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RSA 400-A:34 · Exemption; Abatement

Title: XXXVII: INSURANCE
Chapter: 400-A · INSURANCE DEPARTMENT
Status: current
Official source linked: Yes

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400-A:34 Exemption; Abatement. –

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The provisions of RSA 400-A:31 and 32 shall not apply to mutual insurance companies that operate on an assessment plan and require as a condition for granting insurance the signing of a premium deposit note by the insured, which note is given for the purpose of establishing a limit of liability to assessment, while their total receipts from policyholders is less than $10,000 per year.

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II.

Any insurer authorized to do business in this state, having complied with the provisions of this chapter, which shall deem itself aggrieved by reason of any tax imposed upon it by the insurance commissioner, may apply within one year after the due date of any tax imposed upon it, and not afterwards, by petition to the Merrimack county superior court for an abatement of so much thereof as it may claim to have been unlawfully imposed upon it.

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III.

Such petition shall be entitled against the insurance commissioner, and all summonses therein shall be served upon the insurance commissioner. In any such action, the superior court, after hearing, shall make such order as justice may require and may order the insurance commissioner to credit the petitioner in any tax assessment thereafter made against the petitioner with any amount found to have been illegally assessed against and paid by the petitioner, with interest thereon at such rate as the court may deem just.

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IV.

Notwithstanding paragraphs II and III, if an insurer or other person engaged in the business of insurance in this state has paid taxes, fees or other charges pursuant to title XXXVII in excess of the amount legally chargeable against such insurer or other person, application may be made for a refund of the overpayment. If the commissioner is satisfied that, because of some mistake of fact, error in calculation, or erroneous interpretation of a law of this state or any other state, an overpayment was made by the insurer or other person, the commissioner shall apply the amount of the overpayment toward the payment of taxes, fees or other charges already due or which may become due or make a cash refund to the insurer or other person. Application for a refund shall be made within 3 years after the date of the excess payment of taxes, fees or other charges. Source. 1971, 244:1. 1983, 473:3. 1989, 76:1. 2010, 13:6. 2014, 204:26, eff. July 11, 2014.

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Source note

Source. 1971, 244:1. 1983, 473:3. 1989, 76:1. 2010, 13:6. 2014, 204:26, eff. July 11, 2014.

Source history

1971, 244:1
1983, 473:3
1989, 76:1
2010, 13:6
2014, 204:26, eff. July 11, 2014

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and the insurance department, [for the purposes of sharing information received by the department from insurance companies that claim a business enterprise tax credit, pursuant to RSA 400-A:34-a,] and only to the extent necessary, for the administration and collection of tax premiums by the insurance department. The information disclosed pursuant to such exchange agreement shall not include records, files, ret
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to the state treasurer regarding the business enterprise tax. V. RSA 277-B:9, I(h), relative to responsibilities of employee leasing companies to pay taxes under RSA 77-E. VI. RSA 400-A:34-a, relative to credits for business enterprise taxes. 23 Effective Date. This act shall take effect July 1, 2027. LBA 26-3001 12/3/25 HB 1629-FN- FISCAL NOTE AS INTRODUCED AN ACT repealing the business e
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scal year's tax expenditures as identified in RSA 71-C:2, and other credits allowed under RSA 77-A, [RSA 77-E,] RSA 77-G, RSA 78, RSA 78-A, 78-B, RSA 82-A, RSA 84-A, RSA 84-C, and RSA 400-A. 9 Taxation; Tax Expenditure and Potential Liability Reports; Tax Expenditure and Potential Liability Report. Amend RSA 71-C:4, II(b)(1) to read as follows: (1) Other credits allowed under RSA 77-A, [RSA 77-E,] RS
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to the state treasurer regarding the business enterprise tax. V. RSA 277-B:9, I(h), relative to responsibilities of employee leasing companies to pay taxes under RSA 77-E. VI. RSA 400-A:34-a, relative to credits for business enterprise taxes. 23 Effective Date. This act shall take effect July 1, 2027. LBA 26-3001 12/3/25 HB 1629-FN- FISCAL NOTE AS INTRODUCED AN ACT repealing the business e
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scal year's tax expenditures as identified in RSA 71-C:2, and other credits allowed under RSA 77-A, [RSA 77-E,] RSA 77-G, RSA 78, RSA 78-A, 78-B, RSA 82-A, RSA 84-A, RSA 84-C, and RSA 400-A. 9 Taxation; Tax Expenditure and Potential Liability Reports; Tax Expenditure and Potential Liability Report. Amend RSA 71-C:4, II(b)(1) to read as follows: (1) Other credits allowed under RSA 77-A, [RSA 77-E,] RS
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