Municipal Tax on Flood Insurance Premiums Barred by Doctrine of Sovereign Immunity

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South Carolina municipalities are not entitled to assess municipal business license taxes based on, or measured by, the total flood insurance premiums collected in the particular municipality by insurance companies under an arrangement with FEMA, according to a March 1, 2013 opinion of the Fourth Circuit Court of Appeals. Finding the taxes contravened the principles of sovereign immunity, the Fourth Circuit reversed a decision of the U.S. District Court for the District of South Carolina.

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Published In: Insurance Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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