Tax Rate
2.25%
Filing Frequency
Annual: Form 802 due March 1. Quarterly: Form 801 if annual tax liability exceeds $1,500 (due within 30 days after quarter end)
If premium tax liability is expected to exceed $1,500
Filing Method
portal
Requirements
Virginia eliminated the due diligence requirement - no declinations required. Producers must ensure coverage is not available from licensed insurers. Foreign insurers must have minimum $15M capital and surplus. Alien insurers must appear on NAIC Quarterly Listing.
Filing Steps
- 1No declination requirement - Virginia eliminated due diligence requirement
- 2Electronic filing required through Virginia Department of Taxation eForms portal
- 3Quarterly filing (Form 801) required if annual tax liability exceeds $1,500
- 4Quarterly affidavit required within 30 days after quarter end
- 5Notice to insured required on all policies
- 6Fire Programs Fund assessment of up to 0.025% applies to certain property coverages
- 7Marine insurance is exempt from surplus lines regulation
- 8Railroad rolling stock insurance is exempt
- 9Industrial insurance is exempt
- 10Workers compensation subject to different tax treatment
Required Forms
- Form 802 - Annual Surplus Lines Tax Report
- Form 801 - Quarterly Surplus Lines Tax Return (if liability > $1,500)
- Form 800ES - Estimated Tax Payment Voucher
- Notice to Insured (prescribed form)
- Quarterly Affidavit
Important Notes
Virginia offers a streamlined surplus lines process with no declination requirement, making it one of the more producer-friendly states. The elimination of the due diligence requirement significantly reduces administrative burden. However, producers must still ensure coverage is not available from licensed insurers and must maintain adequate records. The Fire Programs Fund assessment applies to certain property coverages. Electronic filing is required for all tax returns and affidavits.
Frequently Asked Questions
What is the surplus lines tax rate in Virginia?
The surplus lines tax rate in Virginia is 2.25%.
When is surplus lines tax due in Virginia?
If premium tax liability is expected to exceed $1,500
How do I submit surplus lines filings in Virginia?
portal