California Form 570 - Nonadmitted Insurance Tax Return - 2013 Page 3
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4Instructions for Form 570
Nonadmitted Insurance Tax Return
References in these instructions are to the California Revenue and Taxation Code (R&TC) and the California Insurance Code.
What’s New
of the insured’s taxable premium for that
Agents or brokers with a valid power of attorney
insurance contract is allocated.
to file a return on behalf of the insured must enter
Do Not Round Cents to Dollars – On this form,
• Home state insured – or “home state insured
the requested information in the space below
do not round cents to the nearest whole dollar.
applicant” – a person whose home state is
line 15.
Enter the amounts with dollars and cents.
California and who has received a certificate
C Tax Rate
or evidence of coverage as set forth in Section
General Information
1764 of the Insurance Code or a policy as
The tax rate is three percent (.03). This rate is
issued by an eligible surplus line insurer, or a
applied to the gross premium paid or to be paid,
A user of this form may have to file up to four
person who is an applicant.
less premiums returned because of cancellation
Form 570 tax returns in one year if the user
• Multistate risk – means a risk covered by a
or reduction of premium on which a tax has been
purchases nonadmitted insurance contracts in
nonadmitted insurer with insured exposures in
paid. Do not include a stamping fee.
each calendar quarter.
more than one state.
Assembly Bill (AB) 315, effective July 21, 2011,
The total gross premium paid or to be paid for
D When and Where to File
conforms California law to the Nonadmitted and
all nonadmitted insurance placed in a single
Reinsurance Reform Act (NRRA) that is part of
File Form 570 on or before the first day of the
transaction with one underwriter or group of
the Dodd-Frank Wall Street Reform and Consumer
third month following the close of any calendar
underwriters, whether in one or more policies,
Protection Act of 2010, enacted by the federal
quarter during which a nonadmitted insurance
in that calendar quarter during which the taxable
government and authorizes the collection of tax
contract took effect or was renewed:
insurance contract or contracts took effect or were
on 100 percent of the premiums of California
renewed, is now the entire gross premium charged
Contract effective date
Return due date
home state insured policies. Thus, if a person is
on all nonadmitted insurance for the California
January - March
June 1
determined to be a California home state insured,
home state insured. Enter only premiums for
April - June
September 1
then all premiums related to all insurance policies
policies related to risks within the U.S.
July - September
December 1
obtained from a nonadmitted insurer are subject
October - December
March 1
Private Mail Box (PMB) – Include the PMB in
to tax, as long as the premiums are for policies
the address field. Write “PMB” first, then the box
Mail Form 570 and payment to:
related to risks within the United States. This
number. Example: 111 Main Street PMB 123.
is a change from when California only taxed
FRANCHISE TAX BOARD
Foreign Address – Enter the information in the
premiums related to California risk. The NRRA
PO BOX 942867
following order: City, Country, Province/Region,
only allows one state to tax a home state insured,
SACRAMENTO CA 94267-0651
and Postal Code. Follow the country’s practice for
so proration of premiums among the states for
entering the postal code. Do not abbreviate the
taxation no longer occurs.
E Amended Returns
country’s name.
For more information, go to ftb.ca.gov and
Use Form 570 to file an amended return. File an
search for nonadmitted insurance tax.
amended return to correct an error on the original
A Purpose
To receive nonadmitted insurance tax information
return or to claim a refund.
Use Form 570, Nonadmitted Insurance Tax
by email, go to ftb.ca.gov and search for
Check the “Amended” box at the top of the form.
Return, to determine the tax on premiums
subscription services.
Attach a copy of the original return behind the
paid or to be paid to nonadmitted insurers on
Definitions:
amended return and write “copy” in red across
contracts covering risks. Also, use Form 570 to
the face of the original return. When completing
• Home state – the state where the insured
file an amended return. See Section E, Amended
line 1 through line 15 of the amended return, use
maintains its principal place of business, or if
Returns, for more information.
the amounts that should have been reported on
individual, the individual’s principal residence;
the original return.
if 100% of the insured risk is located in a
B Who Must Pay Nonadmitted
state outside the insured’s principal place
Amended returns must be filed within four years
Insurance Tax
of business or principal residence, then it is
of the original due date or within one year from
where the greatest percent of the insured’s
the date of the overpayment, whichever period
The tax is imposed on a home state insured who
taxable premium for that insurance contract is
expires later.
independently purchases or renews an insurance
allocated.
contract during the calendar quarter from an
Attach copies of all contracts for changes to
• Principal place of business – the state
insurer, including wholly-owned subsidiaries,
correct an error on the original return or to claim
where the insured maintains its headquarters
not authorized to transact insurance business in
a refund.
and where the insured’s high-level officers
California.
Do not file an amended return to claim returned
direct, control, and coordinate the business
If you do not know if the insurer is authorized
premiums. See the Specific Line Instructions for
activities; or if the insured’s high-level officers
to conduct business in California, call the FTB
line 5.
direct, control, and coordinate the business
Nonadmitted Insurance Desk at 916.845.7448.
activities in more than one state, the state in
F Third Party Designee
The tax will not be imposed on any of the following:
which the greatest percentage of the insured’s
taxable premium for that insurance contract
• Insurance coverage for which a tax on the
If the entity wants to allow the FTB to discuss its
is allocated; or if the insured maintains its
gross premium is due or has been paid by
2013 return with the paid preparer who signed
headquarters or the insured’s high-level
surplus line brokers pursuant to Insurance
it, check the “Yes” box in the signature area of
officers direct, control, and coordinate the
Code Section 1775.5 (surplus lines tax).
the return. This authorization applies only to the
business activities outside the U.S., the
• Gross premiums on businesses governed by
individual whose signature appears in the “Paid
state to which the greatest percentage of the
provisions of Insurance Code Section 1760.5
Preparer’s Use Only” section of the return. It does
insured’s taxable premium for that insurance
(reinsurance of the liability of an admitted
not apply to the business, if any, shown in that
contract is allocated.
insurer and marine, aircraft, and interstate
section.
• Principal residence – the state where the
railroad insurance).
If the “Yes” box is checked, the entity is
insured resides for the greatest number of
• Insurance coverage for which a tax on the
authorizing the FTB to call the paid preparer
days during a calendar year; or if the insured’s
gross premium is due or has been paid by risk
to answer any questions that may arise during
principal residence is located outside the U.S.,
retention groups pursuant to Insurance Code
the processing of its return. The entity is also
the state to which the greatest percentage
Section 132.
authorizing the paid preparer to:
Form 570 Instructions 2012 Page 1
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