MontanaSB 6069th Legislature, Regular Session (2025)SenateWALLET

Revise insurance premium taxes for certain captive insurers

Sponsored By: Mark Noland (Republican)

Became Law

InsuranceTaxation (Generally)Revenue, State

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Minimums, caps, and grouping for captives

Beginning Jan 1, 2026, if total premium and reinsurance taxes are under $5,000, a captive pays a $5,000 minimum. In the first authorized year the minimum is prorated by quarter: $5,000 (Q1), $3,750 (Q2), $2,500 (Q3), or $1,250 (Q4); in a surrender year it reverses: $1,250 (Q1), $2,500 (Q2), $3,750 (Q3), or $5,000 (Q4). Most captives have a $100,000 annual cap, but not protected cell captives or special purpose captive LLCs with series. Each protected cell is taxed separately, any non‑cell risks count toward the company’s total, and in series LLCs each series is separate but the $5,000 minimum applies across all series together. Captives under common ownership are taxed as one; common control means at least 80% of voting stock (stock) or 80% of surplus and voting power (mutual).

Premium tax rules for captive insurers

Beginning Jan 1, 2026, captive insurers pay tax on direct premiums at 0.4% on the first $20 million and 0.3% above that. They can deduct return premiums, including dividends on unabsorbed premiums or premium deposits credited to policyholders. They also pay tax on assumed reinsurance premiums at 0.225% on the first $20 million, 0.150% on the next $20 million, and 0.050% after that. No reinsurance tax applies to amounts already taxed directly, or to assumptions made in exchange for assets to wind down a related insurer while keeping the business with the captive. Taxes are figured each calendar year, multiyear premiums are prorated by year, and payment is due to the Commissioner by March 1 for the prior year.

Sponsors & Cosponsors

Sponsor

  • Mark Noland

    Republican • Senate

Cosponsors

  • Ed Buttrey

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 288 • No: 7

Senate vote 4/9/2025

Do Concur

Yes: 95 • No: 2

Senate vote 3/25/2025

Do Concur

Yes: 98 • No: 1

Senate vote 2/14/2025

Do Pass

Yes: 50 • No: 0

Senate vote 2/7/2025

Do Pass

Yes: 45 • No: 4

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025Senate
  2. Signed by Governor

    5/8/2025Senate
  3. Transmitted to Governor

    4/30/2025Senate
  4. Signed by Speaker

    4/29/2025House
  5. Signed by President

    4/21/2025Senate
  6. Returned from Enrolling

    4/11/2025Senate
  7. Sent to Enrolling

    4/9/2025Senate
  8. 3rd Reading Concurred

    4/9/2025House
  9. Committee Report--Bill Concurred

    4/8/2025House
  10. Committee Executive Action--Bill Concurred

    4/8/2025House
  11. Hearing

    3/25/2025House
  12. Rereferred to Committee

    3/25/2025House
  13. 2nd Reading Concurred

    3/25/2025House
  14. Committee Report--Bill Concurred

    3/21/2025House
  15. Committee Executive Action--Bill Concurred

    3/21/2025House
  16. Hearing

    3/6/2025House
  17. First Reading

    2/17/2025House
  18. Referred to Committee

    2/17/2025House
  19. Transmitted to House

    2/14/2025Senate
  20. 3rd Reading Passed

    2/14/2025Senate
  21. Committee Report--Bill Passed

    2/12/2025Senate
  22. Committee Executive Action--Bill Passed

    2/11/2025Senate
  23. Hearing

    2/7/2025Senate
  24. Rereferred to Committee

    2/7/2025Senate
  25. 2nd Reading Passed

    2/7/2025Senate

Bill Text

  • Enrolled

    4/15/2025

  • Introduced

    12/16/2024

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