31A-3-102.  Exclusive fees and taxes.

(1)  The following are in place of any other license fee or license assessment that might otherwise be levied against a licensee by the state or a political subdivision of the state:

Terms Used In Utah Code 31A-3-102

  • Captive insurance company: means :
(a) an insurer:
(i) owned by a parent organization; and
(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
(A) Chapter 37, Captive Insurance Companies Act; and
(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
(b) in the case of a group or association, an insurer:
(i) owned by the insureds; and
(ii) whose purpose is to insure risks of:
(A) a member organization;
(B) a group member; or
(C) an affiliate of:
(I) a member organization; or
(II) a group member. See Utah Code 31A-1-301
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • insurance company: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  subject to Subsection (4), taxes and fees under this chapter;

    (b)  the premium taxes under Title 59, Chapter 9, Taxation of Admitted Insurers;

    (c)  the fees under Section 31A-31-108; and

    (d)  the examination costs under Section 31A-2-205.
  • (2)  The following are not subject to Title 59, Chapter 7, Corporate Franchise and Income Taxes:

    (a)  an insurer that is subject to premium taxes under Title 59, Chapter 9, Taxation of Admitted Insurers, regardless of whether the insurance company has a tax liability under that chapter;

    (b)  an insurance company that engages in a transaction that is subject to taxes under Section 31A-3-301 or 31A-3-302, regardless of whether the insurance company has a tax liability under that section; and

    (c)  a captive insurance company as provided in Section 31A-3-304 that pays a fee imposed under Section 31A-3-304.

    (3)  Unless otherwise exempt, a licensee under this title is subject to real and personal property taxes.

    (4)  A tax or fee under this chapter is not in place of a tax or fee a municipality or county imposes in accordance with Section 10-1-203 or 17-53-216.

    Amended by Chapter 127, 2020 General Session