<?xml version='1.0' encoding='utf-8'?>
<section article="gin" article_name="Insurance" number="6-102" title_number="6" title_name="Taxes and Fees" subtitle_number="1" subtitle_name="Taxes">
  <level label="a">
    <text>A tax is imposed on all new and renewal gross direct premiums of each person subject to taxation under this subtitle that are:</text>
    <level label="1">
      <text>allocable to the State; and</text>
    </level>
    <level label="2">
      <text>written during the preceding calendar year.</text>
    </level>
  </level>
  <level label="b">
    <text>Premiums to be taxed include:</text>
    <level label="1">
      <text>the consideration for a surety contract, guaranty contract, or annuity contract;</text>
    </level>
    <level label="2">
      <text>gross receipts received as a result of capitation payments, supplemental payments, and bonus payments, made to a managed care organization for provider services to an individual who is enrolled in a managed care organization;</text>
    </level>
    <level label="3">
      <text>subscription charges or other amounts paid to a for–profit health maintenance organization on a predetermined periodic rate basis by a person other than a person subject to the tax under this subtitle as compensation for providing health care services to members;</text>
    </level>
    <level label="4">
      <text>dividends on life insurance policies that have been applied to buy additional insurance or to shorten the period during which a premium is payable;</text>
    </level>
    <level label="5">
      <text>the part of the gross receipts of a title insurer that is derived from insurance business or guaranty business; and</text>
    </level>
    <level label="6">
      <text>the amount allocable to travel insurance, excluding any amount received for travel assistance services or cancellation fee waivers, sold to:</text>
      <level label="i">
        <text>an individual primary policyholder who is a resident of the State;</text>
      </level>
      <level label="ii">
        <text>a primary certificate holder who:</text>
        <level label="1">
          <text>is a resident of the State; and</text>
        </level>
        <level label="2">
          <text>elects coverage under a group travel insurance policy;  or</text>
        </level>
      </level>
      <level label="iii">
        <text>a blanket travel insurance policyholder that:</text>
        <level label="1">
          <text>is a resident of the State or has its principal place of business or the principal place of an affiliate or subsidiary in the State; and</text>
        </level>
        <level label="2">
          <text>has purchased blanket travel insurance in the State for eligible blanket group members, subject to any apportionment rules that:</text>
        </level>
        <level label="A">
          <text>apply to the insurer across multiple taxing jurisdictions; or</text>
        </level>
        <level label="B">
          <text>allow the insurer to allocate premiums on an apportioned basis in a reasonable and equitable manner in those jurisdictions.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="c">
    <text>Premiums not to be taxed include:</text>
    <level label="1">
      <text>premiums on policies covering weekly disability benefits on which premiums are payable weekly; or</text>
    </level>
    <level label="2">
      <text>credits allowed on premiums under policies of industrial insurance because of payment being made to the home office or a branch office of the insurer.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Gross direct premiums or parts of gross direct premiums that are derived from or reasonably attributable to insurance business in the State shall be allocated to the State.</text>
    </level>
    <level label="2">
      <text>By regulation, the Commissioner may require or allow a method of allocating gross direct premiums written by a person subject to taxation under this subtitle that justly and fairly determines the part of the gross direct premiums that is derived from or reasonably attributable to the person’s insurance business in the State.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Funds accepted by a life insurer under a group contract that provides for an accumulation of funds to buy annuities at future dates may be considered as “gross premiums written”:</text>
      <level label="i">
        <text>on receipt of the funds; or</text>
      </level>
      <level label="ii">
        <text>on the actual application of the funds to buy annuities.</text>
      </level>
    </level>
    <level label="2">
      <text>Any funds taxed on receipt and any interest later credited to those funds are not subject to taxation on the purchase of annuities.</text>
    </level>
    <level label="3">
      <text>Any interest credited to funds that are not taxed on receipt also shall be included in “gross premiums written”.</text>
    </level>
    <level label="4">
      <text>Each life insurer shall elect between alternatives in paragraph (1) of this subsection.</text>
    </level>
    <level label="5">
      <text>A life insurer may not change an election between alternatives in paragraph (1) of this subsection without the consent of the Commissioner.</text>
    </level>
    <level label="6">
      <text>If funds that have been taxed as gross premiums are withdrawn before actually applied to buy annuities, the funds are eligible to be included as returned premiums if otherwise eligible under § 6–104(a)(1) of this subtitle.</text>
    </level>
  </level>
  <level label="f">
    <text>For purposes of determining the premiums subject to taxation under subsection (b)(6) of this section, a travel insurer shall document the state of residence, which shall be:</text>
    <level label="1">
      <text>for individual policies, the primary policyholder’s state, as specified by the primary policyholder during the purchase of the policy;</text>
    </level>
    <level label="2">
      <text>for group policies, the primary certificate holder’s state, as specified during the purchase of the coverage; or</text>
    </level>
    <level label="3">
      <text>for blanket policies, the state of the principal place of business of the primary blanket policyholder, affiliate, or subsidiary, as specified during the purchase of the policy.</text>
    </level>
  </level>
</section>
