Article 5 - Prepayments

California Revenue and Taxation Code — §§ 12251-12260

Sections (9)

Amended (as added by Stats. 2013, Ch. 33, Sec. 13) by Stats. 2014, Ch. 362, Sec. 7. (AB 2734) Effective January 1, 2015.

(a)Each calendar year, insurers transacting insurance in this state and whose annual tax for the preceding calendar year was twenty thousand dollars ($20,000) or more shall make prepayments of the annual tax for the current calendar year imposed by Section 28 of Article XIII of the California Constitution and this part, provided that prepayments shall not be made with respect to the tax on ocean

marine insurance underwriting profit or any retaliatory tax.

(b)This section shall become operative on July 1, 2013.

§ 12253

Repealed (in Sec. 15) and added by Stats. 2013, Ch. 33, Sec. 16. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.

(a)Each insurer required to make prepayments shall remit them on or before each of the dates of April 1, June 1, September 1, and December 1 of the current calendar year. Remittances for prepayments shall be made payable to the Controller and shall be delivered to the office of the commissioner, accompanied by a prepayment form prescribed by the commissioner.

(b)This section shall become operative on July 1, 2013.

§ 12254

Amended by Stats. 2016, Ch. 320, Sec. 1. (AB 1625) Effective September 13, 2016.

(a)The amount of each prepayment shall be 25 percent of the amount of the annual insurance tax liability reported on the return of the insurer for the preceding calendar year.

(b)In establishing the prepayment amount of an insurer that has acquired the business of another insurer, the amount of tax liability of the acquiring insurer

reported for the preceding calendar year shall be deemed to include the amount of tax liability of the acquired insurer reported for that year.

(c)Notwithstanding subdivision (a), for a health insurer subject to Section 12202.2 both of the following shall apply:

(1)On or after July 1, 2016, and on or before June 30, 2019, a prepayment shall not be required.

(2)The amount of each prepayment due after June 30, 2019, shall be 25 percent of the amount of what the annual insurance tax liability reported on the return of the insurer for the preceding calendar year would have been if Section 12202.2 had never been operative.

(d)This section shall become operative on July 1, 2013.

§ 12255

Amended by Stats. 1982, Ch. 327, Sec. 165. Effective June 30, 1982.

The commissioner, for good cause shown, may extend for not to exceed 10 days the time for making a prepayment. The extension may be granted at any time, provided that a request therefor is filed with the commissioner within or prior to the period for which the extension may be granted. Interest at the rate prescribed by Section 12631 shall be paid for the period of time for which the extension is granted.

§ 12256

Amended by Stats. 1974, Ch. 311.

All amounts paid under this article, other than penalties and interest, shall be allowed as a credit on the annual tax imposed by Section 28 of Article XIII of the California Constitution and this part.

§ 12257

Repealed (in Sec. 21) and added by Stats. 2013, Ch. 33, Sec. 22. (SB 78) Effective June 27, 2013. Section operative July 1, 2013, by its own provisions.

(a)If the total amount of prepayments for any calendar year exceeds the amount of annual tax for that year, the excess shall be treated as an overpayment of annual tax and, at the election of the insurer, may be credited against the amounts due and payable for the first prepayment of the following year. Any amount of the overpayment not so credited shall be allowed as a credit or refund under Article 2

(commencing with Section 12977) of Chapter 7 of this part.

(b)This section shall become operative on July 1, 2013.

§ 12258

Amended by Stats. 2017, Ch. 561, Sec. 229. (AB 1516) Effective January 1, 2018.

(a)Any insurer that fails to pay any prepayment within the time required shall pay a penalty of 10 percent of the amount of the required prepayment, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the due date of the prepayment until the date of payment but not for any period after the due date of the annual tax. Assessments of prepayment

deficiencies may be made in the manner provided by deficiency assessments of the annual tax.

(b)Notwithstanding any other law, if a Medi-Cal managed care plan, as defined in subdivision (a) of Section 12009, receives additional amounts includable in its total operating revenue, as defined in Section 12241, for the service periods from January 1, 2009, to June 30, 2013, inclusive, those amounts shall continue to be subject to the tax imposed by Section 12201, as added by Section 4 of Chapter 33 of the Statutes of 2013, as added by Section 5 of Chapter 157 of the Statutes of 2009, as added by Section 31 of Chapter 717 of the Statutes of 2010, and as added by Section 2 of Chapter 11 of the First Extraordinary Session of the Statutes of 2011, and 100 percent of the tax continues to be due and shall be submitted to the Department of Insurance no later than 30 days after receipt of those amounts.

(c)This section does not apply to an insurer subject to paragraph (1) of subdivision (c) of Section 12254.

§ 12259

Repealed and added by Stats. 1969, Ch. 736.

The provisions of this article apply to the State Compensation Insurance Fund as well as to private insurers.

§ 12260

Amended (as added by Stats. 2013, Ch. 33, Sec. 28) by Stats. 2014, Ch. 362, Sec. 8. (AB 2734) Effective January 1, 2015.

(a)Notwithstanding any other provision of this article, the commissioner may relieve an insurer of its obligation to make prepayments if the insurer establishes to the satisfaction of the commissioner that either the insurer has ceased to transact insurance in this state, or the insurer’s annual tax for the current year will be less than twenty thousand dollars ($20,000).

(b)This section shall become operative on July 1, 2013.