Section 1512. Exemptions  


Latest version.
  • (a) This article shall not apply to:
        (1)  the  government  of  the  United  States,  or  of  any  state  or
      municipality thereof, or any instrumentality of any such government;
        (2)   any   charitable,   religious,   missionary,   educational    or
      philanthropic  non-stock  corporation that would have been excepted from
      the classification of the business of insurance by section nine  of  the
      insurance  law  in  effect  immediately prior to January first, nineteen
      hundred forty, or any person,  firm,  corporation  or  association  that
      would  have  been  exempted  from  the provisions of article six of such
      insurance law by section two hundred fourteen thereof, or exempted  from
      the  provisions  of  article  seven of such insurance law by section two
      hundred forty-five thereof;
        (3) any retirement system or pension fund which  does  exclusively  an
      annuity business;
        (4)  any  non-profit  medical  expense  indemnity  or hospital service
      corporation organized under article forty-three of the insurance law;
        (5) any incorporated or unincorporated fraternal benefit  society,  or
      in  the  event  of  (i) the conversion of any such society into a mutual
      life insurance company or (ii) the reinsurance of the business  of  such
      society  by  the  superintendent  of  insurance  pursuant to an order of
      liquidation, the premiums payable under insurance  benefit  certificates
      issued by such society prior to the conversion or reinsurance;
        (6)  any  corporation  for  the  insurance  of domestic animals on the
      cooperative or assessment plan, organized under the laws of this  state;
      and
        (7)  a  town or county cooperative insurance corporation as heretofore
      contemplated by section one hundred  eighty-seven  of  this  chapter  in
      effect   immediately   prior   to   January   first,   nineteen  hundred
      seventy-four.
        (8) any not-for-profit voluntary  employees'  beneficiary  association
      which  is exempt from federal income tax pursuant to section 501 (c) (9)
      of the United States internal revenue code, the  members  of  which  are
      employees  or  the  beneficiaries  or  dependents  of the employees of a
      single employer or an affiliated group of  employers.  For  purposes  of
      this  paragraph,  an  affiliated  group shall mean one or more chains of
      corporations connected through stock ownership with a common  parent  if
      (i) eighty percent or more of the voting stock of each corporation other
      than  the  common  parent  is owned directly by one or more of the other
      corporations and (ii) eighty percent or more of the voting stock  of  at
      least  one  of  the  corporations  other than the common parent is owned
      directly by the common parent.
        (9)  any  nonprofit  property/casualty  insurance  company   organized
      pursuant  to  section  six thousand seven hundred three of the insurance
      law.
        (10) any nonprofit health maintenance organization required to  obtain
      a certificate of authority under article forty-four of the public health
      law.
        (b) The tax imposed by section fifteen hundred ten shall not apply to:
        (1) any insurance on property or risks located or resident outside the
      state  of New York written by a fire or life insurance company organized
      and operated, without profit to any private shareholder  or  individual,
      exclusively  for  the  purpose  of  aiding and strengthening charitable,
      religious, missionary, educational  or  philanthropic  institutions,  by
      issuing  insurance  and  annuity contracts only to or for the benefit of
      such institutions, to  individuals  engaged  in  the  services  of  such
      institutions,   and  to  members  of  the  immediate  families  of  such
      individuals;
    
        (2) any insurance on risks resident outside of the state of  New  York
      written  by  a  life  insurance company which has been organized for the
      purpose of establishing a  non-profit  voluntary  employees  beneficiary
      association  to  provide  life,  sick,  accident  or  other  benefits to
      eligible  employees  or their beneficiaries, is operated exclusively for
      said purposes and without profit, direct or  indirect,  to  any  private
      shareholder  or  individual,  and  is  duly  exempt from income taxation
      pursuant to the United States internal revenue code; or
        (3)  except  in  the  case  of  foreign  and  alien  title   insurance
      corporations,  premiums,  other  than  those  for  accident  and  health
      insurance, written, procured or received in this state for insurance  on
      property or risks located or resident outside the United States.
        (c) The taxes imposed by sections fifteen hundred one, fifteen hundred
      two-a,  and  fifteen  hundred ten of this article shall not apply to any
      corporation, association, joint stock company  or  association,  person,
      society,  aggregation  or  partnership  doing an insurance business as a
      member of the New York  insurance  exchange  described  in  section  six
      thousand   two   hundred   one  of  the  insurance  law.  However,  such
      corporations,  associations,  joint  stock  companies  or  associations,
      persons,   societies,  aggregations  or  partnerships  must  compute  an
      allocated entire net income pursuant to sections fifteen  hundred  three
      and  fifteen  hundred  four of this article and transmit a return to the
      tax commission pursuant to  section  fifteen  hundred  fifteen  of  this
      article.