* § 9111. Temporary franchise tax on certain insurance companies. 1.\nImposition. (a) For the privilege of conducting business in this state\nand in addition to any other requirements therefore, every insurance\ncompany subject to the franchise tax imposed by subdivision (a) of\nsection fifteen hundred ten of the tax law, other than insurance\ncompanies whose premiums are received solely as consideration for\naccident and health insurance policies, shall pay a franchise tax of\nnine-tenths of one percent of all gross direct premiums, less return\npremiums thereon, written during calendar year nineteen hundred\nninety-two on risks located or residing in this state.\n (b) Determination of direct premiums--general provisions. (1) The term\n"premium" includes all amounts received as consideration for insurance\ncontracts or reinsurance contracts, other than for annuity contracts,\nand shall include premium deposits, assessments, policy fees, membership\nfees, and every other compensation for such contract. In ascertaining\nthe amount of direct premiums upon which a tax is payable under this\nsection there shall be first determined the amount of total gross\npremiums or deposit premiums or assessments, less return thereon, on all\npolicies, certificates, renewals, policies subsequently cancelled,\ninsurance and reinsurance executed, issued or delivered on property or\nrisks located or resident in this state, including premiums for\nreinsurance assumed, and also including premiums written, procured or\nreceived in this state on business which cannot specifically be\nallocated or apportioned and reported as taxable premiums or which have\nbeen used as a measure of a tax on business of any other state or\nstates. Provided however, in the case of special risk premiums, direct\npremiums shall include only those premiums written, procured or received\nin this state on property or risks located or resident in this state.\nThe reporting of premiums for the purpose of the tax imposed by this\nsection shall be on a written basis or on a paid-for basis consistent\nwith the basis required by the annual statement filed with the\nsuperintendent of financial services pursuant to section three hundred\nseven of this chapter.\n (2) The term "gross direct premiums," as used in this section, shall\nnot include premiums for policies issued pursuant to section four\nthousand two hundred thirty-six of this chapter and premiums for\ninsurance upon hulls, freights, or disbursements, or upon goods, wares,\nmerchandise and all other personal property and interests therein, in\nthe course of exportation from, importation into any county, or\ntransportation coastwide, including transportation by land or water from\npoint of origin to final destination in respect to, appertaining to, or\nin connection with, any and all risks or perils of navigation, transit\nor transportation, and while being prepared for, and while awaiting\nshipment and during any delays, storage, transshipment or reshipment\nincident thereto, including war risks and marine builder's risks.\n (3) After determining the amount of total gross premiums, less returns\nthereon, as hereinbefore provided, there shall be deducted the following\nitems:\n (A) Such premiums, less return premiums thereon, which have been\nreceived by way of reinsurance from corporations or other insurers\nauthorized to transact business in this state;\n (B) Dividends on such direct business, including unused or unabsorbed\nportions of premium deposits paid or credited to policyholders, but not\nincluding deferred dividends paid in cash to policyholders on maturing\npolicies, nor cash surrender values.\n (4) In determining the amount of direct premiums taxable in this\nstate, all such premiums written, procured or received in this state\nshall be deemed written on property or risks located or resident in this\nstate except such premiums as are properly allocated or apportioned and\nreported as taxable premiums or wh
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