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The Virginia 801 form, officially known as the Surplus Lines Brokers Quarterly Tax Report, serves as a crucial document for surplus lines brokers operating in the Commonwealth of Virginia. This form is mandated for brokers whose annual premiums tax liability is expected to exceed $1,500 and who have generated direct gross premium income from policies for Virginia residents during the quarter. It is essential to note that if the amount reported on Line 8 is $0, the form does not need to be filed for that quarter. Timely submission is critical; reports must be postmarked within 30 calendar days following the end of each quarter. The form includes various lines that require specific information, such as gross premiums, additional premiums, and returned premiums, which are necessary for calculating the premiums tax owed. The tax rate is set at 2.25% of the taxable premiums, and any credits from prior periods can impact the total amount due. Filing can be completed online through the Virginia Department of Taxation's eForms system, or brokers can opt for paper filing. For any inquiries, brokers can reach out to the Virginia Department of Taxation directly. Compliance with these requirements is vital for maintaining good standing and avoiding penalties.

Preview - Virginia 801 Form

FORM 801

VIRGINIA SURPLUS LINES BROKERS

 

QUARTERLY TAX REPORT

GENERAL INFORMATION

The Department’s website, www.tax.virginia.gov, has information to help you with your tax filing responsibilities.

eForms: File and pay your tax online for free. Simply complete the online version of the paper estimated report by entering the tax information as you would if you were completing a paper form.

PDF Forms: Virginia tax forms are available to print or download.

Secure Email: Use our iFile Secure Message Center.

Email Updates: Sign up to receive Virginia tax filing reminders and tax news.

Other Inquiries: Call (804) 404-4163 or write to:

Virginia Department of Taxation

P.O. Box 715

Richmond, VA 23218-0715.

Do not mail returns to this address.

INSTRUCTIONS

Filing Requirements: A surplus lines broker must file this quarterly report, Form 801, if its annual premiums tax liability can reasonably be expected to exceed $1,500 and, during the quarter, it derived direct gross premium income from policies for insureds whose home state is the Commonwealth of Virginia. However, if the amount on Line 8 is $0, Form 801 is not required to be filed for that quarter. Quarterly tax reports must be dated and signed by the surplus lines broker or an agency officer. In addition, the Virginia Surplus Lines Broker’s Annual Reconciliation Tax Report, Form 802, must be filed by March 1 following the close of the taxable year, even if no insurance premiums license tax is owed. Refer to Form 802 for further information.

Where To File and Pay: You can file and pay online with eForms at www.tax.virginia.gov. For paper filing, mail the return to:

Virginia Department of Taxation

P.O. Box 26179

Richmond, VA 23260-6179

The report must be accompanied by a check or money order for the amount due made payable to the Virginia Department of Taxation. Payments returned by the bank will be subject to a returned payment fee of $35 in addition to any other penalties that may be incurred.

When To File and Pay: The report and payment must be postmarked no later than 30 calendar days after the end of each calendar quarter. Payments are considered timely filed if submitted electronically or postmarked on or before midnight of the due date. If the due date falls on a Saturday, Sunday, or legal holiday, the report must be postmarked on the next business day.

LINE INSTRUCTIONS

Line 1 – Gross Premiums: Enter the gross amount of all premiums, assessments, dues, and fees collected, received or derived, or obligations taken during the quarter from policies for insureds whose home state is the Commonwealth of Virginia.

Line 2 – Additional Premiums: Enter the amount of premiums written during the quarter for additional insurance coverage for insureds whose home state is the Commonwealth of Virginia as a result of an insurance rider, rate adjustment, or advance premium less than actual premium.

Line 4 – Returned Premiums: Enter the portion of premiums returned to an insured whose home state is the Commonwealth of Virginia during the quarter as a result of an insurance rider, policy cancellation, rate adjustment, or an excess of advance premium over actual premium.

Line 6 – Premiums Tax: Multiply Line 5 by 2.25%.

