(A) License fee. The license fee imposed upon each insurance company which issues any insurance policy which is not a life insurance policy shall be 8% of the premiums actually collected within each fiscal quarter by reason of the issuance of such policies on risks located within the corporate limits of the city on those classes of business which such company is authorized to transact, less all premiums returned to policyholders; however, any license fee or tax imposed upon premium receipts shall not include premiums received for insuring employers against liability for personal injuries to their employees, or death caused thereby, under the provisions of the Worker’s Compensation Act and shall not include premiums received on policies of group health insurance provided for state employees under KRS 18A.225(2), and shall not include premiums received on other policies of health and/or accident insurance.
(B) Request for refund.
(1) Generally. No insurance company or broker shall be entitled to a refund for any tax erroneously paid pursuant to the terms of this section, unless the request for refund be made to the city in writing within 18 months of the end of the calendar year on which said tax is paid. Additionally, requests shall be accompanied by documentation supporting said request which shall include at least the following:
(a) The name and physical address of each and every insured upon whom tax was erroneously paid;
(b) The type of risk being insured against;
(c) The amount of the insurance tax allegedly erroneously paid with accompanying proof that the tax was paid to the city by the insurer; and
(d) Such other information as may be reasonably requested by the city.
(2) Refund in the form of credit against future taxes owed. The city, in its sole discretion, may elect to allow or not to allow an insurer to take a “refund” in the form of a credit against future taxes owed for any established and confirmed overpayment.
(KRS 91A.080(3), (10)) (2002 Code, § 113.03) (Ord. C-1-91, passed 6-4-1991; Ord. 2004C-02, passed - -; Ord. 2004C-02, passed 4-28-2004)