Instructions For Filing The 2016 Form 802 The Virginia Surplus Lines Broker'S Annual Reconciliation Tax Report

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INSTRUCTIONS FOR FILING THE 2016 FORM 802
THE VIRGINIA SURPLUS LINES BROKER’S ANNUAL RECONCILIATION TAX REPORT
GENERAL INFORMATION
March 1 following the close of the taxable year, even if
no Insurance Premiums License Tax is owed.
Every licensed surplus lines broker or any person who
is required to be licensed as a surplus lines broker
Where to File and Pay: You can file and pay online with
is required to pay the Insurance Premiums License
eForms at For paper filing, file
the report with the Virginia Department of Taxation,
Tax on each policy of insurance procured during
the preceding calendar year with an insurer that is
PO Box 26179, Richmond, VA 23260-6179. If a tax
not licensed to transact business in Virginia. Such
is owed, the paper report must be accompanied by
payments shall be made based on the direct gross
a check or money order for the amount due made
premium income derived from policies for insureds
payable to the Virginia Department of Taxation.
whose home state is the Commonwealth of Virginia.
When to File and Pay: Your Virginia Surplus Lines
For purposes of determining whether direct gross
Broker’s Annual Reconciliation Tax Report must be
premium income is derived from such policies,
postmarked no later than March 1, 2017. Payments
“home state” means (i) the state in which an insured
are considered timely filed if they are filed electronically
maintains its principal place of business or, in the case
or postmarked on or before midnight of the due date.
of an individual, the individual’s principal residence or
If the due date falls on a Saturday, Sunday or legal
(ii) if 100% of the insured risk is located out of the state
holiday, the report must be postmarked on or before
referred to in clause (i) of this definition, the state to
the next business day. Payments returned by the bank
which the greatest percentage of the insured’s taxable
will be subject to a returned payment fee of $35 in
premium for that insurance contract is allocated.
addition to any other penalties that may be incurred.
When more than one insured from an affiliated group
For more information, call the Office of Insurance Tax
is named an insured on a single insurance contract,
at (804) 404-4163.
“home state” means the state of the member of the
Amended Returns: If it becomes necessary to amend
affiliated group that has the largest percentage of
a previously filed Virginia report, prepare a new Form
premium attributed to it under such insurance contract.
802 with the corrected figures. Check the “Amended
The Department of Taxation’s website,
Return” box at the top of Form 802. File the amended
virginia.gov, contains information that is available to
report within three years from the due date of the
help you with your tax filing responsibilities.
original report. See Va. Code § 58.1-1823.
eForms: File and pay your tax online for free. Simply
Quarterly Tax Reports: A surplus lines broker
complete the online version of the quarterly report or
must file quarterly tax reports using Form 801 if its
annual reconciliation tax report by entering the tax
annual Insurance Premiums License Tax liability can
information as you would if you were completing the
reasonably be expected to exceed $1,500 and, during
paper form.
the quarter, it derived direct gross premium income
from policies for insureds whose home state is the
e-Alerts: With the Department’s free e-Alerts service,
Commonwealth of Virginia. Refer to the Form 801
you will periodically receive electronic newsletters
instructions for more information.
about legislative changes, filing reminders, and other
relevant information on topics that you select. Sign up
Penalties and Interest: The Virginia Surplus Lines
today on the Department’s website.
Broker’s Annual Reconciliation Tax Report is subject
to a late filing fine of $50 per day for each day the
PDF Forms: Virginia tax forms are available to print or
report is not submitted. All payments made after the
download on the Department’s website.
due date are also subject to a 10% late payment
Other Inquiries: Call (804) 404-4163 or write Virginia
penalty that shall be added to the amount of the unpaid
Department of Taxation, PO Box 715, Richmond,
tax liability. Virginia law requires the Department to
VA 23218-0715. Do not mail returns to this address.
assess interest on any unpaid balance of unpaid tax,
from the payment due date through the date the tax is
Filing Requirement: The Virginia Surplus Lines
paid. Interest charges apply to late payments as well
Broker’s Annual Reconciliation Tax Report, Form 802,
must be filed by every surplus lines broker or person
as additional balances due or assessed as the result
required to be licensed as a surplus lines broker by
of audit adjustments. Va. Code § 58.1-15 sets the
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