Sec. 223.003. TAX IMPOSED. (a) An annual tax is imposed on all premiums from the business of title insurance. The rate of the tax is 1.35 percent of title insurance taxable premiums for a calendar year, including any premiums retained by a title insurance agent as provided by Section 223.005. For purposes of this chapter, a person engages in the business of title insurance if the person engages in an activity described by Section 2501.005.
(b) Except as provided by Subsection (c), in determining a title insurance company's taxable premiums, the company shall include the total amounts of premiums received in a calendar year from title insurance written on property located in this state.
(c) The following premiums are not included in determining a title insurance company's taxable premiums:
(1) premiums received from other title insurance companies for reinsurance; and
(2) returned premiums and dividends paid to policyholders.
(d) In determining a title insurance company's taxable premiums, a title insurance company is not entitled to a deduction for premiums paid for reinsurance.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 932 (H.B. 3315), Sec. 3, eff. June 15, 2007.
Structure Texas Statutes
Title 3 - Department Funds, Fees, and Taxes
Subtitle B - Insurance Premium Taxes
Chapter 223 - Title Insurance Premium Tax
Section 223.001. Applicability of Certain Definitions
Section 223.002. Applicability of Chapter
Section 223.004. Limitation on Certain Additional Taxes
Section 223.005. Premiums Paid to Title Insurance Agent
Section 223.006. Tax Due Dates
Section 223.009. Credit for Fees Paid