Untitled Texas Attorney General Opinion ( 1939 )

OFFICE dF THE ATTORNEY GENERAL
AUSTIN
January 20, 1.839
Bon. George Van Pleat
Aatuu-y of Board
Board o? Inauranoe CommI88Ionera
Auatln, Texas
Dear s. Van Fleet:
lltlyOf OOU81-
r annultlss.
pollths qu88tIon:
are taxable la, Title 78, In
view Of Art
he basinem
profit or proteotlon, 8h811 at the time of filing
it8 annual 8tatemnt, report to th8;~qmmIsrion o?
Inruranos the gzro88 amount a? prwai~8 reooIr8d
from~or upon the liter of per8ons r88lding or
domlollsd In thI% 8tats during the preaedlng year
Hon. George Van Fleet, January 20, 1039, Pa&e 2
and each Of suoh nOup of individuals, 80010ty,
a88OoiatiOn, of OOrpOratiOn 8hall pay an annual
tax of one-half of one peroent of auah gross pre-
mium reoelpta provided, however that thle tax
ohall not apply to looal mutual aid aesooistlons,
or fraternal or benefit sooleties or organizationa.
ma.......*
Art1018 4769, Revieed Civil Statutes of Texas, reads
a8 f0110w8:
- L
*Report of gro8r rsoeipte. - Each life insur-
anoe oanpany not organized under the hW8 of this
8tqte, transacting bU8ine88 In this State, ahall
annually on or before the f$r8t day of Maroh, make
a report to tb Commieeioner, whloh report shall
be srrornto by either the prerident or .vioe-pre8ident
and seoretarp or trearrurorof 8uoh oompany, whloh
8ha11 show the gro88 amOUlltOf premium8 OOlleOted
during the year ending on Daoember 318t, preoedlng,
from oltlzene 0r th18 rtate upon polIoIe8 of ln8ur-
anoe . Isto......*
The 0888 of Daniel et al te. Life Insuranoe Company
of Virginia, 102 SW (2nd).257, olted by yo9 In your lbtter,
holda:
*OonsIderatIone pal6 by annuity oontraot8 are
not premium8 on pOlIOIe8 of In8uranoe. within rtatute
lerglng oaoupatlon tax on foreign life in8uranoe oom-
panie8 doing businese In state measured by go88
amount Of 8uoh preariuE8oolleoted from OitiZen8 Of
this 8tate.*
You will note that $he title of Artiole 7064a
quoted above I8 as follo*rsr
- 'Oooupatlon tax; life, health and aooldent
Insuranoe premiums; reports, exoeptiona; deduo-
tions;.doxibzistio
oOmpanie8.*
You are, therefore, reqmotfully advised that it I8
. the opinion of thle Department that oonsi~era~loue paid to a
Ten8 life Ineurqnoe oompany for annuities on the life Of or
.
*
Hon. George Van Fleet, January SO, lOsO, Page 3
purohared by 8 oitizeu~of Texas are not insuranoe p~!d\n8
add 8re not taxable under Artiole ?064a, Revised 01~11 Sta-
tute8 of the State of Texn8.
Very truly your8
ATTORNEY GEKERAL OF TEXAS
.
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