Tax Rate
3.00%
Filing Frequency
annual
March 1 annually for all business written during the previous calendar year
Filing Method
portal
Format: OPTins electronic format
Requirements
Wisconsin surplus lines agents must file annual tax reports by March 1. The tax rate is 3% of gross premium and is the joint responsibility of the broker and policyholder. CRITICAL: Filings must list the INDIVIDUAL SURPLUS LINES AGENT, not the agency name. Alien insurers must be on the NAIC Quarterly Listing. Foreign insurers must have minimum $15M capital/surplus. Tax exemptions apply only to Indian Tribes and federally chartered credit unions.
Filing Methods
- OPTins Electronic System
- Mail with Check
Filing Steps
- 1⚠️ CRITICAL: MUST list individual surplus lines agent name - DO NOT use agency name
- 2All policies must have the required Wisconsin surplus lines stamp affixed
- 3Tax rate is 3% on gross premium (premium plus any fees)
- 4Tax is joint responsibility of broker and policyholder
- 5File by March 1 for all business from previous calendar year
- 6Can file through OPTins system (optins.org) or mail with check
- 7Make checks payable to Commissioner of Insurance
- 8If no business written, return form marked "No Business Written"
- 9Keep records for 5 years - open to commissioner examination
- 10Tax exemptions ONLY for Indian Tribes and federally chartered credit unions
Required Forms
- OCI 27-015 - Surplus Lines Tax Report
- Policy with Required Stamp Language
Common Issues to Avoid
- Using agency name instead of individual agent name (MOST COMMON ERROR)
- Missing required policy stamp language
- Failing to collect 3% tax from policyholder
- Missing March 1 deadline
- Attempting to claim unauthorized tax exemptions
- Incomplete agent information on filing
Helpful Tips
- Set up OPTins account for easier electronic filing
- Use the individual agent license number, not agency license
- Stamp policies immediately to ensure compliance
- Collect tax from policyholder at time of policy issuance
- File even if no business written - mark form accordingly
- Keep detailed records accessible for 5-year retention period
- Round tax to nearest dollar on form
- Submit early to avoid March 1 rush
Important Notes
Wisconsin DOES NOT maintain a list of eligible surplus lines insurers, export list, or have a surplus lines association. The commissioner stopped evaluating financial statements for insurer lists. Alien insurers must be on the NAIC Quarterly Listing of Alien Insurers. Foreign (US) insurers must have minimum $15M capital and surplus (can be waived to $4.5M minimum by commissioner). Wisconsin allows domestic surplus lines insurers. Medical malpractice policies for Wisconsin Injured Patients and Families Compensation Fund must use insurers licensed in Wisconsin or approved risk retention groups.
**MAJOR CHANGE - OPTins Mandatory April 15, 2025:**
• All premium tax payments must use OPTins starting Q1 2025 (due April 15)
• Transaction fee: $17.50 per filing (non-refundable, charged by NAIC)
• Registration takes 7-10 business days - register early
• Annual filing March 1, 2026 will be first full year on OPTins
• Contact: [email protected] or (816) 783-8787
**No Eligible Insurers List:** Discontinued March 31, 2004. Brokers must independently evaluate insurer financial condition.
**Quarterly Estimated Payments:** April 15, June 15, September 15, December 15
**Required Stamping:** "This insurance contract is with an insurer which has not obtained a certificate of authority to transact regular insurance business in the state of Wisconsin, and is issued and delivered as a surplus line coverage pursuant to s. 618.41 of the Wisconsin Statutes."
**Contact:** [email protected]
Frequently Asked Questions
What is the surplus lines tax rate in Wisconsin?
The surplus lines tax rate in Wisconsin is 3.00%.
When is surplus lines tax due in Wisconsin?
March 1 annually for all business written during the previous calendar year
How do I submit surplus lines filings in Wisconsin?
portal