The Kentucky 74A118 form is a Monthly Insurance Surcharge Report required by the Commonwealth of Kentucky's Department of Revenue for insurance providers. This form is crucial for documenting surcharges collected on insurance premiums, assessments, and other charges for risks located in Kentucky, excluding specified exempt premium types. Insurers must report monthly or annually, depending on their annual liability, and adhere to strict submission and payment deadlines to avoid penalties. For detailed guidance on completing and submitting this form, click the button below.
The complexities surrounding the Kentucky 74A118 form, a Monthly Insurance Surcharge Report, underline the necessary compliance with the Commonwealth of Kentucky's Department of Revenue by insurers. Initiating for periods starting April 1, 2010, and onwards, this form is at the heart of ensuring that insurance firms properly report and remit surcharges collected on premiums, assessments, and other charges from risks located within Kentucky. The form outlines a structured process for reporting total premiums inclusive of those not subjected to the surcharge, along with detailed deductions for specific premiums returned to policyholders or collected from exempt entities such as certain federal, state, and nonprofit organizations. The necessary computations to determine the surcharge due, alongside penalties and interest for late submissions or payments, require meticulous attention to ensure accuracy and compliance. Furthermore, it provides guidelines for adjustments and emphasizes the importance of timely and accurate filings, not just for maintaining regulatory compliance but also for managing financial liabilities effectively. This inclusive approach reflects the state's commitment to monitoring insurance financial activities closely while offering clear directives to insurance entities regarding their reporting obligations.
74A118 (1-22)
MONTHLY INSURANCE
Commonwealth of Kentucky
SURCHARGE REPORT
DEPARTMENT OF REVENUE
For Periods Beginning
4/1/2010 and After
FOR OFFICIAL USE ONLY -- STA. 61
___4 ___5 /___ ___/___ ___
Tax Mo. Yr.
Account Number ___ ___ ___ ___ ___
Check Here if Amended Return
Check Here if Surplus Lines
See reverse for information or call the Department of Revenue, (502) 564-4810.
Name and Address (Required)
Report for Month of
/ 20
Mo.
NAIC
FEIN __ __ – __ __ __ __ __ __ __
1.Total premiums (including those premiums not subject to surcharge deducted on Lines 2B and 2C), assessments and other charges collected on risk
located in Kentucky (exclude municipal taxes)
$ __________________________
2.Less amounts not subject to surcharge:
A. Premiums returned to policyholders on terminated policies
(on policies with payments received after 3/31/10)
$
______________________________
B.
Premiums collected for:
Accident and health insurance
Federal insured crop insurance
Federal insured flood insurance
Reinsurance
Title insurance
Workers compensation
C.
Premiums collected from:
Federal government
Resident nonprofit educational and charitable
institutions (501(c)(3)status)
Resident nonprofit religious institutions for real,
tangible and intangible property coverage only
State and local government for real property coverage only
D. Total amount not subject to surcharge
$ __________________________________
3.
Amount subject to surcharge (line 1 minus line 2D)
4.
Surcharge due at current rate (line 3 times .018)
5.
Penalty (see reverse)
6.
Interest (see reverse)
7.
Amount due (add lines 4, 5 and 6)
8.
Adjustments (attach supporting documentation)
9.
Total amount due (line 7 plus or minus line 8)
Paid online. Confirmation No. ________________
Make check payable to Kentucky State Treasurer and mail return with payment to:
Kentucky Department of Revenue
Mailing Address: P.O. Box 1303, Frankfort, KY 40602-1303
Overnight Address: 501 High Street, Frankfort, KY 40601-2103
I, the undersigned, a principal officer of the above-named company, certify that I have examined this report and it is, to the best of my knowledge and belief, a true, correct and complete report.
Principal Officer’s Information
Preparer’s Information
Signature _______________________________________________
Print Name _____________________________________________
Title ___________________________________________________
Telephone Number _______________________________________
E-mail Address __________________________________________
Date___________________________________________________
GENERAL INFORMATION
KRS 136.392 requires that every domestic, foreign and alien insurer, other than life and health insurers, which is subject to or exempted from Kentucky insurance premiums taxes as levied pursuant to the provisions of either KRS 136.350, 136.370 or 136.390, shall charge and collect a surcharge at the current rate upon each $100 of premium, assessments or other charges, except for whether the charges are designated as premiums, assessments or otherwise.
