Tax Rate
3.60%
Filing Frequency
Annual: Due March 15 for prior calendar year
March 15 annually for prior calendar year
Filing Method
portal
Format: Electronic - ELANY
Requirements
Annual surplus lines tax filing due March 15 for prior calendar year. Electronic filing required through ELANY. 3.6% surplus lines tax plus 0.15% ELANY stamping fee. Part A and Part C affidavits required. Policy stamping in 10-point bold type required. Three declinations required unless export list or ECP exemption.
Filing Methods
- Online Portal
- Mail (with prior approval)
Filing Steps
- 1All policies MUST be stamped by ELANY before delivery to insured
- 2Electronic filing required through ELANY portal
- 310-point bold type required for policy notice language
- 4Part A and Part C affidavits required - Part B NOT required
- 5Notice of Excess Line Placement must be provided to insured at time of placement
- 6Three declinations required unless coverage on export list or ECP exemption applies
- 7Ocean marine insurance exempt from surplus lines regulation but must use licensed producer
- 8Policy fees charged by insurer are subject to 3.6% tax
- 9Binding authorities must be filed with ELANY
- 10New York law applies to policy interpretation for NY property
- 11Personal lines cancellation provisions apply to excess line policies
Required Forms
- Part A Affidavit
- Part C Affidavit (if producing broker involved)
- Notice of Excess Line Placement
- Declaration page or cover note (within 45 days)
- Binding authority agreements (if applicable)
Common Issues to Avoid
- Policy delivered without ELANY stamp (unlawful)
- Part B affidavit submitted (not required in NY)
- Notice of Excess Line Placement not provided to insured
- Policy notice not in 10-point bold type
- Declinations not obtained when required (non-export list, non-ECP)
- Policy fees not reported as taxable premium
- Binding authority not filed with ELANY
- Filing documents after 45-day deadline
- Using non-ELANY approved insurer without ELANY vetting
Helpful Tips
- Contact ELANY early in placement process for guidance
- Verify insurer is on ELANY list or obtain ELANY approval before binding
- Use ELANY electronic portal for all filings to ensure timely stamping
- Export list eliminates declination requirement - check list before obtaining declinations
- ECP designation can waive declinations - obtain written ECP permission
- Calculate both 3.6% tax and 0.15% ELANY fee separately
- Ocean marine placements do not require excess line broker license
- File binding authorities with ELANY before exercising authority
- Producer service fees are NOT taxable, but insurer policy fees ARE taxable
- New York personal lines cancellation laws apply - follow proper notice requirements
Important Notes
New York has Excess Line Association (ELANY) - mandatory for all excess line transactions. All policies must be stamped by ELANY. ELANY conducts financial examinations and maintains eligible insurer list. New York law applies to policy interpretation. Ocean marine insurance exempt from surplus lines regulation.
Frequently Asked Questions
What is the surplus lines tax rate in New York?
The surplus lines tax rate in New York is 3.60%.
When is surplus lines tax due in New York?
March 15 annually for prior calendar year
How do I submit surplus lines filings in New York?
portal