RCW 48.14.095
Unlawful or delinquent insurers or
taxpayers -- Computing the tax payable -- Risks, exposures, or
enrolled participants only partially in state. (Effective until
July 1, 2009.)
(1) This section applies to any insurer or
taxpayer, as defined in RCW 48.14.0201, violating or failing to
comply with RCW 48.05.030(1), *48.17.060 (1) or (2),48.36A.290
(1), 48.44.015(1), or 48.46.027(1).
(2) Except as provided in subsection (7) of this section,
RCW 48.14.020, 48.14.0201, and 48.14.060 apply to insurers or
taxpayers identified in subsection (1) of this section.
(3) If an insurance contract, health care services contract,
or health maintenance agreement covers risks or exposures, or
enrolled participants only partially in this state, the tax
payable is computed on the portion of the premium that is
properly allocated to a risk or exposure located in this state,
or enrolled participants residing in this state.
(4) In determining the amount of taxable premiums under
subsection (3) of this section, all premiums, other than premiums
properly allocated or apportioned and reported as taxable
premiums of another state, that are written, procured, or
received in this state, or that are for a policy or contract
negotiated in this state, are considered to be written on risks
or property resident, situated, or to be performed in this state,
or for health care services to be provided to enrolled
participants residing in this state.
(5) Insurance on risks or property resident, situated, or to
be performed in this state, or health coverage for the provision
of health care services for residents of this state, is
considered to be insurance procured, continued, renewed, or
performed in this state, regardless of the location from which
the application is made, the negotiations are conducted, or the
premiums are remitted.
(6) Premiums on risks or exposures that are properly
allocated to federal waters or international waters or under the
jurisdiction of a foreign government are not taxable by this
state.
(7) This section does not apply to premiums on insurance
procured by a licensed surplus line broker under chapter 48.15 RCW.
[2003 c 341 § 3.]
NOTES:
*Reviser's note: RCW 48.17.060 was amended by 2007 c 117 § 2, deleting subsections (1) and (2), effective July 1, 2009.
RCW 48.14.095
Unlawful or delinquent insurers or
taxpayers -- Computing the tax payable -- Risks, exposures, or
enrolled participants only partially in state. (Effective July
1, 2009.)
(1) This section applies to any insurer or taxpayer,
as defined in RCW 48.14.0201, violating or failing to comply with
RCW 48.05.030(1), 48.17.060 , 48.36A.290(1), 48.44.015(1), or48.46.027
(1).
(2) Except as provided in subsection (7) of this section,
RCW 48.14.020, 48.14.0201, and 48.14.060 apply to insurers or
taxpayers identified in subsection (1) of this section.
(3) If an insurance contract, health care services contract,
or health maintenance agreement covers risks or exposures, or
enrolled participants only partially in this state, the tax
payable is computed on the portion of the premium that is
properly allocated to a risk or exposure located in this state,
or enrolled participants residing in this state.
(4) In determining the amount of taxable premiums under
subsection (3) of this section, all premiums, other than premiums
properly allocated or apportioned and reported as taxable
premiums of another state, that are written, procured, or
received in this state, or that are for a policy or contract
negotiated in this state, are considered to be written on risks
or property resident, situated, or to be performed in this state,
or for health care services to be provided to enrolled
participants residing in this state.
(5) Insurance on risks or property resident, situated, or to
be performed in this state, or health coverage for the provision
of health care services for residents of this state, is
considered to be insurance procured, continued, renewed, or
performed in this state, regardless of the location from which
the application is made, the negotiations are conducted, or the
premiums are remitted.
(6) Premiums on risks or exposures that are properly
allocated to federal waters or international waters or under the
jurisdiction of a foreign government are not taxable by this
state.
(7) This section does not apply to premiums on insurance
procured by a licensed surplus line broker under chapter 48.15 RCW.
[2008 c 217 § 8; 2003 c 341 § 3.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.