Georgia Code
Part 1 - General Provisions
§ 33-5-32. Penalty for Failure to File Quarterly Affidavit or Remit Tax Within Time Prescribed by Law; Collection and Disposition of Penalty

If any surplus line broker fails to file his or her quarterly affidavit or fails to remit the tax as provided by law within 30 days after the tax is due, he or she shall be liable for a penalty of either $25.00 for each day of delinquency commencing after the expiration of the 30 day period or an amount equal to 100 percent of the tax, whichever is less, except that for good cause shown, the Commissioner may grant a reasonable extension of time within which the affidavit may be filed and the tax may be paid. The tax may be recovered by distraint and the penalty and tax may be recovered by an action instituted by the Commissioner in any court of competent jurisdiction. The Commissioner shall pay to the Office of the State Treasurer any penalty so collected.
History. Code 1933, § 56-624, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 1220, § 4; Ga. L. 1982, p. 3, § 33; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2011, p. 449, § 5/HB 413.
Law reviews.
For article, “Why Captives, Lord, What Have They Ever Done?: The Georgia Captive Insurance Company Act,” see 26 Ga. St. B. J. 119 (1990).

Structure Georgia Code

Georgia Code

Title 33 - Insurance

Chapter 5 - Regulation of Unauthorized Insurers

Article 2 - Surplus Line Insurance

Part 1 - General Provisions

§ 33-5-20. Short Title

§ 33-5-20.1. Definitions

§ 33-5-20.2. Criteria for Domestic Surplus Lines Insurer; Construction With Federal Provisions; Eligibility to Write Insurance; Taxes; Protection; Financial and Solvency Requirements; Exemption From Statutory Requirements

§ 33-5-21. Authorization of Procurement of Surplus Line Insurance; Conditions; Procuring or Placing Nonadmitted Insurance for Exempt Commercial Purchaser

§ 33-5-21.1. Application of Chapter 9 or Code Section 33-24-9

§ 33-5-22. Licensing of Surplus Line Brokers Generally

§ 33-5-23. Revocation or Suspension of Broker’s License

§ 33-5-24. Acceptance and Placement of Business by Surplus Line Brokers Generally

§ 33-5-25. Broker to Ascertain Financial Condition of Unauthorized Insurer Prior to Placement of Insurance Therewith; Placement of Insurance With Foreign or Alien Insurers

§ 33-5-26. Endorsement of Insurance Contract by Broker

§ 33-5-27. Issuance to Insured by Broker of Evidence of Insurance; Issuance of Substitute Certificate or Endorsement; Delivery of Policy to Insured; Penalties

§ 33-5-28. Maintenance by Broker of Records of Policies Written or Renewed

§ 33-5-29. Filing of Quarterly Affidavits by Surplus Line Brokers; Filing of Reports of Affairs and Operations by Brokers

§ 33-5-30. Validity and Enforceability of Contracts Procured as Surplus Line Insurance

§ 33-5-31. Payment by Broker of Tax for Privilege of Doing Business; Computation and Allocation of Tax

§ 33-5-32. Penalty for Failure to File Quarterly Affidavit or Remit Tax Within Time Prescribed by Law; Collection and Disposition of Penalty

§ 33-5-33. Filing of Report by Persons Procuring Insurance With Unauthorized Insurers; Levy, Collection, and Disposition of Tax by Persons Procuring Such Insurance

§ 33-5-34. Venue of Actions Against Unauthorized Insurers Issuing Surplus Line Policies; Service of Process; Filing of Pleading by Insurer

§ 33-5-35. Applicability of Article