Each state regulates excess lines differently. And keeping up with changing tax rates and regulation for each state is half the challenge of excess lines. If you’re planning to file excess lines taxes in New York, here are a few things you need to know.
Part C and NELP Forms Must Be Completed by the Correct Retail Producer
When administered properly, the Notice of Excess Line Placement (NELP) form provides protection to brokers. It can prevent DFS inquiry, a coverage contest or an errors and omissions suit.
The Part C and NELP forms must be completed by the retail producer holding the correct BR- type license. When this producer is different from the Surplus Lines Broker, the Part C and NELP forms must be submitted to ELANY for review policy documents. You can find additional information about this requirement here. You can also reference the Part C - Affidavit by Producing Broker here.
ELANY Accepts Binder Filings To Avoid Late Filing Penalty
ELANY does accept binder filings to stop the clock when a filing is considered past due in order to avoid the late filing penalty. However, ELANY does not consider the filing complete until the dec page has been submitted for stamping. Additionally, the policy is not complete until the stamped dec page has been added to the policy and then presented to the insured. You can reference this ELANY publication to find more information on this policy.
Use a New York Tax Calculator
Balancing changing tax rates and compliance regulations for New York can be challenging. To make your work easier, try using a New York tax calculator. Using this automation tool can simplify your filing process and help keep you compliant.
Use a New York State E-Filing Tool
Traditional methods of filing excess lines taxes involve manually submitting individual transactions to the state excess lines filing platform. For New York, this state platform is ELANY.
Not only is this time and labor-intensive, but it also introduces an increased risk of errors caused by misentered data. This can lead to state tags, missed deadlines and duplicated efforts as corrections are made, and additional penalties and fees. State E-Filing tools can eliminate these issues and significantly increase filing efficiency.
A State E-File Tool allows agencies to submit large volumes of filings directly to eligible states within a single transaction. This allows for faster, more accurate filing.
Conclusion
Excess Lines filing requirements in New York are different from the filing requirements in other states. With this list as your guide, you now know some important things to look out for. You’re ready to make filing excess lines in New York easier.
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