?Div_ID=13
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Surplus Lines Association
|
Kentucky Surplus Lines Assn
c/o W.E. Kingsley Co.
PO Box 22700
Lexington, KY 40522 |
|
Department of Insurance website: |
http://insurance.ky.gov/ |
|
Surplus Lines Law: |
CHAPTER
304 Insurance Code
http://insurance.ky.gov/laws.aspx?Div_id=2 |
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Exemptions: |
Exemptions to Tax Liability
No
license fee or tax shall apply to premiums received on
the following policies:
Workers compensation insurance;
Federal flood insurance;
Municipal bonds, leases or other debt instruments
issued by or on behalf of the municipality;
Entities issued a certificate of authority to do
business in Kentucky as a captive insurer pursuant to
KRS 304.49-010;
No
county
may impose the tax authorized by KRS 91A.080 upon
premiums received on policies issued to public service
companies which pay ad valorem taxes. |
|
State
list of eligible surplus lines companies |
http://insurance.ky.gov/Company/Default.aspx?MenuID=47&Div_id=2
|
|
Policy Stamp/Surplus Lines wording: |
This insurance
has been placed with an insurer not licensed to transact
business in the Commonwealth of Kentucky but eligible as
a surplus lines insurer. The insurer is not a member of
the Kentucky Insurance Guaranty Association. Should the
insurer become insolvent, the protection and benefits of
the Kentucky Insurance Guaranty Association are not
available. |