Every insurer is required to file for each period, whether filing monthly or annually, even if no premiums were collected.
The insurance premium surcharge shall be collected by the insurer from its policyholders at the same time and in the same manner that its premium or other charge for the insurance coverage is collected. When claiming a deduction for premiums returned to a policyholder, the surcharge must also be returned to the policyholder.
No insurer or its agent shall be entitled to any portion of any premium surcharge as a fee or commission for its collection.
On or before the 20th day of each month, each insurer shall report and remit to the Department of Revenue, on the required forms, all premium surcharge monies collected during the preceding monthly accounting period less any monies returned to policyholders on policies terminated by either the insured or the insurer. Insurers with an annual liability of less than $1,000 for each of the previous two calendar years may report and remit to the Department of Revenue all premium surcharge monies collected on a calendar year basis on or before the 20th day of January of the following year.
Account Number For Surplus Lines
•Multi-Brokers—File under agency name and their FEIN number.
•Single Broker—File under agency name and their FEIN number. If no FEIN number, use your Department of Insurance (DOI) number.
The penalty for failure to file an insurance premium surcharge report by the due date is 2 percent of the surcharge due for each 30 days or fraction thereof that the report is late (maximum 20 percent). The minimum penalty is $10. (KRS 131.180 (1))
The penalty for failure to pay the insurance premium surcharge by the due date is 2 percent of the surcharge due for each 30 days or fraction thereof that the payment is overdue (maximum 20 percent). The minimum penalty is $10. (KRS 131.180 (2))
Interest at the “tax increase rate” is applied to all insurance premium surcharge liabilities not paid by the original due date of the report. The computation period is from the original due date of the report to the date of payment. (KRS 131.183 (1))
Report on line 1 only those premiums that have been collected.
NOTE: Refunds or credits can only be taken on premiums returned to policy holders on terminated policies, not on exempt premiums such as worker’s compensation insurance. Refund requests must be made in writing.
Types of Policyholders Exempt or Partially Exempt from the Insurance Premium Surcharge pursuant to KRS 136.392(5):
•The federal government;
•Resident educational and charitable institutions qualifying under Section 501(c)(3) of the Internal Revenue Code;
•Resident nonprofit religious institutions for real, tangible, and intangible property coverage only;
•State government for coverage of real property; or
•Local governments for coverage of real property.
Also, Exempt from the Insurance Premium Surcharge:
•Premiums received by life and health insurers pursuant to KRS 136.392(1);
•Municipal premium taxes pursuant to KRS 136.392(1);
•Premiums received for accident and health insurance;
•Premiums received for federal insured crop insurance;
•Premiums received for federal insured flood insurance;
•Premiums received for reinsurance;
•Premiums received for title insurance; or
•Premiums received for workers’ compensation insurance.
Premiums collected for surety and bonds on public works projects are subject to the surcharge if the contractor is the policyholder. The fact that a governmental entity may be the obligee has no bearing on the application of the surcharge.
Filling out the Kentucky 74A118 form is a straightforward process intended for insurance companies to report and remit insurance surcharge collected from policyholders. It's a crucial step that ensures compliance with the Commonwealth of Kentucky's Department of Revenue requirements. Properly completing and timely submitting this form prevents any unnecessary penalties or interest charges due to late submissions. Here's how to accurately complete the form:
Once completed, sending the Kentucky 74A118 form on time is crucial. This action not only keeps the records up-to-date but also showcases the insurance company's commitment to adhering to state laws. Keeping a copy of the submitted document and any correspondence from the Department of Revenue is recommended for future reference. Accuracy, timeliness, and completeness are the keys to successfully navigating this requirement.
What is the Kentucky 74A118 form used for?
The Kentucky 74A118 form is a Monthly Insurance Surcharge Report required by the Department of Revenue for insurance companies operating in Kentucky. It's designed to ensure that insurers properly charge and collect a surcharge on most insurance premiums, assessments, or other charges collected, except those specifically exempted. This form assists in the consistent application of Kentucky's insurance surcharge laws, providing a structured means for reporting these amounts to the state.
Who needs to file the Kentucky 74A118 form?
Every domestic, foreign, and alien insurer, excluding life and health insurers, that collects premiums on risks located in Kentucky must file the Kentucky 74A118 form. This requirement applies regardless of whether the insurer's premiums are subject to or exempted from Kentucky insurance premiums taxes. Insurers must file for each period, whether monthly or annually, even if no premiums were collected during that time. Special filing guidelines apply to surplus lines, with filings made under the agency name and FEIN or, in certain cases, the Department of Insurance number.
