SECTIONS 12301-12307 - California Statutes

REVENUE AND TAXATION CODE

SECTION 12301-12307

12301. (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) 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, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 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extends the dates on which it becomes inoperative and is repealed.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.

12301. (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, 2011.

12302. (a) On or before April 1st (or June 15th with respect to
taxes on ocean marine insurance) every person that is subject to any
tax imposed by Section 28 of Article XIII of the California
Constitution or this part, in respect to the preceding calendar year
shall file, in duplicate, a tax return with the commissioner in the
form as the commissioner may prescribe. The return shall show that
information pertaining to its insurance business, or in the case of a
Medi-Cal managed care plan, pertaining to contracts for providing
services as described in Section 12009, in this state as will reflect
the basis of its tax as set forth in Chapter 2 (commencing with
Section 12071) and Chapter 3 (commencing with Section 12201) of this
part, the computation of the amount of tax for the period covered by
the return, the total amount of any tax prepayments made pursuant to
Article 5 (commencing with Section 12251) of Chapter 3 of this part,
and any other information as the commissioner may require to carry
out the purposes of this part. Separate returns shall be filed with
respect to the following kinds of insurance:
(1) Life insurance (or life insurance and disability insurance).
(2) Ocean marine insurance.
(3) Title insurance.
(4) Insurance other than life insurance (or life insurance and
disability insurance), ocean marine insurance or title insurance.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12302. (a) On or before April 1st (or June 15th with respect to
taxes on ocean marine insurance) every person that is subject to any
tax imposed by Section 28 of Article XIII of the California
Constitution or this part, in respect to the preceding calendar year
shall file, in duplicate, an insurance tax return with the
commissioner in the form as the commissioner may prescribe. The
return shall show that information pertaining to its insurance
business in this state as will reflect the basis of its tax as set
forth in Chapter 2 (commencing with Section 12071) and Chapter 3
(commencing with Section 12201) of this part, the computation of the
amount of tax for the period covered by the return, the total amount
of any tax prepayments made pursuant to Article 5 (commencing with
Section 12251) of Chapter 3 of this part, and any other information
as the commissioner may require to carry out the purposes of this
part. Separate returns shall be filed with respect to the following
kinds of insurance:
(1) Life insurance (or life insurance and disability insurance).
(2) Ocean marine insurance.
(3) Title insurance.
(4) Insurance other than life insurance (or life insurance and
disability insurance), ocean marine insurance or title insurance.
(b) This section shall become operative on July 1, 2011.

12303. (a) Every return required by this article to be filed with
the commissioner shall be signed by the insurer or Medi-Cal managed
care plan or an executive officer of the insurer or plan and shall be
made under oath or contain a written declaration that it is made
under penalty of perjury. A return of a foreign insurer may be signed
and verified by its manager residing within this state. A return of
an alien insurer may be signed and verified by the United States
manager of the insurer.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12303. (a) Every return required by this article to be filed with
the commissioner shall be signed by the insurer or an executive
officer of the insurer and shall be made under oath or contain a
written declaration that it is made under penalty of perjury. A
return of a foreign insurer may be signed and verified by its manager
residing within this state. A return of an alien insurer may be
signed and verified by the United States manager of the insurer.
(b) This section shall become operative on July 1, 2011.

12304. (a) Blank forms of returns shall be furnished by the
commissioner on application, but failure to secure the form shall not
relieve any insurer or Medi-Cal managed care plan from making or
filing a timely return.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12304. (a) Blank forms of returns shall be furnished by the
commissioner on application, but failure to secure the form shall not
relieve any insurer from making or filing a timely return.
(b) This section shall become operative on July 1, 2011.

12305. (a) The insurer or Medi-Cal managed care plan required to
file a return shall deliver the return in duplicate, together with a
remittance payable to the Controller, for the amount of tax computed
and shown thereon, less any prepayments made pursuant to Article 5
(commencing with Section 12251) of Chapter 3 of this part, to the
office of the commissioner.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12305. (a) The insurer required to file a return shall deliver the
return in duplicate, together with a remittance payable to the
Controller, for the amount of tax computed and shown thereon, less
any prepayments made pursuant to Article 5 (commencing with Section
12251) of Chapter 3 of this part, to the office of the commissioner.
(b) This section shall become operative on July 1, 2011.

12306. The commissioner, for good cause shown, may extend for not
to exceed 30 days the time for filing a tax return or paying any
amount required to be paid with the return. 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.

12307. (a) Any insurer or Medi-Cal managed care plan to which an
extension is granted shall pay, in addition to the tax, interest at
the modified adjusted rate per month, or fraction thereof,
established pursuant to Section 6591.5, from April 1st until the date
of payment.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.

12307. (a) Any insurer that is granted an extension shall pay, in
addition to the tax, interest at the modified adjusted rate per
month, or fraction thereof, established pursuant to Section 6591.5,
from April 1st until the date of payment.
(b) This section shall become operative on July 1, 2011.