20-674. Premium tax offset

A. The fund shall issue to each insurer paying an assessment pursuant to this article a certificate of contribution, in a form prescribed by the director for the amount paid. All outstanding certificates shall be of equal priority without reference to amounts or dates of issue.

B. Except for premium taxes and assessments collected pursuant to title 23, chapter 6, a certificate of contribution issued to a member insurer may be offset against the insurer's premium tax liability to this state in the amount of twenty per cent of the assessment for the year of assessment and twenty per cent of the assessment per year for each of the succeeding four years. A member shall at its option have the right to show a certificate of contribution as an asset in the form approved by the director at percentages of the original face amount approved by the director, for calendar years as follows:

1. One hundred per cent for the calendar year of issuance.

2. Eighty per cent for the first calendar year after the year of issuance.

3. Sixty per cent for the second calendar year after the year of issuance.

4. Forty per cent for the third calendar year after the year of issuance.

5. Twenty per cent for the fourth calendar year after the year of issuance.

C. Any sums available for refund, pursuant to section 20-666, from the fund that have been written off by contributing insurers and offset against premium taxes shall be paid to the director and shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Notwithstanding subsection B of this section, the total amount a member insurer, as defined in section 20-661, may offset against its premium tax liability pursuant to a certificate of contribution that is issued from 1987 through 1994 shall not exceed the following percentage amounts for each certificate of contribution, except that in no event may the total amount of the offset exceed one hundred per cent of each assessment:

1. For 1992, thirteen per cent.

2. For 1993, eleven per cent.

3. For 1994, thirteen per cent.

E. No insurer may offset its premium tax liability by any amount unless the assessment for which the first year credit is claimed was collected by the guaranty fund in the calendar year for which the insurer seeks to offset its taxes.

F. Beginning in 1995, the total amount that a member insurer may offset against its premium tax liability pursuant to a certificate of contribution shall be as provided in subsection B of this section, except that in no event may the total amount of the offset exceed one hundred per cent of the assessment.