PURPOSE: This rule recognizes that flexible payment deferred annuities differ from traditional fully guaranteed fixed-premium, fixedbenefit annuity contracts in that the full risk on the contract may be indeterminable and not attach to the insurer, and the total premium is not paid until it is applied to provide annuity payment.

1. (1) Definition. A flexible payment deferred annuity is defined as a contract which provides for the payment of a guaranteed or variable annuity, or both, with the amount of the annuity determined not at date of issue but at the annuity commencement date and by the value at that time of the total payments made. The number of these payments are not specified in the contract, but are determined by the contract holder within a range acceptable to the insurance company. These contracts may also specify guaranteed minimum nonforfeiture values and annuity rate guarantees either for the life of the contract or guaranteed lesser period.
2. (2) Reporting Premiums for Premium Tax Purposes. Insurers writing flexible payment deferred annuities as defined may consider as premiums received for those contracts, within the meaning of sections 148.310–148.430, RSMo, the amount actually applied at the annuity commencement date to provide the annuity. The premiums received shall be equal to the value of the contract on the annuity commencement date applied to provide a guaranteed or variable annuity.

3. (3) Insurers Previously Reporting Under Paid-In Approach.

   1. (A) Any insurer previously reporting premiums on the paid-in approach (that is, reported the premium upon receipt), in the event of withdrawal of funds before their application to an annuity, may deduct the amount withdrawn as return of premiums with the meaning of sections 148.310– 148.430, RSMo. Any insurer so reporting shall make a separate return showing the amounts of funds withdrawn, the tax year for which premium tax was paid on those funds and the date reported for taxation purposes.
   2. (B) If an insurer using the paid-in approach subsequently adopts the pay-out approach or vice versa, it shall so signify on the premium tax return covering premiums for that calendar year.

AUTHORITY: sections 148.310, 148.320, 148.330, 148.340, 148.350, 148.360, 148.370, 148.380, 148.390, 148.400, 148.410, 148.420, 148.430, 374.045, and 376.350, RSMo 2016.* This rule was previously filed as 4 CSR 190-11.130. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Oct. 30, 2018, effective April 30, 2019.

*Original authority: 148.310, RSMo 1939, 1945; 148.320, RSMo 1939, amended 1947, 1971, 1982; 148.330, RSMo 1939, amended 1941, 1945, 1982, 1996, 2004, 2008; 148.340, RSMo 1939, amended 1982, 1983; 148.350, RSMo 1939, amended 1945, 1982, 1996; 148.360, RSMo 1939, amended 1945, 1947, 1965, 1977, 1982, 1990, 2005; 148.370, RSMo 1945, amended 1969, 1982, 2009; 148.380, RSMo 1945, amended 1945, 1949, 1982; 148.390, RSMo 1945, amended 1951, amended 1963, 1969, 1971, 1976, 1986; 148.400, RSMo 1945, amended 1969, 2001; 148.410, RSMo 1939, amended 1982; 148.420, RSMo 1939, amended 1945, 1983; 148.430, RSMo 1939, amended 1945; 374.045, RSMo 1967, amended 1993, 1995, 2008; and 376.350, RSMo 1939, amended 2000. General Am. Life Ins. Co. v. Bates, 363 Mo. 143, 249 SW2d 458 (Mo banc 1952). Tax on premiums received is not a property tax, but an excise or occupation tax imposed upon the privilege of conducting business in this state. Op. Atty. Gen. No. 62, Miller (1-17-50). Title insurance companies organized under the provisions of art. 17, Chapter 37, RSMo (1939), are exempted from payment of franchise tax to the extent assets of the corporation are reasonably allocated to such insurance business.