Instructions - 2022 Form IB-43 Self-Insured Workers' Compensation Corporation

General Information

All self-insurers organized and licensed in accordance with G.S. 58-47, G.S. 97-5 or G.S. 97-93, including groups of employers who have pooled their liabilities and employers that carry their own risks, that are doing business in this state are subject to gross premiums tax pursuant to G.S. 105-228.5, the retaliatory tax provisions set forth in G.S. 105-228.8 and the insurance regulatory charge pursuant to G.S. 56-6-25. The tax imposed on a self-insurer is based on gross premiums charged against the same or most similar industry or business, taken from the manual insurance rates then in force in this state, applied to the self-insurer's payroll for the previous calendar year as determined under Article 36 of Chapter 58 of the General Statutes modified by the self-insurer's approved experience modifier. The Insurance Regulatory Charge is a percentage of the gross premiums tax liability.

The annual premiums tax return and payment of tax are due March 15. Installment tax payments, if required, are due April 15, June 15, and October 15. Penalties as provided in Statutes apply if tax returns, including installment payments, and payment of premiums taxes are not timely.

Specific Instructions for Filing Form IB-43

Part 1 - Computation of Gross Premiums Tax

Line 1 – Adjusted Taxable Premiums: Complete Part 5 and enter Total Adjusted Taxable Premiums from Part 5 on Line 1.

Line 2 – Gross Premiums Tax: Multiply the amount on Line 1 by 2.5% (.025).

Line 3 – Tax Credits:

Guaranty Fund – Enter the amount of credit available shown on the tax offset notice provided by the North Carolina Insurance Guaranty Association or the North Carolina Life & Health Insurance Guaranty Association. Payments made to the North Carolina Insurance Guaranty Association or the North Carolina Life & Health Insurance Guaranty Association can be taken as a credit against the Gross Premiums Tax. The credit is taken in five equal installments, the first of which can be taken in the year following the year in which the payment is made. The credit cannot exceed the Gross Premiums Tax for the year. Tax offset notices are provided annually by the associations referenced above. A copy of the tax offset notice must be attached.
CD-425/NC-478 – Enter the total credits claimed (excluding guaranty fund credits). Credits available are Supplemental Workers’ Compensation Credits, Credit for Investing in Renewable Energy Property, remaining installments and/or carryforwards of Article 3A Credits, Article 3J Credits, Article 3E Credits, and Article 3H Credits. A copy of Form CD-425 and/or Form NC-478 and applicable NC-478 Series in support of credits claimed must be attached.

Line 4 – Gross Premiums Tax Liability: Subtract Line 3a plus Line 3b from Line 2. IMPORTANT: If your Gross Premiums Tax Liability is $10,000 or more, you are required to remit three equal quarterly installments during the succeeding year. The installments are due April 15, June 15, and October 15 and are submitted with Form IB-44.

Line 5 – Prior Year Credit Applied to 2022: Enter the amount from Line 11 of the 2021 Form IB-43.

Line 6 – Gross Premiums Tax Installment Payments: Enter the total Gross Premiums Tax installment payments made during the year. Installment payments are due April 15, June 15 and October 15. Each installment must be equal to 33 1/3% of the tax liability for the first preceding tax year.

Line 7 – Balance of Gross Premiums Tax Due: Subtract Line 5 plus Line 6 from Line 4. If the total of Line 5 plus Line 6 is less than Line 4, additional tax is due. If the total of Line 5 plus Line 6 is more than Line 4, enter the amount of overpayment on Line 10.

Line 8 (a) – Penalties:

Failure to File Penalty: Any annual return or installment form not filed by its respective due date is subject to a failure to file penalty pursuant to G.S. § 105-236. There is no provision for an extension of time to file annual returns or installment forms.
Failure to Pay Penalty Any payment of tax that is due with the annual return or as an installment and is made after the statutory due date of the respective payment is subject to a late payment penalty pursuant to G.S. § 105-236. There is no provision for an extension of time to pay the amount of tax due.
Other Penalties: Other penalties, such as negligence, fraud, or filing a frivolous return may be assessed. In addition, a taxpayer may be subject to criminal penalties such as fraud with intent to evade or defeat the tax, and willful failure to file a return, supply information, or pay the tax.

Line 8 (b) – Interest: Interest at the rate established by G.S. 105-241.21 accrues on taxes paid after the due date. See the Department’s website for the current interest rate.

Line 9 – Total Gross Premiums Tax Due: Add Lines 7, 8a and 8b.

Line 10 – Overpayment: If the total of Line 5 plus Line 6 is more than Line 4, enter the amount of overpayment here.

Line 11 – Amount of Line 10 to be Applied to 2023 Gross Premiums Tax: Enter the portion of the overpayment on Line 10 that is to be applied to the 2023 Gross Premiums Tax liability. The amount of overpayment may be applied in total or in part to the 2023 Gross Premiums Tax liability.

Line 12 – Gross Premiums Tax to Be Refunded: Subtract Line 11 from Line 10.