What types of insurance premiums are exempt from the surcharge?
This list helps insurers determine which portions of their collected premiums should be calculated into the surcharge and which are exempt, ensuring accuracy in reporting and compliance with Kentucky law.
How are penalties and interest calculated for late filings or payments of the Kentucky 74A118 form?
The penalty for failing to file the insurance premium surcharge report by the due date is 2 percent of the surcharge due for each 30 days or fraction thereof that the report is late, up to a maximum of 20 percent, with a minimum penalty of $10. Similarly, the penalty for failing to pay the insurance premium surcharge by the due date is calculated at the same rates. Additionally, interest at the "tax increase rate" applies to all insurance premium surcharge liabilities not paid by the original due date, calculated from the original due date to the date of payment. These measures emphasize the importance of timely filing and payment, encouraging compliance with state regulations.
Filling out the Kentucky 74A118 Monthly Insurance Surcharge Report requires careful attention to detail to ensure accuracy and compliance with state regulations. Unfortunately, several common mistakes can lead to errors on the form, potentially resulting in penalties or delays.
Incorrect Account Number: One common error is the inaccurate entry of the account number. This number is crucial for the Kentucky Department of Revenue to identify the filer and properly credit the surcharge payment. Ensure the account number is double-checked against official documents to avoid processing issues.
Failure to Deduct Exempt Premiums: Often, filers overlook the need to deduct premiums that are not subject to the surcharge, including those for accident and health insurance, federal insured crop insurance, and workers' compensation, among others. As a result, the amount subject to surcharge may be erroneously inflated, leading to overpayment.
Incorrect Calculation of Surcharge: Calculating the surcharge due can be tricky, especially if the base amount subject to surcharge is not correctly determined. Remember, the surcharge is applied at the current rate of .018 to the amount subject to surcharge. Misinterpretation of this rate or calculation errors can significantly impact the surcharge due.
Omitting Adjustments: If there have been any adjustments, such as refunds or credits returned to policyholders on terminated policies, these must be included in the report. Failure to attach supporting documentation for adjustments can lead to discrepancies and potential challenges by the Department of Revenue.
Forgetting to Sign and Date the Form: An overlooked yet critical mistake is the failure to sign and date the form. The certification by a principal officer of the company attests to the accuracy and completeness of the report. An unsigned form is considered incomplete and may be rejected.
Avoiding these common mistakes requires diligent review and understanding of the form's requirements. It is beneficial to:
By paying close attention to these details, filers can ensure their Kentucky 74A118 form is correctly completed, thus avoiding unnecessary delays or penalties and staying in compliance with Kentucky's insurance regulations.
When preparing the Kentucky 74A118 Monthly Insurance Surcharge Report, insurers often find themselves interacting with a variety of other documentation. This process is critical in ensuring compliance with state regulations, managing financial reporting accurately, and fulfilling legal responsibilities in the insurance sector. Let’s take a closer look at four other forms and documents that are frequently used alongside the 74A118 form to streamline these processes.
To navigate the complex landscape of insurance regulatory requirements in Kentucky, it’s essential to understand how these documents work together. By ensuring that all relevant forms and documents are accurately completed and appropriately integrated, insurers can better manage their compliance efforts, leading to a more efficient and effective operation. Whether dealing with monthly surcharges, quarterly premiums, or annual financial health assessments, the interconnectedness of these documents plays a critical role in the overarching process of insurance reporting and regulation compliance.
The Kentucky 74A118 form, a Monthly Insurance Surcharge Report, has similarities with the Quarterly Federal Excise Tax Return (Form 720) used by the IRS. Both documents are used to report and calculate taxes or surcharges due for specific periods. Form 720 is filed quarterly and covers excise taxes on a wide range of goods and services, including some insurance policies. Like the 74A118 form, it requires detailed reporting of taxable amounts and calculates taxes due, along with adjustments and penalties as applicable. These forms share the objective of ensuring compliance with tax obligations related to insurance or other transactions.
Another related document is the Unemployment Insurance (UI) Tax Return that businesses file with their state's unemployment insurance program. This return, similar to the 74A118 form, involves reporting amounts related to payroll and calculating a due amount based on specific rates. While the UI Tax Return focuses on unemployment insurance contributions from employers based on their payroll, the 74A118 form deals with insurance surcharges. Both require detailed financial information regarding certain payments and involve calculations to determine the amounts due to governmental agencies.