Line 7 – Credits from Prior Periods: Enter the portion of premiums returned to an insured whose home state is the Commonwealth of Virginia during the quarter as a result of an insurance rider, policy cancellation, rate adjustment, or an excess of advance premium over actual premium on which tax has already been paid in a prior quarter of this taxable year. If the amount on Line 7 equals or exceeds the amount on Line 6, do not file Form 801. Carry the excess forward to your next quarterly report. Refunds are only issued on the annual return, Form 802.

Detach at dotted line below. DO NOT SEND ENTIRE PAGE

Form 801

Virginia Surplus Lines Brokers Quarterly Tax Report

 

 

(Doc ID 801)

 

 

 

 

 

 

 

 

 

Office Use

 

 

 

For Period Ending

Due Date

 

/

/

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Va. Dept. of Taxation  2616010  Rev. 07/20

0000000000000000 8018888 000000

Account Number

Broker License Number

39- ___ ___ ___ ___ ___ ___ ___ ___ ___ F001

Name of Surplus Lines Broker

Address

City, State, and ZIP Code

I declare that this report (including accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is true, correct, and complete.

Surplus Lines Broker / Agency Officer Signature

Date

Phone Number

1.

Gross Premiums

1.

00

2.

Additional Premiums

2.

00

3.

Total Premiums (Line 1 plus Line 2). . . .

3.

00

4.

Returned Premiums

4.

00

5. Taxable Premiums (Line 3 minus Line 4). . .

5.

00

6.

Premiums Tax (Multiply Line 5 by 2.25%). .

6.

00

7.

Credits from Prior Periods

7.

00

8.

Total Amount Due

 

 

 

 

 

 

 

 

 

(Line 6 minus Line 7)

8.

 

 

. 00

 

 

 

 

Document Specifics

Fact Name Description
Filing Requirement A surplus lines broker must file Form 801 if their annual premiums tax liability is expected to exceed $1,500 and they earned direct gross premium income from policies for Virginia residents during the quarter.
Where to File Form 801 can be filed online at www.tax.virginia.gov. For paper submissions, it should be mailed to the Virginia Department of Taxation, P.O. Box 26179, Richmond, VA 23260-6179.
Payment Details Payments must accompany the report and be made via check or money order payable to the Virginia Department of Taxation. A returned payment fee of $35 applies to any bounced checks.
Filing Deadline The report and payment must be postmarked no later than 30 days after the end of each calendar quarter. If the due date falls on a weekend or holiday, the next business day is the new deadline.
Governing Law Form 801 is governed by the Virginia Code § 38.2-4600, which outlines the requirements for surplus lines brokers in the state.

Virginia 801: Usage Instruction

Completing the Virginia 801 form is an important task for surplus lines brokers who need to report their quarterly tax obligations. Following the steps outlined below will help ensure that the form is filled out accurately and submitted on time. After filling out the form, it must be signed and dated before being filed with the Virginia Department of Taxation.

  1. Begin by entering the account number and broker license number at the top of the form.
  2. Provide the name of the surplus lines broker and the address, including city, state, and ZIP code.
  3. For Line 1, input the total amount of gross premiums collected during the quarter for policies from insureds in Virginia.
  4. On Line 2, enter any additional premiums written during the quarter for extra coverage resulting from riders or adjustments.
  5. Calculate the total premiums by adding the amounts from Line 1 and Line 2, and enter this total on Line 3.
  6. For Line 4, enter the amount of returned premiums issued to insureds in Virginia during the quarter.
  7. On Line 5, subtract the amount on Line 4 from Line 3 to determine the taxable premiums.
  8. Multiply the amount on Line 5 by 2.25% to calculate the premiums tax and enter this amount on Line 6.
  9. For Line 7, report any credits from prior periods that apply.
  10. Finally, subtract the amount on Line 7 from Line 6 to find the total amount due and write this figure on Line 8.
  11. Sign and date the form where indicated, and include a phone number for contact purposes.

Once the form is completed, ensure it is sent to the correct address for filing. If filing by mail, include a check or money order for the amount due. Remember to postmark the report within the required timeframe to avoid penalties.

