72-523. SOURCE OF FUND — PREMIUM TAX. The state insurance fund, every authorized self-insurer and every surety authorized under the Idaho insurance code or by the director of the department of insurance to transact worker’s compensation insurance in Idaho, in addition to all other payments required by statute, shall semiannually, within thirty (30) days after February 1 and July 1 of each year, pay into the state treasury to be deposited in the industrial administration fund a premium tax as follows:
(1) Commencing January 1, 2016, every surety, other than self-insurers authorized to transact worker’s compensation insurance, a sum equal to two percent (2%) of the net premiums written by each respectively on worker’s compensation insurance in this state during the preceding six (6) months’ period, but in no case less than seventy-five dollars ($75.00);
(2) Each self-insurer, a sum equal to two percent (2%) of the amount of premium such employer who is a self-insurer would be required to pay as premium to the state insurance fund, but in no case less than seventy-five dollars ($75.00);
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, for the period January 1, 2012, through December 31, 2015:
(a) Every surety, other than self-insurers authorized to transact worker’s compensation insurance, a sum equal to two percent (2%) of the net premiums written by each respectively on worker’s compensation insurance in this state during the preceding six (6) months’ period, but in no case less than seventy-five dollars ($75.00); and
(b) Each self-insurer, a sum equal to two percent (2%) of the amount of premium such employer who is a self-insurer would be required to pay as premium to the state insurance fund, but in no case less than seventy-five dollars ($75.00).
(4) Any insurer making any payment into the industrial administration fund under the provisions of subsection (1) of this section or, during the period January 1, 2012, through December 31, 2015, any insurer making any payment into the industrial administration fund under the provisions of subsection (3) of this section, shall be entitled to deduct fifty percent (50%) of the premium tax paid pursuant to this section from any sum that it is required to pay into the department of insurance as a tax on worker’s compensation premiums.
(5) In arriving at net premiums written, dividends paid, declared or payable shall not be deducted.
(6) For the purposes of this section and section 72-524, Idaho Code, net premiums written shall mean the amount of gross direct premiums written, less returned premiums and premiums on policies not taken.
History:
[72-523, added 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 132, sec. 8, p. 1329; am. 1978, ch. 264, sec. 16, p. 586; am. 1984, ch. 90, sec. 1, p. 189; am. 1990, ch. 253, sec. 1, p. 725; am. 1993, ch. 202, sec. 1, p. 556; am. 2011, ch. 267, sec. 1, p. 727; am. 2013, ch. 254, sec. 1, p. 628; am. 2015, ch. 332, sec. 1, p. 1259.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 5 - INDUSTRIAL COMMISSION
Section 72-501A - REHABILITATION DIVISION — BUDGET AND EXPENSE — COMPOSITION AND IMPLEMENTATION.
Section 72-502 - REFERENCES TO INDUSTRIAL COMMISSION TO INCLUDE INDUSTRIAL ACCIDENT BOARD.
Section 72-504 - ORGANIZATION — CHAIRMAN — SECRETARY.
Section 72-505 - QUORUM — MAJORITY TO ACT — EFFECT OF VACANCY.
Section 72-506 - ACTS OF COMMISSION OR REFERENCE — HEARING OFFICERS.
Section 72-508 - AUTHORITY TO ADOPT RULES AND REGULATIONS.
Section 72-509 - OFFICES AND SUPPLIES.
Section 72-510 - PAYMENT OF EXPENSES.
Section 72-511 - RECORDS AND FORMS.
Section 72-513 - SPECIFIED EMPLOYEES — EXEMPT FROM PERSONNEL SYSTEM.
Section 72-517 - COOPERATION WITH OTHER AGENCIES.
Section 72-518 - DUTIES OF ATTORNEY GENERAL — REPRESENTATION IN COURT.
Section 72-519 - CREATION OF INDUSTRIAL ADMINISTRATION FUND — PURPOSE.
Section 72-520 - INDUSTRIAL COMMISSION ADMINISTRATOR OF FUND.
Section 72-521 - STATE TREASURER CUSTODIAN OF FUND — DUTIES.
Section 72-522 - DEPOSIT AND INVESTMENT OF FUND — INTEREST.
Section 72-523 - SOURCE OF FUND — PREMIUM TAX.
Section 72-524 - SURETIES’ REPORTS OF TAX BASIS.
Section 72-525 - CIVIL ACTION FOR COLLECTION OF PREMIUM TAX — DUTIES OF ATTORNEY GENERAL.
Section 72-526 - PENALTY FOR DEFAULT — COLLECTION BY CIVIL ACTION — DUTY OF ATTORNEY GENERAL.
Section 72-527 - CIVIL PENALTY FOR SURETY’S MISREPRESENTATION — DUTY OF ATTORNEY GENERAL.