Part 2 - Computation of Insurance Regulatory Charge

Line 13 – Gross Premiums Tax Liability: Enter the Gross Premiums Tax Liability amount from Part 1, Line 2.

Line 14 – Insurance Regulatory Charge: Multiply Line 13 by 6.5% (.065).

Line 15 – Prior Year Credit Applied to 2022: Enter the amount from Line 21 of the 2021 Form IB-43.

Line 16 – Insurance Regulatory Charge Installment Payments: Enter the total Insurance Regulatory Charge installment payments made during the year. Installment payments are due April 15, June 15 and October 15. Each installment payment must be equal to 33 1/3% of the tax liability for the first preceding tax year.

Line 17 – Balance of Insurance Regulatory Charge Due: Subtract Line 15 plus Line 16 from Line 14. If the total of Line 15 plus Line 16 is less than Line 14, additional Insurance Regulatory Charge is due. If the total of Line 15 plus Line 16 is more than Line 14, enter the amount of overpayment on Line 20.

Line 18 (a) – Penalties:

Failure to File Penalty: Any annual return or installment form not filed by its respective due date is subject to a failure to file penalty pursuant to G.S. § 105-236. There is no provision for an extension of time to file annual returns or installment forms.
Failure to Pay Penalty: Any payment of tax that is due with the annual return or as an installment and is made after the statutory due date of the respective payment is subject to a late payment penalty pursuant to G.S. § 105-236. There is no provision for an extension of time to pay the amount of tax due.
Other Penalties: Other penalties, such as negligence, fraud, or filing a frivolous return may be assessed. In addition, a taxpayer may be subject to criminal penalties such as fraud with intent to evade or defeat the tax, and willful failure to file a return, supply information, or pay the tax.

Line 18 (b) – Interest: Interest at the rate established by G.S. 105-241.21 accrues on taxes paid after the due date. See the Department’s website for the current interest rate.

Line 19 – Total Insurance Regulatory Charge Due: Add Lines 17, 18a and 18b.

Line 20 – Overpayment: If the total of Line 15 plus Line 16 is more than Line 14, enter the amount of overpayment here.

Line 21 – Amount of Line 20 to be Applied to 2023 Insurance Regulatory Charge: Enter the portion of the overpayment on Line 20 that is to be applied to the 2023 Insurance Regulatory Charge liability. The amount of overpayment may be applied in total or in part to the 2023 Insurance Regulatory Charge liability.

Line 22 – Insurance Regulatory Charge to be Refunded: Subtract Line 21 from Line 20.

Part 3 - Amount Due

Line 23 – Total Payment Due for 2022: Add Lines 9 and 19. An overpayment in one part cannot be used to offset an amount due in the other part.

Part 4 - Installment Payments Made

G.S. 105-228.5(f) requires that taxpayers with a premiums tax liability of ten thousand dollars ($10,000) or more for business conducted in North Carolina during the immediately preceding year shall remit three equal quarterly installments with each installment equal to at least thirty-three and one-third percent (33 1/3%) of the premiums tax liability incurred in the immediately preceding taxable year. The quarterly installment payments shall be made on or before April 15, June 15, and October 15 of each taxable year.

Part 5 - Adjusted Taxable Premiums Calculation

Standard job class descriptions and job class codes are established by the National Council on Compensation Insurance. Taxable percentages to be used in the calculation of taxable premiums for each specific job class are established by the North Carolina Rate Bureau. The Experience Modification Factor is also established by the North Carolina Rate Bureau and is usually “1.00000”. However, a company may petition the North Carolina Rate Bureau for an adjusted factor. The table of job class descriptions, job class codes, and taxable percentages to be used in completing the 2022 Gross Premiums Tax Return is available on the department’s website.

Job Class Description Column: Using the rates table, enter the Job Class Description of each job performed by the company.

Job Class Column: Using the rates table, enter the Job Class code that corresponds with the Job Class Description entered in the Job Class Description column. Note: For Job Class codes 0908 and 0913, contact the Department at 919-754-2600 for special instructions.

Taxable Percentage Column: Using the rates table, enter the Taxable Percentage for each Job Class code entered in the Job Class column.

Payroll Amount Column: Enter the amount of payroll paid by the company in 2022 for each Job Class code.

Taxable Premiums Column: Multiply the Payroll Amount for each specific Job Class code by the Taxable Percentage for that Job Class code.

Total Taxable Premiums: Enter the total amount of Taxable Premiums from the Taxable Premiums column.

Approved Experience Modification Factor: Enter “1.00000” or the company’s Approved Experience Modification Factor. If the Approved Experience Modification Factor used is not “1.00000”, attach a copy of the document(s) issued by the North Carolina Rate Bureau supporting the factor used.

Total Adjusted Taxable Premiums: Multiply the Total Taxable Premiums by the company’s Approved Experience Modification Factor. Enter the amount of Total Adjusted Taxable Premiums on Part 1, Line 1.

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