Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2012
 

Tax on Insurers Law

Chapter 4. Assessment and Effect of Tax*

Article 1. Tax Returns and Initial Payments

Section 12301

Text of section operative through June 30, deletion2012

12301. Due date. (a) The taxes imposed upon insurers by Section 28 of Article XIII of the California Constitution and of this part, except with respect to taxes on ocean marine insurance and retaliatory taxes, are due and payable annually on or before April 1st of the year following the calendar year in which the insurer engaged in the business of insurance or transacted insurance in this state. The taxes imposed with respect to ocean marine insurance are due and payable on or before June 15th of that year.

(b) With respect to Medi-Cal managed care plans, the taxes imposed by Section 12201 shall be due and payable on or before April 1st of the year following the calendar year in which the plan contracted with the State Department of Health Care Services as described in Section 12009.

(c) This section shall become inoperative on July 1, deletion2012, and, as of January 1, deletion2013, is repealed, unless a later enacted statute, that becomes operative on or before deletionJuly 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed. However, any tax imposed by Section 12201 shall continue to be due and payable until the tax is paid.

History.—Added by Stats. 1961, p. 1984, operative January 1, 1962. Stats. 1969, p. 1474, in effect August 14, 1969, operative January 1, 1970, added "except with respect to taxes on ocean marine insurance and retaliatory taxes" and substituted "April 1st" for "June 15" in the first sentence, and added the second sentence. Stats. 1974, p. 621, operative November 6, 1974, substituted "Section 28" for "Section 144/5". Stats. 2009, Ch. 157 (AB 1422), in effect September 22, 2009, designated the first paragraph as subdivision (a), deleted "the provisions of" after "upon insurers by", added "California" before "Constitution", deleted "of" before "this part, except", and substituted "that" for "such" after "before June 15th of" in subdivision (a); and added subdivisions (b) and (c). Stats. 2010, Ch. 717 (SB 853), in effect October 19, 2010, replaced the first sentence in subdivision (c) with a new sentence and left the second sentence in subdivision (c) the same as it was. Stats. 2011, Ch. 11x1 (ABx1 21), in effect September 16, 2011, substituted "2012" for "2011" after "inoperative on July 1,", substituted "2013" for "2012" after "as of January 1,", substituted "July" for "January" after "operative on or before" in subdivision (c).

Text of section operative July 1, deletion2012

12301. Due date. (a) The taxes imposed upon insurers by Section 28 of Article XIII of the California Constitution and this part, except with respect to taxes on ocean marine insurance and retaliatory taxes, are due and payable annually on or before April 1st of the year following the calendar year in which the insurer engaged in the business of insurance or transacted insurance in this state. The taxes imposed with respect to ocean marine insurance are due and payable on or before June 15th of that year.

(b) This section shall become operative on July 1, deletion2012.

History.—Added by Stats. 2009, Ch. 157 (AB 1422), in effect September 22, 2009, but operative January 1, 2011. Stats. 2010, Ch. 717 (SB 853), in effect October 19, 2010, substituted "July 1, 2011" for "January 1, 2011" after "operative on" in subdivision (b). Stats. 2011, Ch. 11x1 (ABx1 21), in effect September 16, 2011, substituted "2012" for "2011" after "operative on July 1," in subdivision (b).

* Stats. 1961, p. 1984, operative January 1, 1962, amended the title of Chapter 4 by substituting "Effect of Tax" for "Levy".