Printable Format40-253. Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when. Whenever the existing or future laws of any other state or country shall require from insurance companies or fraternal benefit societies organized under the laws of this state, applying to do business in such other state or country, any deposit of securities in such state or country for the protection of policyholders therein or any payment for taxes, fines, penalties, certificates of authority, licenses, fees, or compensation for examination, including taxes or fees based on fire premiums, greater than the amount required for such purpose from insurance companies or agents of other states by the then existing laws of this state, then, and in every case, all companies and agents of any such state or country, doing business in this state shall make the same deposit, for a like purpose, with the commissioner of insurance of this state, and pay to the commissioner of insurance for taxes, fines, penalties, certificates of authority, licenses, fees, or compensation for examination, including taxes or fees based on fire premiums, an amount equal to the amount of such charges and payments imposed by the laws of such other state or country upon the companies of this state and the agents thereof. The provisions of this section shall not apply to special purpose assessments or guaranty association assessments both under the laws of this state and under the laws of any other state or country, and any tax offset or credit for any such assessment shall, for purposes of this section, be treated as a tax paid both under the laws of this state and under the laws of any other state or country.
History: L. 1927, ch. 231, 40-253; L. 1951, ch. 293, § 1; L. 1967, ch. 256, § 1; L. 1997, ch. 175, § 6; July 1.
Source or prior law:
L. 1871, ch. 93, § 17; L. 1875, ch. 112, § 3; L. 1876, ch. 122, art. 16, § 8; L. 1899, ch. 146, § 1; L. 1901, ch. 230, § 21; L. 1903, ch. 330, § 4; L. 1909, ch. 153, § 27; R.S. 1923, 40-114.
CASE ANNOTATIONS
1. Certificate issued before conditions precedent complied with void. Hartford Fire Ins. Co. v. The State, 9 Kan. 210, 227.
2. Section held constitutional and valid. Phoenix Ins. Co. v. Welch, Supt., 29 Kan. 672, 675, 676; The State, ex rel., v. Hunter, 38 Kan. 578, 588, 17 P. 177.
3. Official judgment of superintendent is not controllable by mandamus. Insurance Co. v. Wilder, 40 Kan. 561, 569, 20 P. 265.
4. Mode of computing annual tax on premiums considered and stated. The State, ex rel., v. Wilson, 102 Kan. 752, 172 P. 41.
5. Method of determining amount due stated and applied; statute construed. Employers Casualty Co. v. Hobbs, 149 Kan. 774, 775, 777, 779, 89 P.2d 923.
6. Cited; deed of trust held mortgage within meaning of mortgage registration act. Kansas City Life Ins. Co. v. Banaka, 150 Kan. 334, 339, 92 P.2d 63.
7. Discussed, construed and applied; method of assessing tax, assets of company considered. Employers Casualty Co. v. Hobbs, 152 Kan. 815, 817, 107 P.2d 715.
8. Acts taxing and licensing foreign insurance companies held valid; interstate commerce. In re Insurance Tax Cases, 160 Kan. 300, 301, 302, 303, 309, 316, 161 P.2d 726. Affirmed: Prudential Insurance Co. of America v. Hobbs, 328 U.S. 822, 66 S. Ct. 1360, 90 L.Ed. 1258; Aetna Insurance Co. v. Hobbs, 328 U.S. 822, 66 S. Ct. 1360, 90 L.Ed 1258; American Indemnity Co. v. Hobbs, 328 U.S. 822, 66 S. Ct. 1361, 90 L.Ed. 1258; Pacific Mut. Life Insurance Co. v. Hobbs, 328 U.S. 822, 66 S. Ct. 1361, 90 L.Ed. 1258.
9. Retaliatory tax; foreign company taxed same as Kansas company in foreign state. Mass. Mutual Life Ins. Co. v. Hobbs, 163 Kan. 289, 290, 291, 293, 294, 181 P.2d 512.
10. Second injury fund assessments exacted of Kansas companies by other states appropriately included in computation of retaliatory tax due hereunder. Twin City Fire Ins. Co. v. Bell, 232 Kan. 813, 815, 816, 817, 818, 658 P.2d 1038 (1983).