§ 9111-b. Temporary franchise tax on certain insurance companies. (a)\nImposition. (1) For the privilege of conducting business in this state\nand in addition to any other requirements therefor, 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 one\npercent of all gross direct premiums, less return premiums thereon,\nwritten during the "event year", as such term is defined in the\nfollowing sentence, on risks located or residing in this state. For the\npurposes of this section, "event year" shall mean (A) the calendar year\npreceding the February fifth on which the superintendent fails to\nprovide a certification to the state commissioner of taxation and\nfinance that the return of premium amounts to the hospital excess\nliability pool that has been authorized by subsection (a) of section\nfive thousand five hundred seventeen-a of this chapter has been made or\n(B) the calendar year preceding the year in which a final judicial\ndetermination invalidating some or all of the provisions of such section\nfive thousand five hundred seventeen-a requires a return from the\nhospital excess liability pool of any or all of the premium amounts\nreturned to such pool pursuant to such section five thousand five\nhundred seventeen-a or (C) calendar year nineteen hundred ninety-nine if\nthe superintendent directs and the association fails to make the\ntransfer and deposit to the hospital excess liability pool pursuant to\nsubsection (d) of section five thousand five hundred nine of this\nchapter or (D) the calendar year preceding the year in which a final\njudicial determination invalidating some or all of the provisions of\nsuch section five thousand five hundred nine requires a return from the\nhospital excess liability pool of any or all of the amounts transferred\nand deposited to such pool pursuant to subsection (d) of section five\nthousand five hundred nine.\n (2) Determination of direct premiums-general provisions. (A) 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 (B) 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 per
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