Learn More on Virginia 801

What is the Virginia 801 form?

The Virginia 801 form, officially known as the Surplus Lines Brokers Quarterly Tax Report, is a document that surplus lines brokers in Virginia must file quarterly. This form is necessary for brokers whose annual premiums tax liability is expected to exceed $1,500 and who have earned direct gross premium income from policies for insureds located in Virginia during the quarter. It ensures that the state can accurately assess and collect taxes on these premiums.

Who needs to file the Virginia 801 form?

Any surplus lines broker who anticipates an annual premiums tax liability exceeding $1,500 must file the Virginia 801 form. If a broker has no premium income for the quarter, specifically if the amount reported on Line 8 is $0, then filing is not required for that period. It is crucial for brokers to assess their income and tax obligations accurately to determine their filing responsibilities.

When is the Virginia 801 form due?

The Virginia 801 form and any associated payment must be postmarked no later than 30 calendar days after the end of each calendar quarter. This means that brokers should be aware of their quarterly deadlines to avoid penalties. If the due date falls on a weekend or a legal holiday, the report should be postmarked on the next business day to ensure timely submission.

How can I file and pay my taxes for the Virginia 801 form?

Brokers have two options for filing and payment. They can file online using eForms at the Virginia Department of Taxation's website, which is a free and efficient way to complete the process. Alternatively, for paper filing, brokers should mail their completed form along with a check or money order to the Virginia Department of Taxation at the designated address. It is important to ensure that all payments are made correctly to avoid returned payment fees and other penalties.

What happens if I miss the filing deadline?

If the filing deadline is missed, the broker may incur penalties and interest on the unpaid tax amount. It is essential to file the Virginia 801 form on time to avoid these additional costs. If a broker finds themselves unable to meet the deadline, they should reach out to the Virginia Department of Taxation promptly to discuss possible options or to seek guidance on how to proceed.

Common mistakes

Filling out the Virginia 801 form can be a straightforward process, but there are common mistakes that individuals often make. One frequent error is failing to report all gross premiums accurately. Line 1 requires the total of all premiums, assessments, dues, and fees collected during the quarter. If any amounts are omitted, it can lead to an incorrect tax calculation and potential penalties.

Another common mistake is misunderstanding the requirements for additional premiums on Line 2. Some brokers may incorrectly enter amounts that do not pertain to additional coverage or fail to include premiums resulting from insurance riders or adjustments. This misstep can affect the total premiums reported and may result in an inaccurate tax liability.

In addition, many individuals neglect to check their calculations for the Premiums Tax on Line 6. This line requires multiplying the taxable premiums by 2.25%. Errors in basic arithmetic can lead to significant discrepancies in the total amount due. It's crucial to double-check calculations to ensure accuracy and compliance.

Lastly, a significant mistake occurs when brokers forget to sign and date the report. The Virginia 801 form must be signed by the surplus lines broker or an agency officer. Without this signature, the form is considered incomplete and may be rejected, delaying the filing process. Ensuring that all sections are filled out correctly and that the report is signed will help avoid unnecessary complications.

Documents used along the form

The Virginia 801 form, known as the Surplus Lines Brokers Quarterly Tax Report, is essential for surplus lines brokers operating in Virginia. This form helps ensure compliance with state tax obligations related to insurance premiums. Several other forms and documents are often used in conjunction with Form 801 to facilitate proper reporting and payment of taxes. Below is a list of these forms, each serving a specific purpose.

