
Form 570 Instructions 2012 Page 1
Instructions for Form 570
Nonadmitted Insurance Tax Return
References in these instructions are to the California Revenue and Taxation Code (R&TC) and the California Insurance Code.
What’s New
Do Not Round Cents to Dollars – On this form,
do not round cents to the nearest whole dollar.
Enter the amounts with dollars and cents.
General Information
A user of this form may have to file up to four
Form 570 tax returns in one year if the user
purchases nonadmitted insurance contracts in
each calendar quarter.
Assembly Bill (AB) 315, effective July 21, 2011,
conforms California law to the Nonadmitted and
Reinsurance Reform Act (NRRA) that is part of
the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010, enacted by the federal
government and authorizes the collection of tax
on 100 percent of the premiums of California
home state insured policies. Thus, if a person is
determined to be a California home state insured,
then all premiums related to all insurance policies
obtained from a nonadmitted insurer are subject
to tax, as long as the premiums are for policies
related to risks within the United States. This
is a change from when California only taxed
premiums related to California risk. The NRRA
only allows one state to tax a home state insured,
so proration of premiums among the states for
taxation no longer occurs.
For more information, go to ftb.ca.gov and
search for nonadmitted insurance tax.
To receive nonadmitted insurance tax information
by email, go to ftb.ca.gov and search for
subscription services.
Definitions:
•
Home state – the state where the insured
maintains its principal place of business, or if
individual, the individual’s principal residence;
if 100% of the insured risk is located in a
state outside the insured’s principal place
of business or principal residence, then it is
where the greatest percent of the insured’s
taxable premium for that insurance contract is
allocated.
•
Principal place of business – the state
where the insured maintains its headquarters
and where the insured’s high-level officers
direct, control, and coordinate the business
activities; or if the insured’s high-level officers
direct, control, and coordinate the business
activities in more than one state, the state in
which the greatest percentage of the insured’s
taxable premium for that insurance contract
is allocated; or if the insured maintains its
headquarters or the insured’s high-level
officers direct, control, and coordinate the
business activities outside the U.S., the
state to which the greatest percentage of the
insured’s taxable premium for that insurance
contract is allocated.
•
Principal residence – the state where the
insured resides for the greatest number of
days during a calendar year; or if the insured’s
principal residence is located outside the U.S.,
the state to which the greatest percentage
of the insured’s taxable premium for that
insurance contract is allocated.
•
Home state insured – or “home state insured
applicant” – a person whose home state is
California and who has received a certificate
or evidence of coverage as set forth in Section
1764 of the Insurance Code or a policy as
issued by an eligible surplus line insurer, or a
person who is an applicant.
•
Multistate risk – means a risk covered by a
nonadmitted insurer with insured exposures in
more than one state.
The total gross premium paid or to be paid for
all nonadmitted insurance placed in a single
transaction with one underwriter or group of
underwriters, whether in one or more policies,
in that calendar quarter during which the taxable
insurance contract or contracts took effect or were
renewed, is now the entire gross premium charged
on all nonadmitted insurance for the California
home state insured. Enter only premiums for
policies related to risks within the U.S.
Private Mail Box (PMB) – Include the PMB in
the address field. Write “PMB” first, then the box
number. Example: 111 Main Street PMB 123.
Foreign Address – Enter the information in the
following order: City, Country, Province/Region,
and Postal Code. Follow the country’s practice for
entering the postal code. Do not abbreviate the
country’s name.
A Purpose
Use Form 570, Nonadmitted Insurance Tax
Return, to determine the tax on premiums
paid or to be paid to nonadmitted insurers on
contracts covering risks. Also, use Form 570 to
file an amended return. See Section E, Amended
Returns, for more information.
B Who Must Pay Nonadmitted
Insurance Tax
The tax is imposed on a home state insured who
independently purchases or renews an insurance
contract during the calendar quarter from an
insurer, including wholly-owned subsidiaries,
not authorized to transact insurance business in
California.
If you do not know if the insurer is authorized
to conduct business in California, call the FTB
Nonadmitted Insurance Desk at 916.845.7448.
The tax will not be imposed on any of the following:
•
Insurance coverage for which a tax on the
gross premium is due or has been paid by
surplus line brokers pursuant to Insurance
Code Section 1775.5 (surplus lines tax).
•
Gross premiums on businesses governed by
provisions of Insurance Code Section 1760.5
(reinsurance of the liability of an admitted
insurer and marine, aircraft, and interstate
railroad insurance).
•
Insurance coverage for which a tax on the
gross premium is due or has been paid by risk
retention groups pursuant to Insurance Code
Section 132.
Agents or brokers with a valid power of attorney
to file a return on behalf of the insured must enter
the requested information in the space below
line 15.
C Tax Rate
The tax rate is three percent (.03). This rate is
applied to the gross premium paid or to be paid,
less premiums returned because of cancellation
or reduction of premium on which a tax has been
paid. Do not include a stamping fee.
D When and Where to File
File Form 570 on or before the first day of the
third month following the close of any calendar
quarter during which a nonadmitted insurance
contract took effect or was renewed:
Contract effective date
Return due date
January - March June 1
April - June September 1
July - September December 1
October - December March 1
Mail Form 570 and payment to:
FRANCHISE TAX BOARD
PO BOX 942867
SACRAMENTO CA 94267-0651
E Amended Returns
Use Form 570 to file an amended return. File an
amended return to correct an error on the original
return or to claim a refund.
Check the “Amended” box at the top of the form.
Attach a copy of the original return behind the
amended return and write “copy” in red across
the face of the original return. When completing
line 1 through line 15 of the amended return, use
the amounts that should have been reported on
the original return.
Amended returns must be filed within four years
of the original due date or within one year from
the date of the overpayment, whichever period
expires later.
Attach copies of all contracts for changes to
correct an error on the original return or to claim
a refund.
Do not file an amended return to claim returned
premiums. See the Specific Line Instructions for
line 5.
F Third Party Designee
If the entity wants to allow the FTB to discuss its
2013 return with the paid preparer who signed
it, check the “Yes” box in the signature area of
the return. This authorization applies only to the
individual whose signature appears in the “Paid
Preparer’s Use Only” section of the return. It does
not apply to the business, if any, shown in that
section.
If the “Yes” box is checked, the entity is
authorizing the FTB to call the paid preparer
to answer any questions that may arise during
the processing of its return. The entity is also
authorizing the paid preparer to: