Section 406-B:17 Independently Procured Insurance.
I. Every insured who procures or causes to be procured or continues or renews insurance with any unlicensed insurer, or any insured or self-insurer who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, other than insurance procured through a surplus lines agent pursuant to the surplus lines law of this state shall within 60 days after the date such insurance was so procured, continued, or renewed, file a report of the same with the commissioner in writing and upon forms designated by the commissioner and furnished to such an insured upon request. The report shall show the name and address of the insured or insureds, name and address of the insurer, the subject of the insurance, a general description of the coverage, the amount of premium correctly charged therefor, and such additional pertinent information as is reasonably requested by the commissioner.
II. Any insurance in an unlicensed insurer of a subject of insurance resident, located or to be performed within this state procured through negotiations or an application, in whole or in part occurring or made within or from within or outside of this state, shall be deemed to be insurance procured, or continued or renewed in this state within the intent of paragraph I.
III. There is hereby levied upon the obligation, chose in action, or right represented by the premium charged for such insurance, a premium receipts tax of 4 percent of gross premiums charged for such insurance other than marine insurance and a premium receipts tax of 2 percent of gross premiums charged for such marine insurance. The term ""premium'' shall include all premiums, membership fees, assessments, dues, and any other consideration for insurance. Such tax shall be in lieu of all taxes and fire department dues. The insured shall, before March 1 next succeeding the calendar year in which the insurance was so procured, continued, or renewed, pay the amount of the tax to the commissioner. In the event of cancellation and rewriting of any such insurance contract, the additional premium for premium receipts tax purposes shall be the premium in excess of the unearned premium of the canceled insurance contract.
IV. If a policy covers risks or exposures only partially in this state, the tax payable shall be computed on the portions of the premium which are properly allocable to the risks or exposures located in this state. In determining the amount of premiums taxable in this state, all premiums written, procured, or received in this state and all premiums on policies negotiated in this state shall be deemed written on property or risks located or resident in this state, except such premiums as are properly allocated or apportioned and reported as taxable premiums of any other state or states.
V. If the insured fails to withhold from the premiums the amount of tax herein levied, the insured shall be liable for the amount thereof and shall pay the same to the commissioner within the time stated in paragraph III. If the tax prescribed by this section is not paid within the time stated in paragraph III, the tax shall be increased by a penalty of 25 percent and by the amount of an additional penalty computed at the rate of one percent per month or any part thereof from the date such payment was due to the date paid.
VI. The attorney general, upon request of the commissioner, shall proceed in the courts of this or any other state or in any federal court or agency to recover such tax not paid within the time prescribed in this section.
VII. This section shall not be construed or deemed to abrogate or modify any provision of this chapter. This section does not apply to individual life or individual disability insurance.
VIII. Each insured filing under this section shall be subject to the provisions of RSA 400-A:32-a, I-III.
Source. 2002, 207:40, eff. July 15, 2002. 2008, 154:4, eff. June 6, 2008.