Add Notes
ENTITLED, An Act to
revise certain provisions regarding principal and home office credits against
the insurance premium tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
10-44-4
be amended to read as follows:
10-44-4.
Any insurer subject to payment of tax provided for in
§
10-44-2, and which has in this
state its principal office, or a regional home office as defined in
§
10-44-5, for over one-half the tax
year is entitled to the following credits and deductions against such tax:
(1)
An amount equal to fifty percent of the tax as determined under
§
10-44-2; and
(2)
An amount equal to ad valorem taxes or payments made in lieu of taxes paid by such
insurer, whether direct or in the form of rent, on that proportion of the premises occupied
as a principal or regional home office during the year next preceding the filing of its
annual tax return.
However, in no event shall such credits and deductions reduce the amount of tax to less than
thirty percent of the amount of the tax otherwise payable without the application of the credit
provided by this section. Any insurer who qualifies for a credit pursuant to this section shall meet
the requirements provided for in
§
58-5-93.
Section
2.
That
§
10-44-5
be amended to read as follows:
10-44-5.
A regional home office, for the purposes of
§
10-44-4, means an office performing, for
an area covering one or more states, the following functions: the marketing, claims, underwriting,
and policyholder servicing. A regional home office may also perform the following functions:
actuarial; medical (where required); law; advertising and publications; public relations; and
supervision and training of sales and service forces. A principal office shall perform the same
functions in addition to decision making and corporate activities. The director may promulgate rules
pursuant to chapter 1-26 to define the functions that qualify for the regional home office credit.
An Act to revise certain provisions regarding principal and home office credits against the insurance
premium tax.
=========================
I certify that the attached
Act
originated in the
SENATE as
Bill
No.
39
____________________________
Secretary of the Senate
=========================
____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate
Bill
No.
39
File No. ____
Chapter No. ______
|
|
=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
|