Tax is due on:
- Insurance premiums
- Premiums for title insurance
-
Assessments, including membership fees, policy fees, and gross
deposits received from subscribers to reciprocal or interinsurance
agreements
- Annuity premiums or considerations
-
Gross underwriting profit on wet marine and transportation insurance
Additionally:
-
Insurers must pay a regulatory assessment on fire insurance policies
issued and insuring property in Florida and must collect a surcharge
on commercial policies from policyholders.
-
Insurers selling property insurance in Florida must pay an excise
tax levied by participating Florida municipalities and fire
districts for a firefighters’ pension trust fund.
-
Insurers selling casualty insurance in Florida must pay an excise
tax levied by participating Florida municipalities for a police
officers’ retirement trust fund.
-
Insurers must collect a surcharge on certain commercial and
residential policies for emergency management.
-
Insurers pay a retaliatory tax to the extent the insurer’s state of
domicile would impose a greater tax burden than Florida imposes.
The premium/underwriting profit taxes, excise taxes, and regulatory
assessment must be reported on the
Insurance Premium Taxes and Fees Return
(Form DR-908
).
There are several credits available against the insurance premium tax.
These include credits for paying salaries in Florida, credits for
paying other taxes or assessments, and credits for making certain
types of investments in Florida. See the Department's
Insurance Premium Tax Incentives
webpage for a comprehensive list. The
Insurance Premium Taxes and Fees Return
(Form DR-908
) and the instructions (Form DR-908N
) also provide a list and explanation of available credits each year.
Municipalities and special fire control districts may elect to impose
an excise tax on insurance premiums to help fund the pensions of
police officers and firefighters. These excise taxes are reported on
Schedules XII and XIII of the
Insurance Premium Taxes and Fees Return
(Form DR-908
).
Administration
-
Florida Department of Management Services, Division of Retirement,
is responsible for the administration of the pension funds.
-
Florida Department of Revenue is responsible for processing tax
returns and payments, and reporting amounts received for
participating municipalities and special fire control districts to
the Division of Retirement.
-
Florida Department of Financial Services performs market conduct
exams.
Electronic Address/Jurisdiction Database
The Florida Department of Revenue maintains an electronic
address/jurisdiction database that assigns jurisdictions to street
addresses in Florida. Participating municipalities and fire districts
are responsible for updating the jurisdictional information. Insurers
use the database to assign policies and premiums to local taxing
jurisdictions. Insurers use Schedules XII and XIII of the
Insurance Premium Taxes and Fees Return
(Form DR-908) to report the premiums and tax due for each
participating local taxing jurisdiction.
You can use the
database
to download multiple addresses or look up a single address.
If you have questions about the electronic address/jurisdiction
database, contact:
Florida Department of Revenue
Local Government Unit
PO Box 5885
Tallahassee FL 32314-5885
Telephone: 850-717-6630
Email:
Local-Govt-Unit@floridarevenue.com
The Department’s Local Government Unit maintains a list of contacts
who may submit updates to addresses in the electronic
address/jurisdiction database. Participating municipalities and fire
districts can contact the Local Government Unit to check the current
list of contacts for their jurisdiction or to notify the Local
Government Unit of any updates needed.
Distribution of Funds
After receiving funds from the Florida Department of Revenue, the
Florida Department of Management Services, Division of Retirement,
Municipal Police Officers' and Firefighters' Retirement Trust Funds
Office
manages and distributes the retirement trust funds to the local taxing
jurisdictions.
When to Notify the Department
You must notify the Florida Department of Revenue, if
you:
- Change your business name;
- Change your mailing address;
- Change your location address within the same county;
- Close or sell your business; or
-
Your business becomes active and you will sell or rent taxable
property or services.
The quickest way to notify the Department of these changes is to
update your account
online.
