Tennessee Property and Casualty Surplus Lines Licenses and Premium Tax Changes
On November 7, 2023, Tennessee Department of Commerce & Insurance published changes to license fees and terms for individuals. Please see below for updated sections.
**Who May be Licensed**
**Nonresident - Individual**
1\. Applicant must be a licensed nonresident insurance
producer.
**License Fee and Term Section**
**Resident - Individual**
1\. Initial license application fee is $120. Renewal fee
is $120.
2\. License term is 24 months, running concurrently with the
underlying producer license. The license expires on the last
day of the producer's birth month.
3\. Initial license applications can be submitted either
electronically through the National Insurance Producer
Registry (NIPR) or by mailing a paper application to the
Department of Insurance. License renewals must be submitted
through the NIPR.
4\. Comprehensive licensing information is available at the
following website:
`https://bit.ly/3QwEovA`
a. For a link to the NIPR, click on "Insurance Producer"
then click on "Link to NIPR".
b. For information specific surplus lines agent licenses and
the paper application, click on "Surplus Lines Agent"
then click on "Surplus Lines Agent Licensing Packet".
**Nonresident - Individual**
1\. Initial license application fee is $120. Renewal fee
is $120.
2\. License term is 24 months, running concurrently with the
underlying producer license. The license expires on the last
day of the producer's birth month.
3\. Initial license applications can be submitted either
electronically through the National Insurance Producer
Registry (NIPR) or by mailing a paper application to the
Department of Insurance. License renewals must be submitted
through the NIPR.
4\. Comprehensive licensing information is available at the
following website:
`https://bit.ly/3QwEovA`
a. For a link to the NIPR, click on "Insurance Producer"
then click on "Link to NIPR".
b. For information specific surplus lines agent licenses and
the paper application, click on "Surplus Lines Agent"
then click on "Surplus Lines Agent Licensing Packet".
**Affidavit Requirements**
**General Provisions**
1\. For insureds whose home state is Tennessee, insurance
coverage is not eligible for placement as surplus lines
insurance unless the full amount of coverage required is
not procurable, after a diligent effort has been made to do
so, from authorized insurers in Tennessee.
a. The amount of insurance eligible for surplus lines is
only the amount in excess of the amount procurable from
authorized insurers.
b. In order to satisfy the diligent effort standard, a
specified number of authorized insurers that actually
write the type of insurance sought must decline to insure
the risk.
c. The required number of declinations (either 1 or 3)
depends on the type of insurance sought. A document
setting out the required number of declinations is available at the following website:
`https://bit.ly/3FHeiQy` Click on "Tennessee Surplus Lines Declination Requirement".
3\. Within 30 days of the effective date of a new or renewal
policy, or upon the execution of an endorsement on a new or
renewal policy, the surplus lines agent must electronically
file the policy details through the Surplus Lines Information
Portal (SLIP) of the SLAS Clearinghouse.
a. The surplus lines agent must report the coverage code,
transaction type, effective and expiration dates,
insurer, premium, and policy fees for the policy.
b. SLIP can be accessed at the following website:
`https://bit.ly/3FFOX9F`
4\. On a quarterly basis, the surplus lines agent must
electronically submit an affidavit through SLIP attesting that
each policy placed or renewed pursuant to the surplus lines
law, and each policy endorsement, was eligible for such
placement.
a. The surplus lines agent files a single affidavit to
cover all policies submitted through SLIP during the
preceding calendar quarter.
b. Affidavits are due as follows:
POLICIES SUBMITTED DURING AFFIDAVIT DUE DATE
Q1. January 1 - March 31 May 15
Q2. April 1 - June 30 August 15
Q3. July 1 - September 30 November 15
Q4. October 1 - December 31 February 15
5\. Additional information related to reporting of policy
details and submission of affidavits is available at the
following website:
`https://bit.ly/3FHeiQy` Click on
"Surplus Lines Filing Procedures".
**Fees**
A SLIP transaction fee of 0.175% of gross premiums is owed for all
surplus lines policies.
REPORTING FORM AND PAYMENT OF TAX
Item deleted.
1\. At the end of each calendar quarter, a surplus lines agent
will receive an invoice in SLIP detailing the taxes and fees
owed for policies reported during the preceding quarter. The
schedule for surplus lines tax and clearinghouse transaction
fees invoicing is as follows:
FILINGS RECEIVED DURING INVOICES ISSUED PAYMENT DUE DATE
Q1. January 1 - March 31 April May 15
Q2. April 1 - June 30 July August 15
Q3. July 1- September 30 October November 15
Q4. October 1- December 31 January February 15
2\. Taxes must be paid to the Department via ACH transaction in
SLIP. The SLIP transaction fee can be paid to the SLAS
Clearinghouse either via ACH transaction in SLIP or by check.
3\. Additional information related to payment of taxes and fees is
available at the following website:
`https://bit.ly/3FHeiQy`
Click on "Surplus Lines Filing Procedures".
10\. A surplus lines agent that needs to report transactions or
pay taxes on policies effective prior to 10/01/2016 should
email surplus.lines@tn.gov for instructions on filing
procedures.
Our compliance experts are constantly searching for and analyzing industry updates.
Their findings are then recorded in the Regulatory Updates section of the Compliance
Library to explain how the update impacts the insurance industry. If a change
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updated to ensure you remain in compliance.