1. If the insured's home state is this state, every surplus lines producer shall pay to the commissioner a sum equal to one and three-fourths percent of the gross premiums charged, assessments, membership fees, subscriber fees, policy fees, and service fees, less any return premiums, for surplus lines insurance provided by the surplus lines producer. 2. The tax on any portion of the premium unearned at termination of insurance having been credited or refunded by the state to the surplus lines producer must be returned to the policyholder directly by the surplus lines producer. The surplus lines producer is prohibited from rebating, for any reason, any part of the tax. 3. At the time of filing the annual tax statement as set forth in section 26.1 -44-06.1, each surplus lines producer shall pay the premium tax due for the policies written during the period covered by the annual tax statement.
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