Title 33, Chapter 8, Section 8.1
( 33-8-8.1)
(a) As used in this Code section, the term "life insurance company" means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1). (b) Life insurance companies are subject to county and municipal
corporation taxes levied as follows: (1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the unincorporated area of the counties pursuant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code Section 33-8-5, for the reduction to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity considerations; and (2) Municipal corporations whose ordinances have been filed with the Commissioner are authorized to impose a tax on each life insurance company doing business within the state, which tax shall be based solely upon the gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the corporate limits of the municipal corporation pursuant to the provisions of this Code section; provided, however, that the rate of the tax may not exceed 1 percent of the premiums. The tax imposed shall not apply to annuity considerations. (c)(1) On March 1, 1984, and on that date in each subsequent year,
each life insurance company shall file a certified return on a
form prescribed by the Commissioner showing gross direct premiums
received during the preceding calendar year that will appear in
the company's certified annual statement. (2) Reserved. (3) On or before August 1, 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to subsection (b) of this Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes. (d) Taxes imposed by subsection (b) of this Code section shall be
allocated and distributed to counties and municipal corporations as
follows: (1) A portion of the total amount of life insurance premiums
taxable by the state, exclusive of premiums collected by companies
which qualify for the reduction to one-half of 1 percent of the
state tax, shall be allocated to counties based upon the ratio
that the total population of all unincorporated areas in the state
bears to the total population in the state. The amount of the tax
base so allocated to counties shall be taxed at the rate levied
for county purposes. The tax shall be distributed to each county
governing authority by the Commissioner based upon a fraction, the
numerator of which is the population of the unincorporated area of
that county and the denominator of which is the population of all
unincorporated areas of the state; and (2) A portion of the total amount of life insurance premiums
taxable by the state shall be allocated to all municipal
corporations based upon the ratio that the total population of all
municipal corporations bears to the total state population. The
amount of the tax base so allocated to municipalities shall be
distributed to each municipal corporation based upon the fraction,
the numerator of which is the population of that municipal
corporation and the denominator of which is the population of all
municipal corporations in the state. The amount of the tax base
so distributed to each municipality shall be taxed at the rate
levied by that municipality; and taxes levied by each municipal
corporation shall be distributed based upon the tax rate levied by
each such municipal corporation. (e) On or before January 1 of the first year that the tax is levied,
each municipal corporation levying the tax shall file with the
Commissioner a certified copy of the pertinent parts of all
ordinances and amendments thereto which impose the tax, and such
filing shall be a condition to the validity and enforceability of
such an ordinance. On or before February 1 of each year the
Commissioner shall furnish a list of all municipal corporations
levying the tax for that year to each life insurance company in the
state. (f) Life insurance companies may deduct from premium taxes otherwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the taxes imposed pursuant to subsection (b) of this Code section and paid to the Commissioner on behalf of any county and municipal corporation during the preceding calendar year. (g) On or before October 15, 1988, and on the same date in each
subsequent year, the Commissioner shall distribute the taxes imposed
by counties and municipal corporations which are actually remitted
to and collected by the Commissioner. On or before October 15,
1988, and on the same date in each subsequent year, the Commissioner
shall distribute any delinquent taxes actually collected by the
Commissioner for a previous year, exclusive of any interest or
penalty on such delinquent taxes, which delinquent taxes have not
previously been distributed. (h) Amounts collected by the Commissioner under or due under former Code Section 33-8-8.1 shall be collected and disbursed as provided in former Code Section 33-8-8.1. (i) For purposes of this Code section, population shall be measured
by the United States decennial census of 1990 or any future such
census plus any corrections or revisions contained in official
statements by the United States Bureau of the Census made prior to
the first day of September immediately preceding the distribution of
the proceeds of such taxes by the Commissioner and any additional
official census data received by the Commissioner from the United
States Bureau of the Census or its successor agency pertaining to
any newly incorporated municipality. Such corrections, revisions,
or additional data shall be certified to the Commissioner by the
Office of Planning and Budget on or before August 31 of each year. |