  • Form 802 - Virginia Surplus Lines Broker’s Annual Reconciliation Tax Report: This annual form reconciles the total premium taxes owed for the year. It must be filed by March 1 following the close of the taxable year, regardless of whether any tax is owed.
  • Form 760 - Virginia Individual Income Tax Return: This form is for individuals to report their income and calculate their state tax liability. Surplus lines brokers may need to file this if they have personal income from their business activities.
  • Form 500 - Virginia Corporation Income Tax Return: Corporations must use this form to report their income and pay taxes. Surplus lines brokers operating as corporations will need this document for compliance.
  • Form ST-9 - Virginia Sales and Use Tax Certificate of Exemption: This form allows brokers to claim exemption from sales tax on certain purchases related to their business operations.
  • Form W-2 - Wage and Tax Statement: Employers must issue this form to report wages paid to employees and the taxes withheld. Brokers with employees will need to file this form annually.
  • Form 1099-MISC - Miscellaneous Income: This form is used to report payments made to independent contractors or freelancers. Brokers may need to issue this form for services rendered.
  • Form 941 - Employer's Quarterly Federal Tax Return: This federal form is used to report income taxes, Social Security tax, and Medicare tax withheld from employee paychecks. Brokers with employees must file this quarterly.
  • Form 1095-C - Employer-Provided Health Insurance Offer and Coverage: This form provides information about health insurance coverage offered to employees. It is required for employers with 50 or more full-time employees.
  • Form 1040 - U.S. Individual Income Tax Return: Individuals use this form to report their annual income to the federal government. Brokers may need to file this to report personal income from their business.
  • Form 8879 - IRS e-file Signature Authorization: This form authorizes an electronic return originator to e-file a tax return. Brokers using e-filing services may need this document for electronic submissions.

Understanding these forms and their purposes is crucial for surplus lines brokers in Virginia. Proper filing and compliance with these requirements help avoid penalties and ensure smooth business operations. Each form plays a role in the overall tax reporting process, contributing to transparency and accountability in the insurance industry.

Similar forms

The Virginia Form 802, known as the Surplus Lines Broker’s Annual Reconciliation Tax Report, is similar to Form 801 in that it serves as a tax reporting mechanism for surplus lines brokers. While Form 801 is a quarterly report, Form 802 consolidates the annual information and is due by March 1 following the close of the taxable year. Both forms require the broker to report gross premium income and any credits from prior periods, ensuring that the tax liabilities are accurately calculated and reported to the Virginia Department of Taxation.

The IRS Form 941, which is used for reporting quarterly payroll taxes, shares similarities with Form 801 in its quarterly filing requirement. Like Form 801, Form 941 requires the reporting of specific financial data, including wages paid and taxes withheld. Both forms are essential for compliance with tax obligations and must be filed within a specified timeframe to avoid penalties. While Form 941 focuses on employment taxes, the underlying principle of timely and accurate reporting remains consistent across both forms.

The IRS Form 1040, the individual income tax return, is another document that parallels Form 801 in its purpose of reporting financial information to a government entity. Although Form 1040 is filed annually and focuses on personal income, it similarly requires individuals to report various sources of income and deductions. Both forms are vital for ensuring compliance with tax laws and may result in a tax obligation or refund based on the information provided.

The Virginia Form ST-9, a Sales and Use Tax Return, is akin to Form 801 in that it is used to report specific tax liabilities to the Virginia Department of Taxation. Both forms require detailed reporting of financial transactions, and timely submission is essential to avoid penalties. While Form ST-9 focuses on sales tax, the underlying goal of accurate reporting for tax compliance is a shared characteristic.

The IRS Form 990, which is used by tax-exempt organizations to report their financial information, has similarities with Form 801 in that both require detailed financial disclosures. While Form 990 focuses on the financial activities of nonprofits, both forms aim to provide transparency and accountability to the respective tax authorities. Each form serves a critical role in ensuring that the entities comply with tax regulations and maintain their standing with the government.

The Virginia Form 760, the Individual Income Tax Return, also resembles Form 801 in its function of reporting income to the state tax authority. Both forms necessitate the accurate reporting of financial data and adherence to filing deadlines. While Form 760 is specific to individual income, the principles of reporting and compliance are common to both forms, emphasizing the importance of meeting tax obligations.

The IRS Form 1065, used by partnerships to report income, deductions, and credits, is comparable to Form 801 in that both require the reporting of financial information to the government. Form 1065 is filed annually, while Form 801 is filed quarterly, but both forms serve to ensure that the respective entities fulfill their tax responsibilities accurately and on time. This consistency in reporting requirements underscores the importance of compliance across various tax forms.

