---
kind: "section"
citation: "15 U.S.C. § 8201"
title: "15"
title_heading: "Commerce and Trade"
number: "8201"
heading: "Reporting, payment, and allocation of premium taxes"
release: "119-102"
url: "https://uscodex.org/usc/15/8201"
units:
  - "Chapter 108 — State-Based Insurance Reform"
  - "Subchapter I — Nonadmitted Insurance"
---

# §8201. Reporting, payment, and allocation of premium taxes

- (a) **Home State’s exclusive authority—** No [State](/usc/15/8206.md?p=16) other than the [home State](/usc/15/8206.md?p=6-A) of an insured may require any [premium tax](/usc/15/8206.md?p=12) payment for [nonadmitted insurance](/usc/15/8206.md?p=9).
- (b) **Allocation of nonadmitted premium taxes—**
  - (1) **In general—** The [States](/usc/15/8206.md?p=16) may enter into a compact or otherwise establish procedures to allocate among the [States](/usc/15/8206.md?p=16) the [premium taxes](/usc/15/8206.md?p=12) paid to an insured’s [home State](/usc/15/8206.md?p=6-A) described in [subsection (a)](#a).
  - (2) **Effective date—** Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures—
    - (A) if adopted on or before the expiration of the 330-day period that begins on July 21, 2010, shall apply to any [premium taxes](/usc/15/8206.md?p=12) that, on or after July 21, 2010, are required to be paid to any [State](/usc/15/8206.md?p=16) that is subject to such compact or procedures; and
    - (B) if adopted after the expiration of such 330-day period, shall apply to any [premium taxes](/usc/15/8206.md?p=12) that, on or after January 1 of the first calendar year that begins after the expiration of such 330-day period, are required to be paid to any [State](/usc/15/8206.md?p=16) that is subject to such compact or procedures.
  - (3) **Report—** Upon the expiration of the 330-day period referred to in [paragraph (2)](#b-2), the [NAIC](/usc/15/8206.md?p=8) may submit a report to the [Committee](/usc/15/2921.md?p=1) on Financial Services and the [Committee](/usc/15/2921.md?p=1) on the Judiciary of the House of Representatives and the [Committee](/usc/15/2921.md?p=1) on Banking, Housing, and Urban Affairs of the Senate identifying and describing any compact or other procedures for allocation among the [States](/usc/15/8206.md?p=16) of [premium taxes](/usc/15/8206.md?p=12) that have been adopted during such period by any [States](/usc/15/8206.md?p=16).
  - (4) **Nationwide system—** The Congress intends that each [State](/usc/15/8206.md?p=16) adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, collection, and allocation of [premium taxes](/usc/15/8206.md?p=12) for [nonadmitted insurance](/usc/15/8206.md?p=9) consistent with this section.
- (c) **Allocation based on tax allocation report—** To facilitate the payment of [premium taxes](/usc/15/8206.md?p=12) among the [States](/usc/15/8206.md?p=16), an insured’s [home State](/usc/15/8206.md?p=6-A) may require [surplus lines brokers](/usc/15/8206.md?p=15) and insureds who have [independently procured insurance](/usc/15/8206.md?p=7) to annually file tax allocation reports with the insured’s [home State](/usc/15/8206.md?p=6-A) detailing the portion of the [nonadmitted insurance](/usc/15/8206.md?p=9) policy premium or premiums attributable to properties, risks, or exposures located in each [State](/usc/15/8206.md?p=16). The filing of a [nonadmitted insurance](/usc/15/8206.md?p=9) tax allocation report and the payment of tax may be made by a [person](/usc/15/78m.md?p=h-8-E) authorized by the insured to act as its agent.

## Source credit

(Pub. L. 111–203, title V, § 521, July 21, 2010, 124 Stat. 1589.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 111–203, title V, § 512, July 21, 2010, 124 Stat. 1589, provided that: “Except as otherwise specifically provided in this subtitle [see Short Title note below], this subtitle shall take effect upon the expiration of the 12-month period beginning on the date of the enactment of this subtitle [July 21, 2010].”

### Short Title

Pub. L. 111–203, title V, § 511, July 21, 2010, 124 Stat. 1589, provided that: “This subtitle [subtitle B (§§ 511–542) of title V of Pub. L. 111–203, enacting this chapter and provisions set out as a note under this section] may be cited as the ‘Nonadmitted and Reinsurance Reform Act of 2010’.”