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Session Laws, 1988
Volume 770, Page 3091   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 394
Article 48A - Insurance Code
61.

(1)  When by or pursuant to the laws of any other state or
foreign country any taxes, licenses and other fees, in the
aggregate, and any fines, penalties, deposit requirements or
other material obligations, prohibitions or restrictions are or
would be imposed upon Maryland insurers, or upon the agents or
representatives of such insurers, which are in excess of such
taxes, licenses and other fees, in the aggregate, or which are in
excess of the fines, penalties, deposit requirements or other
obligations, prohibitions, or restrictions directly imposed upon
similar insurers, or upon the agents or representatives of such
insurers, of such other state or country under the statutes of
this State, so long as such laws of such other state or country
continue in force or are so applied, the same taxes, licenses and
other fees, in the aggregate, or fines, penalties or deposit
requirements or other material obligations, prohibitions, or
restrictions of whatever kind shall be imposed by the
Commissioner upon the insurers, or upon the agents or
representatives of such insurers, of such other state or country
doing business or seeking to do business in Maryland. Any tax,
license or other fee or other obligation imposed by any city,
county, or other political subdivision or agency of such other
state or country on Maryland insurers or their agents or
representatives shall be deemed to be imposed by such state or
country within the meaning of this section. All taxes imposed by
this section that are not paid within 30 days after the
Commissioner issues the notice of the amount due are subject to a
penalty of 5 percent and interest at the rate determined under
Article 81, § 204 of the Code for each month from the date of the
notice that the tax was due.

(2)  This section shall not apply as to personal income
taxes, nor as to ad valorem taxes on real or personal property,
nor as to special purpose obligations or assessments imposed by
another state in connection with particular kinds of insurance
other than property insurance, nor as to assessments imposed by
insurance guaranty associations or similar organizations in
another state; except that deductions, from premium taxes or
other taxes otherwise payable, allowed on account of real estate
or personal property taxes paid shall be taken into consideration
by the Commissioner in determining the propriety and extent of
retaliatory action under this section.

(3)  For the purposes of this section and subject to the
provisions of subsection (4) the domicile of an alien insurer,
shall be that state in which is located his principal place of
business in the United States.

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Session Laws, 1988
Volume 770, Page 3091   View pdf image
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