10-44-2.2. Premium tax on travel insurance--Tax allocation and reporting.
An insurer shall pay premium tax as provided in §10-44-2 on travel insurance premiums paid by:
(1)An individual primary policyholder who is a resident of this state;
(2)A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; or
(3)A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in, this state, for eligible blanket group members, subject to any apportionment rules that apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
A travel insurer shall document the state of residence or principal place of business of the policyholder or certificate holder and report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.
Source: SL 2022, ch 185, §11.
Structure South Dakota Codified Laws
Chapter 44 - Insurance Company Premium And Annuity Tax
Section 10-44-1 - Definition of terms.
Section 10-44-1.1 - Rules of director of insurance.
Section 10-44-2.1 - Applicability of tax on premiums and consideration for annuities.
Section 10-44-2.2 - Premium tax on travel insurance--Tax allocation and reporting.
Section 10-44-3 - Farm mutual insurers and fraternal benefit societies exempt from tax.
Section 10-44-4 - Tax credit for principal office or regional home office.
Section 10-44-5 - Functions of regional home office and principal office--Rules.
Section 10-44-7 - Payment required for certificate permitting continuance in business.
Section 10-44-8 - Exemption of taxpayer from other taxes.
Section 10-44-9 - Additional tax levied on fire insurance premiums.
Section 10-44-9.1 - Determining amount of fire insurance premium tax--Distribution.
Section 10-44-9.2 - Fire departments eligible for tax distribution certified annually by department.
Section 10-44-9.4 - Allocation to counties--Amount.
Section 10-44-9.5 - Allocation to fire departments serving county--Amount.
Section 10-44-15 - Payment of fire insurance tax proceeds into firemen's pension fund.
Section 10-44-16 - Penalty on unpaid taxes and installments--Refunds.