The Virginia Form 500, the Corporation Income Tax Return, shares characteristics with Form 801 in that both require the reporting of financial information to the state tax authority. While Form 500 is designed for corporations and is filed annually, both forms focus on ensuring accurate reporting of income and tax obligations. Compliance with the filing requirements is crucial for both individuals and businesses to avoid penalties and maintain good standing with tax authorities.

Dos and Don'ts

When filling out the Virginia 801 form, it’s essential to follow the guidelines carefully. Here are some dos and don’ts to ensure your submission is accurate and timely.

  • Do file the form if your annual premiums tax liability is expected to exceed $1,500.
  • Do ensure that the form is dated and signed by you or an authorized agency officer.
  • Do submit your report and payment within 30 days after the end of each calendar quarter.
  • Do use the online eForms for a faster and easier filing experience.
  • Don’t mail your returns to the address listed for inquiries; use the correct mailing address for submissions.
  • Don’t forget to include a check or money order for the amount due if filing by paper.
  • Don’t file the form if the amount on Line 8 is $0.
  • Don’t overlook the requirement to file Form 802 by March 1, even if no tax is owed.

Misconceptions

Understanding the Virginia Form 801 can be challenging, and several misconceptions often arise. Here are six common misunderstandings about this form:

  • Misconception 1: Only large brokers need to file Form 801.
  • This is not true. Any surplus lines broker who expects their annual premiums tax liability to exceed $1,500 must file this report, regardless of the size of their business.

  • Misconception 2: If I have no premiums, I don’t need to file.
  • While it’s correct that if the amount on Line 8 is $0, you do not need to file for that quarter, you still must file if you have any gross premium income for Virginia insureds.

  • Misconception 3: I can mail my return to the same address every time.
  • It’s important to note that for paper filing, you must send the return to a specific address: Virginia Department of Taxation, P.O. Box 26179, Richmond, VA 23260-6179. Do not send it to the address listed for other inquiries.

  • Misconception 4: Filing online is not secure.
  • The Virginia Department of Taxation offers a secure online filing option through their eForms. This method is not only secure but also allows you to file and pay your taxes for free.

  • Misconception 5: I can file Form 801 any time after the quarter ends.
  • Form 801 must be filed and paid within 30 calendar days after the end of each quarter. Timely submission is crucial to avoid penalties.

  • Misconception 6: I can receive refunds through Form 801.
  • Refunds are not issued with Form 801. Instead, you must file the Virginia Surplus Lines Broker’s Annual Reconciliation Tax Report, Form 802, to request any refunds.

Key takeaways

Filling out the Virginia 801 form is an important task for surplus lines brokers. Here are some key takeaways to help you navigate the process effectively:

  • Understand the Filing Requirement: You must file Form 801 if your annual premiums tax liability is expected to exceed $1,500 and you have earned direct gross premium income from Virginia policies during the quarter.
  • Zero Premiums: If the amount on Line 8 is $0, you are not required to file Form 801 for that quarter.
  • Signature Requirement: Ensure that the form is dated and signed by either the surplus lines broker or an agency officer.
  • Annual Reconciliation: Remember to file Form 802 by March 1 following the close of the taxable year, even if you owe no tax.
  • Filing Options: You can file and pay online for free using eForms at the Virginia Department of Taxation website or submit a paper form by mail.
  • Payment Submission: If filing by paper, include a check or money order made payable to the Virginia Department of Taxation with your report.
  • Timely Filing: Submit your report and payment within 30 calendar days after the end of each quarter to avoid penalties.
  • Weekend and Holiday Considerations: If the due date falls on a weekend or holiday, postmark your report on the next business day.
  • Line Instructions: Pay close attention to the specific instructions for each line, particularly for calculating gross premiums and premiums tax.
  • Credits from Prior Periods: If the amount on Line 7 equals or exceeds Line 6, do not file Form 801 and carry the excess to your next quarterly report.

By following these guidelines, you can ensure that your filing is accurate and timely, helping you maintain compliance with Virginia tax regulations.