The State Premium Tax Return, which insurance companies must file in many jurisdictions, also shares similarities with the Kentucky 74A118 form. This return involves reporting premiums received and calculating taxes due to the state based on those premiums. Like the 74A118, the State Premium Tax Return focuses on insurance activities and requires detailed premium information, exemptions, and adjustments. These forms ensure that insurance companies meet their state tax obligations related to their premium income.
Form 944, Employer's Annual Federal Tax Return, filed with the IRS, bears resemblance to the Kentucky 74A118 in that both are periodic tax-related filings required by government entities. Form 944 is designed for small employers to report withheld income tax and both employee and employer Social Security and Medicare taxes. Though the specifics of what's being reported differ, with Form 944 focusing on employment taxes and the 74A118 on insurance surcharges, both necessitate accurate reporting of financial transactions within a specific period and the calculation of a payment obligation.
The Sales and Use Tax Return, filed with state and local tax authorities, shares purposes with the Kentucky 74A118 form. Retailers use this form to report sales, calculate taxes collected from customers, and pay those taxes to the government. Similarly, the 74A118 form involves calculating and reporting a surcharge collected, in this case, related to insurance. Both forms play crucial roles in the collection and remittance of taxes or surcharges to governmental agencies, ensuring compliance with applicable laws and financial regulations.
When filling out the Kentucky 74A118 form, it's important to pay attention to detail to ensure accuracy and compliance. Here's a helpful list of dos and don'ts:
Remember, completing the form accurately and on time is crucial to comply with Kentucky state regulations and avoid unnecessary penalties. Paying close attention to exemptions and accurate calculations will ensure the correct surcharge is reported and remitted.
Many people find insurance forms and their requirements complex and confusing. This is true for the Kentucky 74A118 form, which has its own set of common misunderstandations. Here, we'll clarify a few of these misconceptions to provide a better understanding of the form's requirements and processes.
All insurance policies are subject to the surcharge. This is incorrect. The Kentucky 74A118 form specifically lists types of insurance that are exempt from the surcharge, including accident and health insurance, federal insured crop and flood insurance, reinsurance, title insurance, and workers’ compensation insurance. Knowing which policies are exempt can significantly impact the amount reported and the surcharge calculation.
The form is only for insurance companies based in Kentucky. This is not the case. The form must be completed by every domestic, foreign, and alien insurer that collects premiums on risks located in Kentucky, regardless of where the insurance company is based. The surcharge applies equally to any insurer operating within Kentucky, ensuring that all applicable risks are appropriately surcharged.
Monthly filing is mandatory for all insurers. Actually, there are exemptions to this rule. Insurers with an annual liability of less than $1,000 for each of the previous two calendar years may opt to report and remit all premium surcharge monies collected on a calendar year basis by January 20th of the following year, instead of filing monthly. This can reduce administrative burden for smaller or less active insurers.
The surcharge rate is flexible. On the contrary, the surcharge rate is a fixed percentage set by the state. As of the latest revision of the form, the rate is applied at .018 (or 1.8%) per $100 of premiums, assessments, or other charges collected. This rate ensures consistency across all reporting and makes it simpler for companies to calculate what they owe.
Penalties are negotiable. The penalties for late filing or payment are strictly defined by Kentucky statutes. The penalty for failing to file or pay the insurance premium surcharge by the due date is 2 percent of the surcharge due for each 30 days or fraction thereof that the report or payment is late, up to a maximum of 20 percent, with a minimum penalty of $10. These penalties are enforced to encourage timely compliance with the surcharge reporting requirements.
Understanding these aspects of the Kentucky 74A118 form can help insurers accurately fulfill their filing requirements, avoid unnecessary penalties, and ensure they are correctly applying the surcharge to applicable premium charges. When in doubt, referring directly to the official guidelines or seeking clarification from the Kentucky Department of Revenue can provide further assistance.
When preparing the Kentucky 74A118 form, it's crucial to ensure accuracy and completeness to comply with state requirements. Here are five key takeaways to guide you through this process:
Understanding these key aspects will help ensure that the Kentucky 74A118 form is completed accurately and submitted on time, thus avoiding penalties and interest charges. Additionally, remember to attach supporting documentation for any adjustments and maintain a copy of the form for your records.
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