Senate Bill No. 496

(By Senators Love, Schoonover and Wagner)

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[Introduced February 19, 1996; referred to the Committee on Finance.]
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A BILL to amend and reenact sections fourteen, fourteen-a and fifteen, article three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to directing revenue collected from the remaining percentages of the insurance taxes.

Be it enacted by the Legislature of West Virginia:
That sections fourteen, fourteen-a and fifteen, article three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.

§33-3-14. Annual financial statement and premium tax return; remittance by insurer of premium tax, less certain deductions.

Every insurer transacting insurance in West Virginia shall file with the commissioner, on or before the first day of March, each year, a financial statement made under oath of its president or secretary and on a form prescribed by the commissioner. Such insurer shall also, on or before the first day of March of each year subject to the provisions of section fourteen-c of this article, under the oath of its president or secretary, make a premium tax return for the previous calendar year, on a form prescribed by the commissioner showing the gross amount of direct premiums (whether designated as a premium or by some other name) collected and received by it during the previous calendar year on policies covering risks resident, located or to be performed in this state and compute the amount of premium tax chargeable to it in accordance with the provisions of this article, deducting the amount of quarterly payments as required to be made pursuant to the provisions of section fourteen-c of this article, if any, less any adjustments to the gross amount of such direct premiums made during such calendar year, if any, and transmit with such return to the commissioner a remittance in full for the tax due. The tax shall be a sum equal to two percent of the gross direct premiums, including dividends (by whatever name called) on participating policies applied in reduction of premiums, less premiums returned to policyholders because of cancellation of policies, and shall also include any additional tax due under section fourteen-a of this section. All taxes received by the commissioner shall be paid by him into the state treasury for the benefit of the state fund: Provided, That four percent of this premium tax revenue shall be directed to the operations of the state fire commission in addition to revenue appropriated from general revenue and special revenue.
§33-3-14a. Additional premium tax.

For the purpose of providing additional revenue for the state general revenue fund, there is hereby levied and imposed, in addition to the taxes imposed by section fourteen of this article, an additional premium tax equal to one percent of such gross direct premiums, including dividends (by whatever name called) on participating policies applied in reduction of premiums, less premiums returned to policyholders because of cancellation of policy. Except as otherwise provided in this section, all provisions of this article relating to the levy, imposition and collection of the regular premium tax shall be applicable to the levy, imposition and collection of such additional tax.
All moneys received from the additional tax imposed by this section, less deductions allowed by this article for refunds and for costs of administration, shall be received by the commissioner and shall be paid by him into the state treasury for the benefit of the state fund: Provided, That four percent of this premium tax revenue shall be directed to the operations of the state fire commission in addition to revenue appropriated from general revenue and special revenue.
§33-3-15. Annuity tax.

Every life insurer transacting insurance in West Virginia shall make a return to the commissioner annually on a form prescribed by the commissioner, on or before the first day of March, under the oath of its president or secretary, of the gross amount of annuity considerations collected and received by it during the previous calendar year on business transacted in this state and stating the amount of tax due hereunder, together with payment in full for such tax due. Such tax shall be a sum equal to one per centum percent of the gross amount of such annuity considerations, less annuity considerations returned and less termination allowances on group annuity contracts. All such taxes received by the commissioner shall be paid by him into the state treasury for the benefit of the state fund: Provided, That four percent of this premium tax revenue shall be directed to the operations of the state fire commission in addition to revenue appropriated from general revenue and special revenue.




NOTE: The purpose of this bill is to direct revenue collected from the remaining percentages of the insurance taxes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.