Surplus Line Filing Procedures, Rules & General Information

Fees, Penalties & Interest for Late Filing of Tax Statements and Late Payment of Taxes

Illinois law provides for penalties and interest if an Illinois surplus line producer fails to file a surplus line tax statement or fire marshal tax statement by the due date and/or fails to pay the full amount due by the due date.  If you need copies of your tax statements so that you can file them, you can reprint them on the EFS or you can contact the Association to obtain copies.

Illinois law also provides for penalties and interest if an Illinois industrial insured who has procured insurance directly from an unauthorized insurer fails to make a required filing by the due date and/or fails to pay the full tax amounts due by the due date.

The penalties and interest are assessed by the Illinois Department of Insurance, not by the Surplus Line Association.  The Surplus Line Association does not have the authority to waive or adjust penalties and interest.

Tax statements and payments are deemed received as of the date mailed as evidenced by a postmark or other evidence acceptable to the Director of the Illinois Department of Insurance.

Summary

Different fees and penalties apply to a tax statement whose original due date was prior to 8/4/2023.

Click here to see the old rules.

The following chart is a summary of Fees, Penalties & Interest for Late Filing and Late Payment.

There are three separate areas where the law imposes fees, penalties and/or interest:

1. Late Filing Fee/Penalty;
2. Late Payment Fee/Penalty; and
3. Late Payment Interest.

A tax statement that is filed late, but has no tax due, is subject only to a Late Filing Fee/Penalty. Where a tax statement has tax due, and both the filing and the payment are late, it is subject to all three late charges.

Different fees and penalties apply to a tax statement whose original due date was prior to 8/4/2023.

Click here to see the old rules.

Details

Below are excerpts from the sections of the Illinois Insurance Code that impose the fees, penalties and interest described above.

Late Filing Penalty

Illinois surplus line producers must file surplus line tax and fire marshal tax statements by the prescribed due dates whether any tax is due or not.  A penalty is assessed for failure to file by the due date.  Paragraph (2)(b) of Section 412 of the Illinois Insurance Code [215 ILCS 5/412(2)(b)] states that:

(b) When any industrial insured or surplus line producer fails to file any tax return [...] on the date prescribed, including any extensions, there shall be added:

(i) as a late fee, if the return or report is received at least one day but not more than 15 days after the prescribed due date, $50 or 5% of the tax due, whichever is greater, the entire fee not to exceed $1,000;

(ii) as a late fee, if the return or report is received at least 16 days but not more than 30 days after the prescribed due date, $100 or 5% of the tax due, whichever is greater, the entire fee not to exceed $2,000; or

(iii) as a penalty, if the return or report is received more than 30 days after the prescribed due date, $100 or 5% of the tax due, whichever is greater, for each month or part of a month of failure to file, the entire penalty not to exceed $500 or 30% of the tax due, whichever is greater.

Late Payment Penalty

The amount due on the surplus line or fire marshal tax statement is based on the filings made with the Surplus Line Association of Illinois in the preceding 6 months (surplus line tax) or calendar year (fire marshal tax).  Failure to pay the full amount shown on the tax statement prepared by the Surplus Line Association by the prescribed due date will result in a a late payment penalty.  Paragraphs (3)(a-5) and (3)(b) of Section 412 of the Illinois Insurance Code [215 ILCS 5/412(3)(a-5) & (3)(b)] state that:

(a-5) When any industrial insured or surplus line producer fails to pay the full amount due under [...] Sections 121-2.08 or 445 of this Code, or Section 12 of the Fire Investigation Act on the date prescribed, there shall be added:

(i) as a late fee, if the payment is received at least one day but not more than 7 days after the prescribed due date, 10% of the tax due, the entire fee not to exceed $1,000;

(ii) as a late fee, if the payment is received at least 8 days but not more than 14 days after the prescribed due date, 10% of the tax due, the entire fee not to exceed $1,500;

(iii) as a late fee, if the payment is received at least 15 days but not more than 21 days after the prescribed due date, 10% of the tax due, the entire fee not to exceed $2,000; or

(iv) as a penalty, if the return or report is received more than 21 days after the prescribed due date, 10% of the tax due.

(b) If such failure to pay is determined by the Director to be wilful, after a hearing [...], there shall be added to the tax as a penalty an amount equal to the greater of 50% of the deficiency or 10% of the amount due and unpaid for each month or part of a month that the deficiency remains unpaid commencing with the date that the amount becomes due. Such amount shall be in lieu of any determined under paragraph (a) or (a-5).

Late Payment Interest

Late payment interest is added to any amount not paid by the prescribed due date.  Section 412(4) of the Illinois Insurance Code [215 ILCS 5/412(4)] states that:

Any insurance company, industrial insured, or surplus line producer that fails to pay the full amount due [...] is liable, in addition to the tax and any late fees and penalties, for interest on such deficiency at the rate of 12% per annum, or at such higher adjusted rates as are or may be established under subsection (b) of Section 6621 of the Internal Revenue Code, from the date that payment of any such tax was due, determined without regard to any extensions, to the date of payment of such amount.