(a)        The following definitions apply in this section:

(1)        Assessment. – An assessment as described in N.C. Gen. Stat. § 58-48-35 or an assessment as described in N.C. Gen. Stat. § 58-62-41.

(2)        Association. – The North Carolina Insurance Guaranty Association created under N.C. Gen. Stat. § 58-48-25 or the North Carolina Life and Health Insurance Guaranty Association created under N.C. Gen. Stat. § 58-62-26.

(3)        Repealed by Session Laws 1995, c. 360, s. 1(e).

(4)        Member insurer. – A member insurer as defined in N.C. Gen. Stat. § 58-48-20 or a member insurer as defined in N.C. Gen. Stat. § 58-62-16.

(b)        A member insurer who pays an assessment is allowed as a credit against the tax imposed under N.C. Gen. Stat. § 105-228.5 an amount equal to twenty percent (20%) of the amount of the assessment in each of the five taxable years following the year in which the assessment was paid. In the event a member insurer ceases doing business, all assessments for which it has not taken a credit under this section may be credited against its premium tax liability for the year in which it ceases doing business. The amount of the credit allowed by this section may not exceed the member insurer’s premium tax liability for the taxable year.

(c)        Any sums that are acquired by refund, under either N.C. Gen. Stat. § 58-48-35 or N.C. Gen. Stat. § 58-62-41, from the Association by member insurers, and that have previously been offset against premium taxes as provided in subsection (b) of this section, shall be paid by the member insurers to this State in the manner required by the Secretary of Revenue. The Association shall notify the Secretary that the refunds have been made. (1991, c. 689, s. 298; 1991 (Reg. Sess., 1992), c. 1007, s. 8; 1995, c. 360, s. 1(e).)

Terms Used In North Carolina General Statutes 105-228.5A

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
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