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Florida Department of Revenue Form DR-908 Instructions

DR-908N

R. 01/18

Page 11

Schedule XIV

insurer’s Florida personnel and property were in the state of

Retaliatory Tax Computation

incorporation.

Per s. 624.5091(1), F.S., when by or pursuant to the laws of

Line 2. 80 Percent of Salary Tax Credit Taken

any other state or foreign country any taxes, licenses, and

Per s. 624.5091(1), F.S., 80 percent (.80) of the credit provided

other fees, in the aggregate, and any fines, penalties, deposit

by s. 624.509(5), F.S., (salary credit subject to the limitations)

requirements, or other material obligations, prohibitions, or

shall not be taken into consideration. Calculate 80 percent

restrictions are or would be imposed upon Florida insurers or

(.80) of the Salary Tax Credit (Page 3, Schedule III, Line 5) and

upon the agents or representatives of such insurers, which

enter the result in Column A. If a salary credit is given against

are in excess of such taxes, licenses, and other fees, in the

the premium tax in the state of incorporation, enter 80 percent

aggregate, or which are in excess of the fines, penalties,

(.80) of that salary credit in Column B based on Florida

deposit requirements, or other obligations, prohibitions, or

premium volume and Florida personnel and property.

restrictions directly imposed upon similar insurers, or upon

Line 3. Total Corporate Income Tax

the agents or representatives of such insurers, of such other

Enter the total corporate income tax paid (Florida Form

state or country under the statutes of this state, so long as

F-1120, Line 13) in Column A. For corporations filing on a

such laws of such other state or country continue in force or

consolidated basis, each individual corporation’s share of the

are so applied, the same taxes, licenses, and other fees, in the

consolidated income tax paid must be computed. A schedule

aggregate, or fines, penalties, deposit requirements, or other

of how the consolidated income tax paid is allocated

material obligations, prohibitions, or restrictions of whatever

among the consolidated filers should be attached to the

kind shall be imposed by the Department of Revenue upon

return. If a corporate income tax is imposed on insurers

the insurers, or upon the agents or representatives of such

writing premiums in the state of incorporation, calculate the

insurers, of such other state or country doing business or

amount of corporate income tax based on the laws of that

seeking to do business in this state.

state and using the level of premiums written in Florida, and

For any insurer required to compute retaliatory tax, a copy

enter the amount computed in Column B.

of the state of incorporation’s Insurance Premium Tax

Note: When calculating corporate income tax for the state

Return, Corporate Income Tax Return, and any other

of incorporation, use the income, apportionment factor, and

applicable returns or schedules calculated using Florida

other facts that existed for the taxable year whose return

premium volume, personnel, and property should be

would have been filed in the calendar year 2017 calculated by

attached.

using your Florida business.

The calculations should be based on the state of

Line 4. Intentionally Left Blank

incorporation’s tax laws, licenses, and fees using the level

of premiums written in Florida by the alien or foreign insurer

Line 5. Firefighters’ Pension Trust Fund

and their Florida personnel and property. Subsection

Enter the amount from Page 1, Line 6 in Column A. If an

624.5091(3), F.S., provides that the retaliatory provisions do

excise tax on property insurance is imposed upon insurers

not apply as to personal income taxes, nor as to sales or

writing premiums in the state of incorporation, then recalculate

use taxes, nor as to reimbursement premiums paid to the

the tax using Florida premium volume and enter the amount

Florida Hurricane Catastrophe Fund, nor as to emergency

computed in Column B.

assessments paid to the Florida Hurricane Catastrophe Fund,

Line 6. Municipal Police Officers’ Retirement Trust Fund

nor as to ad valorem taxes on real or personal property, nor

Enter the amount from Page 1, Line 7 in Column A. If an

as to special purpose obligations or assessments imposed

excise tax on casualty insurance is imposed upon insurers

in connection with particular kinds of insurance other than

writing premiums in the state of incorporation, then recalculate

property insurance. Therefore, no calculations should be

the tax using Florida premium volume and enter the amount

included for Workers’ Compensation Assessments, the Florida

computed in Column B.

Comprehensive Health Association Assessment, or any other

special purpose obligations or assessments in connection with

Line 7. Florida Insurance Guaranty Association (FIGA)

particular kinds of insurance other than property insurance. If

(Assessments on the Property Portion of Insurance

the state of incorporation allows, for example, a credit or tax

Premiums only)

rate reduction or abatement based on personnel or property,

Only the property portion of the FIGA assessments may be

the foreign or alien insurer’s Florida personnel or property

added to the retaliatory schedule per s. 624.5091, F.S., and

must be used to calculate the credit or rate reduction or

Rule 12B-8.016(3), F.A.C. Enter the calculated property

abatement.

portion of FIGA assessments allowed using the method

described below. Provide your computation schedule and

Note: New York insurers must amend Form DR-908 if the

copies of FIGA certificates. Property insurance as defined

computation of the CT33/CT33M changes from the amount

in s. 624.604, F.S., includes the following lines: fire, flood,

estimated when the original Form DR-908 was filed.

earthquake, aircraft, industrial fire, industrial extended

Line 1. Net Premium Tax Due

coverage, mobile home physical damage, and aggregate

The net premium tax due is used as a starting point for

write-ins for other lines of business meeting the definition of

retaliatory calculations (gross premium tax due less credits).

property insurance.

Add the net premium tax due from Page 1, Line 3 to the wet

Calculation: Determine the property portion of each type

marine and transportation tax from Page 1, Line 5. Enter

of premium subject to the FIGA assessment, and total

the result in Column A. For Column B, calculate what the

the results. Next, divide the total property portion by the

net premium tax due would be if the volume of Florida

total premiums (property and casualty) subject to the FIGA

premiums were written in the state of incorporation and the

Instructions For Form Dr-908n - Florida Insurance Premium Taxes And Fees Return - 2018 Page 11

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