State ex rel. Hopkins v. Travis

Citations

• 108 Kan. 257
• 195 P. 182
• 1921 Kan. LEXIS 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>' 1. Taxation — Insurance—Gross Premium Tax 'Not Collectible on Reinsurance Contracts. Under sections 5467-5469 of the General Statutes of 1915, which exact from fire-insurance companies a tax of two or four per cent of all the premiums received on account of business done in this state, it is held that this statutory percentage is collectible but once and no more; and additional exactions of such tax upon these premiums cannot be made upon divisions of those premiums among other insurance companies under reinsurance contracts whereby the latter undertake to indemnify the original insurance company or aid it in carrying the risks for which the premiums were originally paid.</p> <p>2. Same — Manner of Collecting Tax on Insurance Premium — Within Discretion of Superintendent of Insurance. It is within the sound administrative discretion of the superintendent of insurance to direct and require that the statutory tax be paid in the most direct, convenient and accurate way for the efficient conduct of his departmental business.</p>