Mass. Gen. Laws » Part I Title IX Chapter 63
Massachusetts General Laws

Mass. Gen. Laws ch. 63, § 23 (2026)

Foreign companies; premiums subject to taxation; rate

✓ current as of July 2026
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Section 23. Every foreign insurance company coming within the scope of the definition of a foreign company in section 1 of chapter 175, except life insurance companies with respect to business taxable under sections 20 and 21 and marine, or fire and marine, insurance companies with respect to business taxable under section 29A, shall annually pay an excise upon the gross premiums for all policies written or renewed, all additional premiums charged, and all assessments made during the preceding calendar year for insurance of property or interests in this commonwealth, or which are subjects of insurance by contracts issued through companies or agents therein, exclusive of reinsurance, at the rate of 2.28 per cent but not less in amount than would be imposed by the laws of the state or country under which such company is organized upon a like insurance company incorporated in this commonwealth, or upon its agents, if doing business to the same extent in such state or country.

Notes of Decisions
Cited in 5 cases, 1961–2002 · leading case: ACE Prop. & Cas. Ins. v. Comm'r of Revenue, 770 N.E.2d 980 (Mass. 2002).
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ACE Prop. & Cas. Ins. v. Comm'r of Revenue, 770 N.E.2d 980 (Mass. 2002). · cites it 7× “(2000) (Act), preempts G. L. c. 63, § 23, with respect to any tax imposed on premiums for crop insurance policies that are reinsured by the Federal Crop Insurance Corporation (FCIC).”
Prudential Ins. Co. of Am. v. Comm'r of Revenue, 709 N.E.2d 1096 (Mass. 1999). · cites it 3× “under which such company is organized upon a like insurance company incorporated in this commonwealth, or upon its agents, if doing business to the same extent in such state.”
Liberty Mut. Ins. v. State Tax Comm'n, 312 N.E.2d 559 (Mass. 1974). “See G. L. c. 63, § 23, for a similar excise on foreign insurance companies.”
Springfield Ins. Co. v. State Tax Comm'n, 174 N.E.2d 455 (Mass. 1961). “excise on foreign insurance companies, G.L.c. 63, § 23, as amended through St. 1946, c.”
Springfield Ins. v. State Tax Comm'n, 342 Mass. 505 (Mass. 1961). “excise on foreign insurance companies, G. L. c. 63, § 23, as amended through St.”
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