Please be advised, the Wilmington Office of the Delaware Department of Insurance has moved to a new location effective June 30th, 2023. The new address for the Wilmington office is: 503 Carr Road, Suite 303, Wilmington, Delaware 19809. (All payments should be mailed to 1351 West North Street, Suite 101, Dover, Delaware 19904.)
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The date that a Captive is licensed is the date filing responsibilities commence. If a Captive is licensed in the year 2015 the captive must meet the filing requirements for 2015.
For companies incorporated in Delaware, the Division of Corporations Annual Franchise report and taxes are due on March 1st of the following year. A captive that is a Delaware corporation does not pay franchise taxes, but THE INCORPORATED CAPTIVE MUST FILE THE CORPORATE ANNUAL REPORT AND PAY THE $50.00 FILING FEE on or before March 1st each year. Penalties start immediately after the due date. The forms are at the following link: corp.delaware.gov/paytaxes.
Limited Liability Companies, Limited Partnerships, Statutory Trusts and other Delaware formations are not required to file annual reports with the Division of Corporations.
Premium taxes are due for the year that the captive is licensed on the following April 15th. Even a Captive that is licensed on December 31, 2018, for example, is required to meet all of the filing requirements listed on the link below on or before April 15, 2019. That includes an Annual Report, the $400 annual renewal fee, and at least the minimum Premium Tax for the entity.
The following Captive Annual Premium Tax forms are available at Delaware Insurance Department’s Premium Tax and Fees page:
Domestic Captive Insurance Companies (other than Series LLCs, Industrial and Association Captives)
Special Purpose Captives with Series
The Annual Report Form F-1 Updated as of 12/12/2019 are Excel workbooks for every Captive company (except SPFC companies filing NAIC Statements) and must be completed and delivered to the Delaware Captive Insurance Bureau by April 15th annually. Annual Report Instructions (Pure/Series) Updated as of 12/12/2019
SPFCs also file quarterly reports with NAIC and the Delaware Captive Bureau by May 15, August 15 and November 15 annually.
Captive Companies are required to file Audited Financial Statements by June 30th annually. Each Captive, Core, and Cell file the audited financial statement prepared by an independent auditor. SBUs are included in the Core’s audited financial statement. Audited Financial Statement Instructions.
All Captive entities that retain risk must file a Statement of Actuarial Opinion by June 30th annually. For a Core with series captive insurance company, the Core files the Structure’s Actuarial Report and each Series files an individual SAO. Actuarial Opinion Instructions