Allocation of premium tax.

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(1) In determining the amount of tax payable to Colorado, the entire amount of tax payable at a rate of three percent on the net premiums is presumed to be owed to Colorado; except that, for those multistate risks involving states that have entered into either a compact or a tax-sharing agreement with Colorado to share the tax, the premium tax rate and the amounts allocated to the other states are subject to determination according to the terms of the compact or agreement.

(2) The commissioner may participate in tax-sharing agreements to collect and disburse funds in accordance with subsection (1) of this section, if the purposes of the tax-sharing agreement are limited to:

  1. Facilitating the payment and allocation of premium taxes on nonadmitted insurancefor multistate risks among states participating in the agreement;

  2. Adopting uniform requirements, forms, and procedures that facilitate the reporting,payment, collection, and allocation of premium taxes for nonadmitted insurance for multistate risks;

  3. Coordinating the reporting of premium taxes and transaction data of multistate risksamong the states participating in the agreement; and

  4. Establishing a mechanism to facilitate the receipt and distribution of premium taxesand transaction data related to nonadmitted insurance of multistate risks.

Source: L. 2012: Entire section added, (HB 12-1215), ch. 104, p. 353, § 5, effective August 8.


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