Insurance premium tax is reported by insurers, including authorized
domestic, foreign, and alien insurers, who enter into insurance or
annuity contracts in Florida, using an
Insurance Premium Taxes and Fees Return
(Form DR-908
). Instructions (Form DR-908N
) are available. Form DR-908 is due yearly by March 1. Insurers must
also pay quarterly installments using the
Insurance Premium Installment Payment and Instructions
(Form DR-907
). Installments are due on April 15, June 15, and October 15 of each
year. Final payment of tax due for the year must be made when the tax
return (Form DR-908) is filed. You can file and pay insurance premium
tax electronically using the Department's free and secure
File and Pay
webpage.
Taxpayers who paid $5,000 or more in insurance premium tax during the
most recent state fiscal year (July 1 - June 30) are required to file
and pay electronically during the next calendar year.
When you electronically pay only or you electronically file and pay at
the same time, you must initiate your electronic payment and receive a
confirmation number no later than 5:00 p.m., ET, on the business day
prior to the installment or return due date to avoid penalty and
interest. For a list of the electronic payment deadlines, visit the
Department's Forms and Publications webpage and select the current
year
Florida eServices Calendar of Electronic Payment Deadlines
(Form DR-659) under the
eServices
section.
When electronically filing insurance premium tax you can upload data
files for Schedules XII and XIII (Firefighters’ and Police Officers’
Retirement Trust Funds). It also offers automatic calculations and
automatic entry of data appearing in more than one schedule.
If you file your return or pay tax late, a penalty of 10% of any
unpaid tax is charged. If you do not report and timely pay an
installment payment, or you underestimate the installment payment due,
a 10% penalty is charged. A floating rate of interest applies to
underpayments and late payments of tax. Interest rates can be found on
the Department's
Tax and Interest Rates
webpage.
This list, although not all-inclusive, provides many of the statutes
that relate to the insurance premium taxes and fees.
-
Section 175.101, F.S. – State excise tax on property insurance
premiums authorized; procedure.
-
Sections 175.1015 and 185.085, F.S. – Determination of local premium
tax situs.
-
Section 175.141 and 185.12, F.S. – Payment of excise tax credit on
similar state excise or license tax.
-
Section 185.08, F.S. – State excise tax on casualty insurance
premiums authorized; procedure.
-
Section 252.372 F. S. – Imposition and collection of surcharge.
- Section 440.51, F.S. – Expenses of administration.
- Section 624.4621, F.S. – Group self-insurance funds.
-
Section 624.46226, F.S. – Public housing authorities self-insurance
funds; exemption for taxation and assessments.
-
Section 624.4625, F.S. – Corporation not for profit self-insurance
funds.
-
Section 624.475, F.S. – Tax on premiums, contributions, and
assessments.
-
Section 624.501, F.S. – Filing, license, appointment, and
miscellaneous fees.
- Section 624.509, F.S. – Premium tax; rate and computation.
- Section 624.5091, F.S. – Retaliatory provision, insurers.
- Section 624.5092, F.S. – Administration of taxes; payments.
-
Section 624.510, F.S. – Tax on wet marine and transportation
insurance.
-
Section 624.5105, F.S. – Community contribution tax credit;
authorization; limitations; eligibility and application
requirements; administration; definitions; expiration.
-
Section 624.51055, F.S. – Credit for contributions to eligible
nonprofit scholarship-funding organizations.
-
Section 624.51056, F.S. – Credit for contributions to the New Worlds
Reading Initiative.
-
Section 624.51057, F.S. – Credit for contributions to eligible
charitable organizations.
-
Section 624.51058, F.S. – Credit for contributions to the Live Local
Program.
- Section 624.51057, F.S. – Child care tax credits.
-
Section 624.5108, F.S. – Property insurance discount to
policyholders; insurance premium deduction; insurer credit for
deductions.
-
Section 624.515, F.S. – State Fire Marshal regulatory assessment and
surcharge; levy and amount.
- Section 627.357, F.S. – Medical malpractice self-insurance.
-
Section 628.6015, F.S. – Tax on premiums, contributions, and
assessments of assessable mutual insurers.
- Section 636.066, F.S. – Taxes imposed.